Author: Darren Smith

Constitutional Law, Criminal law, Justice, Politics

WA Sex Offender Registration Requirements Can Cause Indefinite Opportunity For Imprisonment Of The Homeless

By Darren Smith, Weekend Contributor

A recent case before the Washington Court of Appeals for Division I highlights what has as a direct result of an increasingly punitive legislation become a perilous trap for a homeless, mentally handicapped citizen–and by extension likely many more.

In February 1998, when he was 23 years old, Jayson Lee Boyd had sex with a 15 year old. On May 27, 1999, Boyd pleaded guilty to Rape of a Child in the Third degree. Boyd was sentenced on July 29, 1999. He has not committed a sex offense since his original conviction. Nevertheless, he is required to register as a sex offender under RCW 9A.44.130 and RCW 9A.44.140. Since his original conviction in 1999, Boyd has been convicted of failure to register as a sex offender three times, all in Skagit County.

Thus his station in life: Seemingly perpetual incarceration is his future.

Continue reading “WA Sex Offender Registration Requirements Can Cause Indefinite Opportunity For Imprisonment Of The Homeless” →

Bizarre

Worst Phishing Email Ever

By Darren Smith, Weekend Contributor

I received this week a true gem of a phishing e-mail. I have to admit however that I was a bit disappointed in its transparency.

Usually the notion of the Confidence Man of the past involves lavishing praise on his mark. Since the 1990s when a flim-flam attempted to scam a person they often provide respect by extending the courtesies of a learned barrister representing wealthy Nigerian politicians or royalty. But it seems cynicism finally overcame this fraud and it consumed him.

But then again, this onerous email might act as a filter to winnow out the intelligent from the truly gullible who are more easily victimized.

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Bizarre, Courts, Criminal law

Some Appellants Never Get A Break

By Darren Smith, Weekend Contributor

In our criminal justice system, appellants tend to fall into three categories: Those who ultimately prevail in their arguments; those who are unable to convince justices of their case’s merits; and those who fall off a cliff and strike every sharp rock on their way to the bottom. Steven Canha apparently suffered the fate of the last category.

After extensive appeals, one of which was to the U.S. Supreme Court, Mr. Canha lost what could be his final personal restraint petition before Washington’s courts of appeals and now the state’s Supreme Court halted the years long contention for his release from prison.

Mr. Canha argues, in short, for a resentencing based on Washington’s determinate sentencing grid by reason of incompatibility of foreign laws to Washington’s and argues for removal of prior convictions to reduce his prison term. But being probably the most unfortunate man in recent memory, a unanimous Court determined applicability of prior violations based largely upon obsolete laws (effective at the time) and time/date dictated ultimately how long his imprisonment occurred.

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Media, Society

NFL Logo No Longer Shown On NFL Sponsor Papa John’s Website

By Darren Smith, Weekend Contributor

After the recent controversy involving NFL players kneeling before the National Anthem at the beginning football games, long time NFL sponsor Papa John’s Pizza no longer displays the NFL Logo or indications of sponsorship on its official website.

While no reference as to the reasons given has been made readily publicly available, there exists the possibility the company might be having at least reservations with presently displaying a logo engendering increasing disfavor with large segments of its customer base.

Papa John’s once branded itself as the Official Pizza of the NFL.

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Politics, Religion, Society

The United Methodist Church And My Loss Of Faith In Its Mission

By Darren Smith, Weekend Contributor

It comes with much personal reflection that after the United Methodist Church’s Annual Conference for the Pacific Northwest Conference area, encompassing where I live in Washington State, I decided to leave the church after seeing what I believe to be the church leadership moving away from spirituality and Christian teachings to a place where members of the hierarchy in our conference use the Church as a platform to pontificate a particular flavor of politics, aligning itself with an American political party, promoting organizations that provide legal advice to those who evade the law, and worst of all having members that promote an organization that advocates the killing of law enforcement officers. This is a sad outcome, but it represents an evolution of thinking becoming endemic to particular districts. I do not believe that most of the districts approve generally of these changes but unfortunately for me they encompass the area I reside. The best choice for me was to end my relationship.

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Bizarre, Constitutional Law, Courts, Criminal law, Politics, Torts

Tenth Circuit Strips Qualified Immunity After Sheriff’s Office Raids Home Of Tea Growers

By Darren Smith, Weekend Contributor

There are some cases where probable cause is questioned and there are a few others that leave me shaking my head in disbelief of how ridiculous some officers can be.

The Tenth Circuit Court of Appeals recently handed down a stinging rebuke of the Johnson County Sheriff’s Office and its deputies some of whom, Plaintiffs claim, lied about a field test of a suspected Marijuana product, finding evidence of marijuana grow derived from purchasing tools at a gardening retailer somehow established probable cause sufficient to send in a SWAT team to execute a search warrant and detain a couple for several hours.

The leafy green vegetable matter in question was not marijuana but tea leaves.

It is a classic example of department officials promising to make a publicity garnering drug sweep and when arrests are not made, someone must be sent to jail at all costs. And as can often be the case with such maligned efforts the end result was a civil rights lawsuit in federal court.

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Environment, Free Speech, Justice, Media, Politics, Religion

Oregon Organic Farm Threatened With Forced Herbicide Use Reaches Settlement With County

Last weekend we featured two articles (HERE and HERE) describing a controversy involving the forced use of chemical herbicides on an organic farm that according to County officials was out of compliance in controlling noxious weeds that were threatening neighboring farms and crops.

The 2,000 acre organic farm in North Central Oregon is facing what could be an existential threat to its operations after county weed control authorities sent notice mandating that the farm use chemical herbicides to eradicate weed growth.

I attended the public hearing held at the Sherman County seat located in Moro, Oregon. Due to a very high volume of interest expressed by residents and those outside the community, the venue was changed from the County Courthouse to a gymnasium at the Sherman County High School. There was a great deal of uncertainty manifest in this hearing with strongly held opinions on many sides and one can say with near certainty that the publicity generated caused turmoil in this small community. In fact, the concern was so great, that a number of law enforcement officials were dispatched to the area to provide security to address a worry that things might get out of hand. But in the end the two sides reached an agreement that precludes the forced use of herbicides–and offered both a carrot and stick for both parties to strongly consider.

Continue reading “Oregon Organic Farm Threatened With Forced Herbicide Use Reaches Settlement With County” →

Academia, Environment, Politics, Torts

Agricultural Scientist Responds To Oregon County’s Mandate To Apply Herbicides To Organic Farm

By Darren Smith, Weekend Contributor

Yesterday I fielded an article concerning a rather distressing mandate by an Oregon county weed control agency seeking to force the application of hazardous herbicides onto a 2,000 acre organic farm owned by Azure Farms. Sherman County Oregon maintains this scorched earth policy is necessary to abate, or more specifically “eradicate”, weeds listed by state statute as noxious.

Now, the scientific community is responding to this overreaching government action by acting in the interests of health and responsible environmental stewardship through advocacy in the hopes that officials in Sherman County will reconsider their mandate.

Dr. Charles Benbrook is a highly credentialed research professor and expert serving on several boards of directors for agribusiness and natural resources organizations. Having read news of Sherman County’s actions, he penned an authoritative response I believe will make informative reading for those concerned by present and future implications in the forced use of herbicides under the rubric of noxious weed eradication, and the damage to organic farming generally arising from such mandates.

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Courts, Environment, Science, Society

Oregon County Mandates 2,000 Acre Organic Farm Sprayed With Chemical Herbicides

By Darren Smith, Weekend Contributor

A 2,000 acre organic farm in central Oregon is facing what could be a be an existential threat to its operations after county weed control authorities sent notice mandating that the farm use chemical herbicides, such as Roundup, to eradicate weed growth.

The mandate would bring to an end nearly 18 years of organic farming, placing a significant loss of organic food to the public.

Azure Farms is a certified organic farm located in Moro, Sherman County, Oregon. The farm produces almost all the organic wheat, field peas, barley, Einkorn, and beef for Azure Standard.

Sherman County could issue a court order on May 22, 2017 to quarantine Azure Farms and possibly to spray the entire farm with poisonous herbicides contaminating them with Milestone, Escort, and Roundup.

Such a unilateral action on the behalf of the few individuals representing county government could set a precedent in damaging perhaps one of the few remaining healthy alternatives to mass-market agribusinesses.

Continue reading “Oregon County Mandates 2,000 Acre Organic Farm Sprayed With Chemical Herbicides” →

Bizarre, Criminal law

Indiana Jones Was Banned From Washington Territory

By Darren Smith, Weekend Contributor

Indiana Jones must have caused a great uproar against the peace and decency of the Pacific Northwest.

On February 27, 1854 the first Legislative Assembly in the newly organized Washington Territory ratified the Statutes of the Territory of Washington. While the criminal code is rather ordinary for the mid-nineteenth century, one has to wonder what kind of menace was to be found in the territorial capital of Olympia. It seems the likes of Indiana Jones was one of those menaces.

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Bizarre

Ninth Circuit Rules H1B Visa Program Violates 13Th Amendment

By Darren Smith, Weekend Contributor

In a surprise reversal of a District Court, the Ninth Circuit Court of Appeals in what is likely to be a landmark decision ruled that the H1B Visa Program, a temporary worker policy of the United States Government, enacted to allow relaxed work permits of needed high-tech foreign workers, violated the 13th Amendment to the U.S. Constitution. The act disparaged workers by forcing tech-workers to labor exceedingly long hours for below-market wages under legal coercion. The Court further held that employers held undue influence and subjected foreign workers to be bound to a particular employer or else face cancellation of their Visa after termination.

The software industry likely will be one of the largest segments to undergo sudden changes to their hiring practices. Yet, the decision likely will be a boon for the Trump Administration in that the hiring of lower-cost foreign workers will reduce and recent citizen graduates of technical colleges and universities could have greater job opportunities.

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Bizarre, Politics

City Pays $62,000.00 For A New Logo Then Tosses It Out The Window

By Darren Smith, Weekend Contributor

Rejected city logo

Adding another example to the list of government debacles, the City of Federal Way, Washington spent over a year and sixty-two thousand dollars for a new logo design that the city council promptly sent to the bit bucket.

The mayor in an interview says he still believes the money was well spent.

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Free Speech, Media, Politics, Society

Washington State Governor Sued For Removal Of Leonard Peltier Art Display

By Darren Smith, Weekend Contributor

Leonard Peltier

I featured three articles in November, 2015 (HERE, HERE, and HERE) depicting a controversy caused by the Washington State Department of Labor & Industries’ promotion of artwork made by Leonard Peltier, who was convicted for the June, 1975 murders of FBI Special Agents Jack Coler and Ron Williams. The display furthered the controversy in that it marked the 40thanniversary year of the agents’ murder. After considerable outcry on both sides of the issue, the dispay was taken down two weeks prior to its scheduled conclusion date.

Now, a lawsuit has been filed in U.S. District Court by Leonard Peltier and his son Chauncey against the state naming L&I Director Joel Sacks, Governor Jay Inslee, the L&I spokesman, retired FBI Special Agents, and two hundred John Does as defendants, claiming that the Peltiers were denied their First, Fifth, and Fourteenth Amendment rights were violated by the state’s removal of the artwork.

The lawsuit indicates strongly how controversies such as these can be avoided and that allowing state employees to promote controversial issues often leads to disaster.

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Bizarre, Justice, Society

$5,000 Hamburger: One Claims It Was ‘Absolutely Worth It’. No, It Was Not.

By Darren Smith, Weekend Contributor

While I consider myself to be more of libertarian and believe individuals should be able to spend their money as they please, no matter how foolishly, there are times where conspicuous consumption is so insulting and demeaning to those who have little it can only be described as a bit immoral.

I read a review by Robert Frank of CNBC of a restaurant that serves a Five Thousand Dollar Hamburger created by Chef Hubert Keller’s “Fleur” restaurant at the Mandalay Bay in Las Vegas. The articles author claims the burger was “absolutely worth it.”

Obviously, I don’t doubt the quality or the hype–reportedly twenty-eight of these burgers have been reportedly sold so far–congratulations to them for being such a good business model and their windfall but what is the social cost to this level of arrogant consumption given that ordinary people must work to pay for basics.

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Constitutional Law, Free Speech, Politics, Religion

WA Supreme Court Rules Against Florist In Gay Marriage Discrimination Case

By Darren Smith, Weekend Contributor

Baronelle Stutzman
Baronelle Stutzman

What so far has proven to be a long ordeal for two men originally wanting only to be provided with a floral arrangement for this upcoming wedding, and also for florist Barronelle Stutzman who asserts her right to religious freedom by denying this service, has now come to another milestone in Washington.

A unanimous ruling by the Washington Supreme Court, the court denied Stutzman and her business, Arlene’s Flowers, INC’s assertions, ruling:

“…Discrimination based on same-sex marriage constitutes discrimination on the basis of sexual orientation.” and therefore held that “the conduct for which Stutzman was cited and fined in this case-refusing her commercially marketed wedding floral services to Ingersoll and Freed because theirs would be a same-sex wedding-constitutes sexual orientation discrimination under the WLAD.” (Washington Law Against Discrimination)

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