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December 27, 2011

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Homicides & Gun Permits

Homicides & Gun Permits

If you want the politically sanitized version of this discussion – “If we just got rid of every gun in the world, unicorns would prosper and every day would have rainbows” – Google “homicides and gun permits” then enjoy. I’ll make it easy for you – read this tripe.  I have no use for such contorted […]

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December 26, 2011

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Excluding Evidence: A Primer and Lesson as the US DOJ Goes Down

Excluding Evidence:  A Primer and Lesson as the US DOJ Goes Down

We’ve all heard of cases where evidence was excluded from the eyes and ears of the jury.  Television is full of dramatic examples.  Wailing waifs can be heard to claim that some criminal “got off on a technicality.”  Probably the first example most folks would give is a cop searching without a Warrant.  That evidence, […]

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December 23, 2011

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Escape on Christmas Eve: Merry Christmas Everyone!

Escape on Christmas Eve:  Merry Christmas Everyone!

Some cases bring holiday cheer without a need to editorialize or instruct outside the opinion.  Enjoy, everyone.  Merry Christmas. 311 So.2d 381 (1975) Johnny Diamond HELTON, Appellant, v. STATE of Florida, Appellee. No. W-217.District Court of Appeal of Florida, First District.April 24, 1975.382*382 Alan R. Parlapiano, Asst. Public Defender, for appellant. Robert L. Shevin, Atty. Gen., and A.S. Johnston, […]

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December 19, 2011

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In re: PFC Manning and Rushes to Judgment

In re: PFC Manning and Rushes to Judgment

Every once in a while a trial comes along that concerns an incident broadcast widely.  When I was cutting my teeth as an attorney, it was OJ Simpson.  Recently, it was Michael Jackson’s doctor and that girl in Florida that supposedly killed her daughter.  Today, it is PFC Manning. Manning allegedly downloaded a ton of […]

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December 18, 2011

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Lawsuit Abuse

Lawsuit Abuse

I sat in court the other day.  I had completed my rounds in the courthouse – met with my old judge from Wyoming County (now retired and filling in for an untimely departure on the local bench), the active judge’s secretary, the prothonotary, et al. – and wanted to watch local counsel.  It’s a habit […]

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December 17, 2011

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Yes, I’ll sue an organizing labor union in a heartbeat. Zero hesitation

Yes, I’ll sue an organizing labor union in a heartbeat.  Zero hesitation

Labor unions are run by criminals that engage in illegal conduct to force new union locals on companies so that they can thereafter engage in legalized extortion.  And if the company owners tire of taking it up the ass?  The union leaders compel a strike, complete with vandalism and personal threats.  Oh, and all the […]

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December 15, 2011

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Lawsuit of the Day: Know when to shut your mouth

Lawsuit of the Day:  Know when to shut your mouth

There’s a lesson in this story:  Shut your mouth.  Lying in legal matters never works out. So a 29-year old attorney gets caught speeding.  There’s no indication that he was doing 20 or 30 over the limit – which can toss a person into the aggravated range resulting in license suspension.  No indication that he […]

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December 10, 2011

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Lawsuit of the Day: Selective Perception leads to bad Warrant

Lawsuit of the Day:  Selective Perception leads to bad Warrant

What we’ve got here is a failure to communicate: Here’s a 9th Circuit Opinion worth reading.  The upshot is this … there was a gang-related shooting.  In this particular gang (and maybe it’s common practice), when one gang member does the shooting, another gang member will stash the gun(s) in their home.  The cops had a […]

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December 8, 2011

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Law Office Opening Set

Law Office Opening Set

I went to the office yesterday to meet with the landlord.  Very nice guy.  Seems like a hard worker.  Owns this building and a business in town.  The office has been vacant for three months, and I’m surprised by that.  It’s a perfect set up for a professional office, and is even fully wired with […]

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December 6, 2011

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Lawsuit of the Day: Married teachers ply 17-year old with alcohol for sex

Lawsuit of the Day:  Married teachers ply 17-year old with alcohol for sex

Oh, my.  This grungy looking couple of 60-somethings got this kid drunk then commenced a threesome.  There seems to be additional victims.  The guy also got nailed for child porn.  Worse yet (from a defense perspective), they developed the relationships over years before commencing The Full Lewinski. The news first hit in April 2011: Daniel Shepard, 62, […]

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