Wednesday, August 17, 2016

Positive Mental Attitude helps the day go by

Positive Attitude.  Getting a warning ticket generally sucks because it slows you down.  On the other hand it does provide a pretty good alibi in case you are wrongfully accused of committing a felony across town at the exact same time.
One could say that I set the bar so low on accomplishments so that I could insure that my children can easily out succeed me.  Now THAT'S loving your children.

Perry just said that no one has done more for veterans than he has.  Perry TRULY belongs in Trump's camp of ego-maniacs.

Climate Change Advocates picked up a few former Gore haters in Baton Rouge.

Trump wants EXTREME vetting including social media scrutiny and googling.  This has me worried that I'll be kicked out of the United States and no country will accept me if they use the same criteria.  I KNEW I should have gotten into the astronaut program so at least the Moon or Mars might be a possibility for me. ....Be right back, making sure my flags  furl properly before someone posts it on Instagram and wreck my life.



Want to see some great photography?  Click.



Prosecutors obtained video recordings of lawyer-inmate meetings, hearing reveals

Aug 15, 2016, 3:48 pm CDT


Ohio Hunter Triggers International Outrage With YouTube Video Of Speared Bear

by jonathanturley
We recently followed the controversy over the shooting of "Cecil the Lion"by an American dentist Walter Palmer from Minnesota. There were other trophy hunting stories that enraged people around the world. (here andhere and here). Now, a trophy hunter appears to be vying with Palmer as the most hated man on the Internet after he filmed and posted his killing of a black bear with a homemade spear. Josh Bowman has beendenounced around the world for his video from Alberta, Canada as he celebrated the slow killing of the bear.



California Island Fox Makes Incredible Recovery After Comprehensive Conservation Program

by jonathanturley
Island fox surrounded by vegetation in California
With climate change and other environmental crises, it is hard to often find positive environmental stories but here it is.  The National Park Service has announced that various conservation and legal measures have result in bringing back the beautiful Island fox from the brink of extinction.  The recovery of the Island Fox is an example of how it is possible for humans to repair some of the damage that we do and actually save animals from extinction.


Pennsylvania attorney general is convicted in perjury and obstruction trial

Aug 16, 2016, 9:07 am CDT


Ohio lawyers can't help medical marijuana businesses, advisory opinion says

Aug 16, 2016, 7:00 am CDT


Prosecutors obtained video recordings of lawyer-inmate meetings, hearing reveals

surveillance camera
Prosecutors obtained video recordings of lawyers meeting with their prisoner clients that were made by the Corrections Corporation of America and turned over in response to a grand jury subpoena, testimony revealed at a hearing before a federal judge last week.
U.S. District Judge Julie Robinson ordered(PDF) prosecutors to turn over the video to the court and ordered a stop to video and audio recordings of attorney-client communications at prisons in her district, report KCUR andKAKE. She is also considering the appointment of a special master to look into the matter.
The recordings turned over to prosecutors did not include audio, but they nonetheless “provoked outrage among criminal defense lawyers, who say it strikes at bedrock principles of due process and the right to counsel,” according to the KCUR story.
Private lawyer Jacquelyn Rokusek learned of the recordings after federal prosecutors informed her that the video recordings revealed she had a conflict of interest. Rokusek told the Federal Public Defender about the recordings, made at the Leavenworth Detention Center, leading to the emergency hearing before Robinson.
Robinson said in the order that she had heard evidence that Leavenworth records inmates’ outgoing phone calls unless the inmate informs Leavenworth that he or she is placing a call to counsel. Robinson said she also heard evidence that other detention facilities housing federal inmates in Kansas and Missouri “record phone, video and/or face-to-face communications between attorneys and their clients.”
A spokesperson for Corrections Corporation of America told KCUR that video recordings of attorney-client meetings, without audio, are a standard practice throughout the country. The recordings are made to help protect security.
Hat tip to the Marshall Project.


3rd Circuit refuses to reseal damaging Cosby deposition, but questions 'public moralist' rationale

Aug 15, 2016, 2:23 pm CDT

After 21 of his clients received the death penalty, lawyer won't take any more capital cases

Aug 15, 2016, 11:26 am CDT

Man killed by officer before Milwaukee violence was 16th killed by police in Wisconsin this year

Aug 15, 2016, 9:12 am CDT


Judge on holiday in Colorado (allegedly)  We are fact checking his allegations of cool morning temperatures.



MON, 5/9/2016 - BY OLGA OKSMAN
 122K  86 reddit940  481 

A group of more than 2,000 physicians is calling for the establishment of a universal government-run health system in the US, in a paper in the American Journal of Public Health.
According to the proposal released Thursday, the Affordable Care Act did not go far enough in removing barriers to healthcare access. The physicians’ bold plan calls for implementing a single-payer system similar to Canada’s, called the National Health Program, that would guarantee all residents healthcare. 
The new single-payer system would be funded mostly by existing US government funding. The physicians point out that the US government already pays for two-thirds of all healthcare spending in the US, and a single-payer system would cut down on administrative costs, so a transition to a single-payer system would not require significant additional spending.
“Our patients can’t afford care and don’t have access to the care they need, while the system is ever more wasteful, throwing away money on bureaucratic expenses and absurd prices from the drug companies,” said David Himmelstein, a professor in the CUNY School of Public Health at Hunter College and lecturer on medicine at Harvard Medical School.
Himmelstein, one of the authors of the plan, said the proposal is meant as a rallying cry for physicians and other healthcare professionals around the cause of a single-payer model. According to the paper, even with the passage of the Affordable Care Act many patients “face rising co-payments and deductibles that compromise access to care and leave them vulnerable to ruinous medical bills”. Despite the current high healthcare spending levels in the US, healthcare outcomes are worse than in comparable well-funded countries.
“There has been a conviction that we can approach this incrementally and get there in small steps and one of the advantages of having passed the ACA is that modest steps can’t do the job, and in a way make it easier to make arguments that we need more fundamental changes,” said Himmelstein.
Under the proposal, all US residents would be able to see any physician of their choosing in the country and be treated at any hospital. With guaranteed coverage and no co-pays, deductibles and premiums, patients would not have financial barriers to seeking care, which would lead to greater utilization of the system and improved health outcomes, Himmelstein argues.
The additional funds would be made up by modest tax increases in exchange for abolishing insurance premiums, deductibles and co-pays.
“We would have to abolish the insurance companies, there is no way around that,” Himmelstein said. The employees at the private insurance companies would be retrained for other jobs, he explains, and receive job placement assistance. The insurance CEOs, who earn multimillion dollar salaries, would not get comparable job placement, Himmelstein said wryly.
Fees for medication would be negotiated with pharmaceutical companies the same way other countries with single-payer systems already negotiate for lower cost medications. Currently, US drug prices are some of the highest in the world. 
While Himmelstein acknowledges that the physicians’ proposal would meet with political and business interest opposition, and he can’t say when such a system would realistically have the political backing needed to be implemented, he is hopeful that as more Americans view a single-payer system favorably, pressure will continue to mount on the government.
Proposing a single-payer system in the US is not new. Vermont previously attempted to implement a single-payer system, which passed the legislature but was shut down by the once supportive governor when cost estimates increased beyond what the state was able to afford.
Coloradans will vote this November on whether to institute a single payer system statewide. One of the leaders of the movement in Colorado is state senator Irene Aguilar, who is also a physician. The Colorado proposal would be financed by a payroll tax increase of 7% for employers and 3% for employees. For the self-employed, that would translate into a 10% tax increase. 
But Himmelstein said this type of reform can’t be done state by state. The physicians’ plan depends in part on cost containment through having a single payer with the power to negotiate drug pricing with pharmaceutical companies as well as eliminating many levels of bureaucracy in billing and insurance registration.
The American Medical Association (AMA), which is the largest organization of physicians in the US, has opposed the idea of a single-payer model. When contacted, the AMA pointed to its policy regarding evaluating health reform proposals, which states in part that: “Unfair concentration of market power of payers is detrimental to patients and physicians, if patient freedom of choice or physician ability to select mode of practice is limited or denied. Single-payer systems clearly fall within such a definition and, consequently, should continue to be opposed by the AMA.”
But Himmelstein sees change around the corner. “I think the AMA and its member organizations are slowly starting to come around and I am confident that they will eventually come around.” He points to the passing of resolutions by a few of the state medical associations that make up the AMA membership to study the impact of a single-payer system as indicators of change.
For Himmelstein and the other writers of the editorial, the biggest indicator of change seems to be the talk of a single-payer system in the presidential primaries which has brought attention back to the issue. 
“Bernie Sanders showed you can do extraordinarily well campaigning on this issue,” said Himmelstein, who is confident that if enough American people demand a single-payer system, Congress will eventually have no choice but to change their minds and support it. But what the American people really think of a single-payer system is a lot murkier. While in some polls show majority supportfor a single-payer system, deeper digging by some polls finds that support dwindles when individuals are asked about giving up their private health insurance and paying additional taxes.
- See more at:


Ellis County DA files motion to end attorney’s religious posts

Photo courtesy Ellis County District Attorney.
Ellis County District Attorney Patrick Wilson.
ELLIS COUNTY — Ellis County District Attorney Patrick Wilson filed a motion in the 40th Judicial District Court to prevent defense attorney Griffith & Associates from making religious posts on their law firm's Facebook page.
The motion, dated August 11, 2016, states, "Over the course of the previous calendar year, attorneys employed by Griffith & Associates or agents acting at their direction have made postings on this particular page that appear to have occurred while Griffith & Associates was currently in jury trial. These postings either exposed details about the case that the jury on those particular cases were not entitled to hear or expressed personal opinions about the proceedings that are inadmissible at trial."
The motion was signed by Assistant County & District Attorney Lindy Tober Beaty on behalf of Wilson, as the motion indicates.
The case in which Wilson filed this motion in front of Judge Bob Carroll's court is in relation to the defense of Gliberto Ramirez Gonzalez, who was arrested by Ferris Police Department and booked into the Wayne McCollum Detention Center in Ellis County on July 22, 2013 on charges of "Indecency with or sexual assault of a child."
However, the motion filed with the court to attempt the restricting of Facebook posts by Griffith & Associates only includes exhibits of religious posts by the law firm and fails to provide evidence to support the claim of exposing details of a case that the jury is not entitled to hear.
Exhibit one from January 25, 2016 states:
"Sorry, It has been awhile since this last posting. I have been in trial fighting for a man's life and start another trial today and then another in 2 weeks.
It reminds me of my calling from God. I see God, directing me in my fights for justice. I see God in everything, including my clients. They are scorned, chastised, maligned and cast aside. These are the people Jesus sought out and helped. I imagine He had this plan for me long before I was born. So many paths could have led in different directions but He was always guiding me down the path He had set out for me. I have followed.
The path you want and the path God has for you may not be the same. Have faith, God knows and we don't always know.
I will continue to walk down His path and advocate for the same people He advocated for.
LOVE, COMPASSION, and Passion is the answer, all based in Faith, Hope, Love and Passion.
Have a great week to all of you. Look for a chance to make a difference in your life or someone else's. This is our calling, in different ways for people.
Love always!"
Exhibit two from March 24, 2016 states, "I was in Court yesterday cross-examining the witness who accused my innocent client. I got stuck for a second and was at a lost (sic) for the right questions to get to the truth. So, I said a prayer, it was answered immediately and we got to the truth with this hostile witnessed (sic). For those that say prayer does not work, you never really prayed with the knowledge it WILL be answered."
Exhibit three from May 18, 2016 states,"Day 3 of trial to start at 9 a.m. The jury simply needs to see the heart of my client, because that is where the grace of God resides. I need his heart to speak to their heart and I need to speak to their heart without all the impressive legal terms we learned in law school. Just people talking about what resides in their heart....... and I am praying wisdom, mercy and compassion still have a place there."
Exhibit four from May 17, 2016 states, "I was in trial today. A witness testified and as I listened to this witness for the Government I did not even write anything down. He was really hurting our case, so instead of writing I listened and I prayed. Peace came over me and in only 5 questions he became our witness. These were not my 5 questions, they were 5 questions straight from the God I prayed to."
Exhibit five from January 11, 2016 states, "Trial begins today for an innocent man. I ask that you all lift me up in prayer. That I may hear with God's ears, that I speak with His words and that the jury will be willed with His grace to give my client justice and send him home."
Exhibit six from November 9, 2015 states, "Today I embark on a trial with a young man's future in my hands. I pray that the Father place his compassion, passion and words in my heart. I pray that He makes me the advocate I need to be to get true justice for my client. I pray He cloak me in his embrace and that I understand that all I need to do is be honest, be real, be passionate and listen. Amen."
All six of the exhibits provided as evidence by the Ellis County District's Office are religious in nature posted by Griffith & Associates. A review of the Griffith & Associates' Facebook pageshows that the majority of posts are religious in nature with most not referring to any particular trial that may be or have been in process at the time.



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