Friday, October 23, 2015

rain predicted


Preparing for flood.  I probably should be doing something besides brewing a pot of hot, delicious coffee.  Is there a dot com site aiding old people?



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California Cop Who Tweeted Against Protesters no Longer on Force



A Northern California officer suspended for posting inflammatory comments on social media that were critical of vocal and sometime-violent police abuse demonstrations is no longer on the force.
A San Jose Police Sgt. Enrique Garcia confirmed Thursday that Phillip White no longer works for the department but declined to say if he was fired or resigned. White didn’t return a phone call.
The department suspended him on Dec. 15 after an online news site reported the tweets amid heightened tensions across the country between police and communities of color.
“Threaten me or my family and I will use my God given and law appointed right and duty to kill you,” one tweet stated with the hashtag “#CopsLivesMatter.” Another tweet said he was off duty, attending a movie and would be armed.
“By the way if anyone feels they can’t breathe or their lives matter I’ll be at the movies tonight, off duty, carrying my gun.”
Community activists demanded his dismissal and the department and the police union condemned the posts. The San Jose Police Officers’ Association didn’t return a phone call Thursday.
The Santa Clara County district attorney’s office looked into the matter but declined to file criminal charges. Nearby Menlo College where White was an assistant basketball coach cut ties with him.
White was a 20-year veteran of the department who taught gang prevention classes to elementary school students.
The San Jose Mercury News first reported White’s departure from the department.

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Kasey













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President Obama promises to speed up the pace of federal pardons and commutations, which today languish at historic lows. In a one-on-one interview with The Marshall Project Thursday, the president also reiterated his concerns about the death penalty, including its racial components, and says his position (and that of his administration) on capital punishment is still under review. He also told TMP’s Bill Keller about moments as a young man when he suspected he had been racially profiled by police. THE MARSHALL PROJECT

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Dallin Oaks, a high-ranking apostle in the Mormon Church, at a news conference in Salt Lake City in January. This week, he spoke about the boundaries of church and state.
Mormons Say Duty to Law on Same-Sex Marriage Trumps Faith

By JACK HEALY

Dallin Oaks, a leader in the Mormon Church, said that public officials like Kim Davis should follow the law and not apply their religious beliefs.

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Business
Michael Steinberg, right, formerly a porfolio manager of SAC Capital Advisors. The federal prosecutor in Manhattan moved on Thursday to dismiss insider trading charges and convictions against him and six others.
U.S. Prosecutor to Drop Insider Trading Cases Against Seven

By MATTHEW GOLDSTEIN

Preet Bharara, United States attorney in Manhattan, moved to drop insider trading charges and convictions, including those against Michael Steinberg.

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Judge gives juror 5 days, fines her $500 for doing legal research during trial


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A Georgia juror was sentenced to five days in jail for contempt of court and fined $500 on Wednesday because she admittedly did legal research in a criminal case.
Judge James Blanchard Jr. found out about the problem when the jury in the Richmond County Superior Court robbery case sent the court a message saying that it was deadlocked because of Takia Ivey’s research on Tuesday night, reports theAugusta Chronicle.
He declared a mistrial and sentenced Ivey, 27. She had admitted she performed legal research, the judge said, and shared what she believed she had discovered with other jurors, in violation of standard court instructions to jurors.
WDRW also has a story.
It’s not clear from news coverage whether Ivey was immediately jailed and whether she was represented by legal counsel in a contempt hearing.





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CRIMINAL PROCEDURE

9th Circuit OKs doubling of prison term for defendant who laughed at sentencing


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Laughter after he was sentenced to a year in federal prison for a probation violation cost a California defendant another year behind bars.
When U.S. District Judge Lawrence O’Neill challenged Ramon Ochoa’s demeanor he insisted he hadn’t been laughing at the sentence and apologized. But the Fresno judge, who’d just given him 12 months and a day, disagreed and doubled Ochoa’s sentence to a maximum two-year term, recounts the 9th U.S. Circuit Court of Appeals in a Thursday opinion (PDF).
On Thursday, a divided appellate panel in San Francisco affirmed the longer sentence, rejecting a claim by Ochoa’s appellate counsel that it violated 18 U.S.C. Section 3582, which prohibits a sentence from being modified after it is imposed unless certain conditions apply. The Legal Information Institute provides a copy of the statute.
One of the exceptions in the statute is Federal Rule of Criminal Procedure 35, which allows a sentencing court to correct mistakes within a two-week period after sentencing. Rule 35 defines sentencing as “the oral announcement of sentence.” The Legal Information Institute provides a copy of the rule.
Using reasoning previously approved by the 1st, 5th and 10th U.S. Circuit Court of Appeals in earlier cases, the 9th Circuit majority said “a sentence is not final—and Rule 35(a) does not apply—when there is no formal break in the proceedings from which to logically and reasonably conclude that sentencing had finished.” Hence, it upheld the doubled sentence for Ochoa.
However, a dissenting judge—Chief District Judge Gloria Navarro of Nevada, sitting by designation—called the court’s decision draconian and said it violated the plain language of the sentencing rules.
If a defendant is disrespectful in court, he or she can be held in contempt, Navarro said.
“The decision of the majority is not supported by the relevant statutory text,” she wrote, “and perversely permits district courts to increase sentences at an arbitrary whim so long as the modified sentence is imposed before the bang of a gavel.”

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Suspend judge for 90 days and fine her $20K for conduct in DUI case, panel tells top state court


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Will the second time be the charm? After seeing an earlier settlement of a disciplinary case involving a Florida judge nixed by the state supreme court, the state’s Judicial Qualifications Commission has tried again.
This time, it is calling for a 90-day suspension plus a $20,000 penalty for Broward Circuit Judge Cynthia Imperato, according to the South Florida Sun Sentinel. In addition to a jury conviction for driving under the influence, she refused a breath test and showed a judicial badge to an officer when asked for identification.
Earlier, the supreme court rejected a settlement calling for a 20-day suspension that would have run concurrently with Imperato’s sentence in a criminal driving-under-the-influence case.
Two other judges in Broward County who were accused of driving under the influence around the same time as Imperato have resigned, the newspaper notes.
Related coverage:
ABAJournal.com: “3rd county judge charged in DUI case goes to trial, after nixing plea deal”
ABAJournal.com: “Judge who flashed badge at police officer claims selective DUI prosecution, but jury convicts her”
See also:
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Billionaire donors nix $20M gift after judge rules that college can't be renamed

Oct 22, 2015, 3:40 pm CDT

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Law clerk's 'owe me a beer' text to BigLaw associate leads to review by federal judge

Oct 22, 2015, 9:37 am CDT

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sam





You are probably thinking my stove is outdated. Yet I am thinking, today my kitchen looks perfect. Stove hasn't been used in years. I don't cook, unfortunately.







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