Category: Criminal law

North Carolina Police Reportedly Arrest Woman Who Refuses To Turn Over Cellphone After Filming Alleged Abuse

In Jacksonville, police are being accused of arresting and beating the wrong man in response to a report of a fight on Christmas Eve. They then arrested family members who say that were just trying to stop police from beating their relative. Daisy Besancourt, 57, was charged with failure to disperse on command, after she reportedly filmed the police and refused to turn off her phone.
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The Real Insurance Frauds

Submitted by: Mike Spindell, guest blogger

It’s Christmastime again and since my childhood, long ago, the Frank Capra film “It’s A Wonderful Life” has been shown time and again in this season, providing a message of redemption, hope and joy that we associate with this time of year. You all know the plot about selfless George Bailey (James Stewart) a man who has sacrificed his dreams for others and because of his selflessness winds up running the Bailey Building and Loan Association, of Bedford Falls, NY. Because of George this institution has provided home loans for the poor of this rural community and serves as its bank. With the Company on the verge of bankruptcy, through duplicity, George is on the verge of suicide distraught over the losses to those he loves and worried by needs of the average people of his town. You all know this plot and if you don’t its summary is here. http://en.wikipedia.org/wiki/It%27s_a_Wonderful_Life#Plot . I must warn you, perhaps it’s the time of year but I choked up reading the plot, yet again, as I do every time I see this beloved movie.

This introduction has not been made because I’m about to write about banks, or the depredations of the banking industry. Others here and our host have already written extensively on the predatory nature of the banking industry and the harm it has caused to our country. My point of this opening is that we have all grown up with certain mythologies about businesses that provide financial services to the public. This film has had a place in defining that American mythology, in this instance about a bank of sorts, whose leader believes in aiding the community first and profits second. Myths shape our thinking and from my youth I still remember the ad slogan “You have a friend at Chase Manhattan”.

We’ve discovered that banks are anything but our friends. Their bottom line has surpassed service to the point that each customer is looked at as a “cash cow”, to be plundered incessantly with usurious interest and fees for what should be free services. But what about “You’re in Good Hands with Allstate”, “Nationwide Is On Your Side”, or “Like A Good Neighbor State Farm is There”?  Surely the Insurance industry supplies the safety net we want for our homes and cars. Do they? Last week I was sent an article by the Independent Claims Adjuster handling my interminable case for mold damage to my home. He’s helping greatly so this isn’t about me, but the article he sent certainly puts into context all the delays in the process and how property insurance companies are maximizing their profits at the expense of their customers. Continue reading “The Real Insurance Frauds”

Facebook Felon: California Man Arrested After Apologizing For Death of Pregnant Girlfriend and Baby On Facebook

Yesterday, we discussed the latest example of a man arrested after posting an incriminating picture on Facebook. He is now joined on this list of alleged Facebook felons by Willie Davis Hines Jr., 23, of San Bernardino County. He was arrested after publishing an account of his beating his pregnant girlfriend, who later died.

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Facebook Felon: Chicago Man Charges After Posting Picture of Bound Child

We have previously seen the trend of people who post on sites like Facebook and then find the postings used as evidence against them. The latest is Andre Curry, 21, who was charged Tuesday with aggravated domestic battery after he posted a photo of his 1-year-old daughter bound in duct tape on Facebook.

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California Highway Officer Allegedly Speeds Through Intersection Without Lights, And Kills Two Pedestrians . . . Police Later Arrest Four Relatives Of The Victims

We have previously written (here and here and here and here) about unnecessary fatalities produced by high-speed chases by police officers — an on-going controversy over the justification for such chases. The latest such controversy occurred in California where Deputy John Swearengin drove through an intersection without his lights on and hit and killed Daniel Hiler, 24, and Chrystal Clevenger, 30. They were pushing a small motorbike across the interaction when hit by Swearengin. He was responding to a call about a stolen vehicle. The police ended up arresting relatives of the deceased who were outraged by the accident.

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The Turley Blog Needs Your Vote! The ABA Competition Is Down To The Wire For Top Opinion Blog

This year’s competition for the top opinion blog by the American Bar Association has become an intense race between our blog and one of the largest conservative legal blogs, Volokh Conspiracy. Even though VC is one of the largest blogs in the country, we are only a couple of dozen votes away with voting closing on December 31st. We need every vote so please spread the word to civil libertarians and others that we need their support to pull off the ultimate David and Goliath victory.
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Judge and Former Prosecutor of the Year Accused Of Withholding Evidence That Sent Innocent Man To Jail For 25 Years

Michael Morton, 57, spent nearly 25 years in prison for murdering his wife before he was able to force Texas authorities to finally test DNA evidence that proved his innocence. Now he is demanding that the prosecutor be held accountable for withholding evidence. The problem is that the then-Williamson County District Attorney Ken Anderson, now a district judge in Georgetown (left).
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Man Dies After Eating Cocaine From Brother’s Derrière

Deangelo Mitchell (right) is looking at a rather novel charge after he allegedly convinced his brother Wayne (left) to eat the one ounce of cocaine he had hidden in his rear end. Police say that Deangelo did not want the police to find the drugs after they took him into custody. Wayne died.

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A Dingo May Have Eaten Her Baby After All: Coroner Reopens Case of Famous Baby Murder Case

“A dingo took my baby” stands as one of the most famous lines from any criminal case in history — made so by the movie “A Cry in the Dark” starring Meryl Streep.  Now, a coroner in Australia has reopened the case after a couple of proven dingo attacks on children.
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Light Saber Versus Taser- And The Winner Is …

Submitted by Mark Esposito, Guest Blogger

A man in Portland, Oregon, may hold the answer to indiscriminate use of   Tasers by police in his hands.  Seems the 33-year-old was shopping at Toys-R-Us, when he seized a toy light saber and began swinging the “weapon” at shoppers and mumbling incoherent statements. Police responded and the man met them in the parking lot seised for battle. A few swings later and the police whipped out their Tasers.  Simultaneously,  feeling and then opposing “The Force,” our Skywalker wannabe apparently mentally disabled the first taser when it failed to work. He then manually disabled the second with a well-placed blow of the plastic sabre breaking one of its wires. Sheer numbers ultimately led to the man’s capture. None of the shoppers in Toys-R-Us were harmed in the making of this episode.  The cosmic lesson seems to be that if you’re anticipating an encounter with Taser-wielding police, arm yourself with 1977  toys and sally forth!

Source: Yahoo News

~Mark Esposito, Guest Blogger

Border Patrol: It’s A Crime To Give A Ride To An Illegal Alien

-Submitted by David Drumm (Nal), Guest Blogger

Maclovio Bautista, a legal resident of Washington state and the U.S. for more than twenty years, is under threat of deportation because he was caught giving a ride to an illegal alien. While on their way to see a mechanic, they were pulled over by a Border Patrol agent. Bautista’s companion fled only to be apprehended later. Bautista was held for three days at the Northwest Detention Center in Tacoma.

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Thinning The Hurd: Bears Wide Receiver Arrested in Drug Sting

As if things were not bad enough for Bears’ fans with the loss of Jay Cutler and other mishaps, Bears wide received Samuel Hurd, 26, has been arrested and charged with conspiring to distribute cocaine. Hurd looks like he was sacked in a pretty damning sting operations where he not only is caught arranging delivery of coke and pot but actually accepts a sample (the latter move should have been a tip off of a sting operation).
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France Facing Crisis After Discovery That Tens of Thousands of Women May Have Been Given Industrial Silicone In Breast Implants

France is experiencing a massive tort scandal after it was discovered thousands of women were given breast implants containing industrial silicone rather than medical silicone. We have seen <a href="In Vassallo v. Baxter Healthcare Corp., 696 N.E.2d 909 (Mass.1998), a court looked at the liability of one such company under an implied warranty of merchantability for failure to warn or provide instructions about risks. The appellate court Defendant did have actual or constructive knowledge.”>such cases in the United States of faux doctors using industrial silicone purchased from auto and home repair stores. Nothing, however, comes close to the French scandal. Over 30,000 women in France (as well as some in Spain and the UK) may have had the defective products from Poly Implant Prosthesis (PIP).
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