Thursday, February 27, 2014

Texas one step closer to decriminalize marijuana. Rick Perry endorses marijuana. Texas Marijuana benefits.


                                   




  Texas Gov. Rick Perry says he is supporting policies toward decriminalization of marijuana in his state, although he is still against legalization of marijuana entirely.
Speaking at the World Economic Forum in Davos, Switzerland, Perry said he has already begun the process to move toward softer punishments for marijuana offenders in Texas.

“As governor, I have begun to implement policies that start us toward a decriminalization,” Perry said as quoted by the Chronicle, including with “drug courts,” an alternative to the traditional court system that sentence some drug users to rehabilitation and supervision instead of jail time.

Perry’s spokeswoman told the paper that the Republican governor still opposes fully legalizing marijuana, but he is looking for ways to reduce jail time for some nonviolent pot users.
“Legalization is no penalty at all, whereas decriminalization doesn’t necessarily mean jail time (for minor possession offenses). It means more of a fine or counseling or some sort of program where you don’t end up in jail but in a rehabilitative program,” Lucy Nashed said. “The goal is to keep people out of jails and reduce recidivism, that kind of thing.”
The comments were Perry’s first on decriminalization, although he has been supportive of the drug courts, which were created by a 2001 Texas law.




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What is the punishment range for a third 3rd degree felony in Texas?



                                                        


Question?

My brother is 17th he is being charged with 3 felony Burglary of a Habitation. He has gotta in trouble before but nothing this bad, what will the judge think of him with 3 felony Can the attorney work something out? He's in jail we'll I write this we paid the jail release just waiting to see what happens next. Is there hope for him and my family?



The punishment range for burglary of a habitation is either a 2nd degree or a first degree felony dependent on the facts of the burglary.

It is a second degree felony if the burglary was for theft purposes only. The punishment is anywhere between 2-20 years up to $10,000 fine or probation if probation eligible.

It is a first degree felony if the person enters the habitation to commit a felony other than felony theft. Like assault or robbery. Then the range of punishment is between 5-99 years and up to a $10,000 fine.

It's difficult for any attorney to give you a prediction of what will happen not knowing the facts and circumstances of your brothers case.

These sentences can either run concurrently together or consecutively.

What I can tell you is that he needs the best representation possible to help him through this process.

If you wold like to discuss this feel free to contact my office.

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Arizona Gov. Jan Brewer vetoing a "religious freedom" bill that threatened gay men and lesbians.

                                                       

Arizona Gov. Jan Brewer may have ended the latest controversy in her state by vetoing a "religious freedom" bill that threatened gay men and lesbians, but the nation's legislatures and courts are just getting started.
While religious liberty remains a "core value" in Arizona, Brewer said Wednesday, "so is non-discrimination." And therein lies the balancing act that's at the root of several other disputes.
Can the Obama administration force for-profit businesses to provide health insurance for their employees that includes forms of contraception the owners equate with abortion? That case comes to the Supreme Court next month.
Can a New Mexico photographer, an Oregon bakery and a Washington state florist refuse to provide services to same-sex weddings? Those questions are pending before courts and could soon go to voters as well.
Can several states from Mississippi in the South to Utah in the West enact laws similar to the one Brewer vetoed in Arizona, setting up potential conflicts between religious liberty and other freedoms?
The answer isn't simple. Congress and the states often carve out exceptions for religious beliefs. The Supreme Court has consistently made room for religious exercise. And unlike race and gender, sexual orientation is not a protected class — yet.
But for a religious liberty bill such as Arizona's to pass the smell test, it must show both a compelling interest on the part of those who want to flex their religious muscles, and it must not impose undue costs or burdens on others. That is where many such efforts collapse.
"We ought to accommodate religion when we can," says Frederick Gedicks, an expert on law and religion at Brigham Young University Law School. "That is, when it doesn't impose significant costs on others."
If photographers, bakers and florists refused to serve gay men and lesbians, could they get the services easily elsewhere? Even if they could, would they be embarrassed or insulted by the slight?
The first question is paramount in the Supreme Court challenge by for-profit businesses to the so-called "contraception mandate" in the health care law. The companies argue that female employees can get birth control easily on their own, without their employers' assistance.
The second question was addressed by Supreme Court Justice Anthony Kennedy in last year's opinion striking down a key section of the Defense of Marriage Act, which denied federal benefits to legally married same-sex couples. Kennedy said the purpose and effect of the law was "to impose a disadvantage, a separate status, and so a stigma" on those couples.
Beyond assessing the burden on consumers or employees, the other relevant question in most cases is: What's the compelling interest?
In the case of Arizona's businesses, Brewer said, there wasn't one. The bill "does not seek to address a specific and present concern related to Arizona businesses," she said.
Still, there are times when laws can carve out exceptions or exemptions for religious beliefs — carefully. "There are slippery slope problems here, but I think there are handrails on that slope," Gedicks said.
It's quite possible that the New Mexico photographer cannot avoid serving gay men and lesbians, as the state Supreme Court ruled, but that the U.S. Supreme Court will permit an Oklahoma-based arts-and-crafts company and a Pennsylvania woodworker to deny some contraception coverage to their employees.
That's because in the latter case, it's the government compelling family-owned corporations to do something against their owners' religious beliefs, says Anthony Caso, a law professor at Chapman University in California who has submitted a brief supporting Hobby Lobby and Conestoga Wood Specialties.
But Sally Steenland, director of the faith and progressive policy initiative at the liberal Center for American Progress, said religious beliefs can't overcome the Constitution's guarantee of equal protection.


"What ends up happening is that religious beliefs trump the Constitution, and people can pick and choose the laws they want to obey," she said. "It enshrines discrimination as a religious belief."

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NFL star Darren Sharper faces more rape charges

Former NFL star Darren Sharper faces more rape charges

February 27, 2014
Darren Sharper appears in a Los Angeles court on February 14 to face rape charges. He faces separate rape charges in New Orleans.
Darren Sharper appears in a Los Angeles court on February 14 to face rape charges. He faces separate rape charges in New Orleans.

STORY HIGHLIGHTS
  • Darren Sharper now faces rape charges in two states
  • The former NFL star faces two counts in New Orleans of aggravated rape
  • A second man, Erik Nunez, also faces the same charges in Louisiana
  • An attorney for Sharper previously has said his client engaged in "consensual contact"
 New Orleans police have issued arrest warrants for former NFL star Darren Sharper and another man in connection with the alleged rapes of two women.
Sharper, 38, and Erik Nunez, 26, each face two counts of aggravated rape, the Orleans Parish district attorney's office said in a statement.
Sharper and Nunez face the possibility of life without parole if convicted.
CNN reached out to an attorney for Sharper and to Nunez, but neither immediately returned messages seeking comment.
Sharper has also been charged in California with two counts of rape by use of drugs and other charges, according to Los Angeles County prosecutors.
He pleaded not guilty last week.
"Mr. Sharper must stay in Los Angeles County," a judge said at a bail hearing.
Judge Renee Korn set Sharper's bail at $1 million and ordered him to stay away from venues that sold alcohol as a primary item.
Prosecutors in Louisiana said the two alleged rapes occurred on September 23 in a New Orleans apartment.
The alleged rapes in California occurred in October and last month, authorities said.
Prosecutors there said the five-time Pro Bowl player, who became an NFL Network analyst, is also under investigation in Arizona and Nevada.
Tempe, Arizona, police say they expect to file charges against Sharper soon.
"We have nothing yet. We anticipate filing charges very shortly and we are still waiting on a couple of results from the crime lab," said Sgt. Mike Pooley.
In addition, a Florida woman last month filed a sexual battery complaint in Miami Beach against Sharper relating to a 2012 incident, a police report said.
According to the report, the woman was with two friends at a Miami Beach club in September or October 2012 when she met Sharper. The woman, her friends and another person went to Sharper's condo, where the woman claims the battery took place.
Miami Beach police are investigating the case, Miami Beach Detective Vivian Hernandez said last week.
One of Sharper's lawyers disputed all the rape allegations last week at his hearing.
"It was all consensual contact with women who wanted to be in his company," Leonard Levine said.
Sharper played for the Green Bay Packers, Minnesota Vikings and New Orleans Saints from 1997 through the 2010 season.

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Same sex marriage ruled legal by Federal Court.

Same-sex couple on Texas marriage ruling: 'I wasn't sure I'd live to see it happen'




Wednesday, a judge struck down the state's ban on gay marriage, but the Texas Attorney General says he will appeal that decision.Wednesday, a judge struck down the state's ban on gay marriage, but the Texas Attorney General says he will appeal that decision.
Texas' ban on same-sex marriage has been struck down, but there's still a long road ahead before this issued is settled for the Lone Star State. Texas state leaders have made it clear that they will file appeals to fight this ruling. Still, East Texas gay couples say they are excited and hopeful for change.   
"When I first heard it, I thought... in Texas? This is wonderful," says Lou Anne Smoot of Tyler.

Lou Anne Smoot and Brenda McWilliams have been together for more than 13 years. They say not if, but when, Texas recognizes gay marriage, they'll be among the first gay couples to tie the knot.

"I wasn't sure I'd live to see it happen," says Smoot.

Wednesday, a judge struck down the state's ban on gay marriage, but the Texas Attorney General says he will appeal that decision.

"We will just continue the effort of defending the Texas constitution. I believe, if the Supreme Court or the lower courts apply well-established Supreme Court principles, the Texas constitution will be upheld," said Abbott.

Immediately after the court's decision, Governor Rick Perry released a statement saying, "The 10th Amendment guarantees Texas voters the freedom to make these decisions, and this is yet another attempt to achieve via the courts what couldn't be achieved at the ballot box."

However, the long road and opposition won't deter this East Texas couple.

"I don't think that we can take away an individual's civil right just by popular vote," says McWilliams.

"I know that it will be appealed. I feel certain that it will be. It may be years before we ever reap the benefits of this, but I feel certain that we will reap those benefits and gay couples will be able to marry in Texas," adds Smoot.

They say what they want is simple... equal rights and unity without uniformity.

"There's not them and us. We're all people," says McWilliams.

A federal judge will give Texas Attorney General Greg Abbott time to appeal the ruling allowing same-sex marriage. That appeal would be heard by the Fifth Circuit Court in New Orleans, which is one of the most conservative courts in the country.

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What to do if involved in an 18 Wheeler Big Truck Accident?



 Texas 18-Wheeler Accident Attorney Erick Platten 

 Discusses Roadcheck 2010.

              

Safety costs money. Theres simply no way around that and many trucking companies try to save money at the risk of public safety as a recent sting operation by the Tx DPS clearly illustrates. But before we delve too far into the results of this operation lets first provide some context.
The goal of our national and state legislatures police and other investigatory and regulating bodies such as the Federal Motor Carriers Safety Administration and indeed the most important goal of personal injury lawyers such as myself is to compel trucking companies to make safety a priority. This is accomplished in a variety of ways. For instance the legislature compels safety policies by way of enacting laws for which there are administrative or criminal penalties if the laws are broken. Alternatively my firm does its part by holding trucking companies financially accountable when they break the law and cause someone to suffer an injury or die. Or another way to look at it some trucking companies take shortcuts on safety because its cheaper in the short run; I sue them on behalf of my clients thereby making them realize that in fact being safe is actually a prudent business decision in the long run.
If left to their own devices many trucking companies would simply put safety on the back burner. For instance if there was no law telling truck drivers that they can only drive for some maximum number of hours in a given day many trucking companies would push their workers too hard and there would be a greater number of drivers falling asleep at the wheel.
However in our collective pursuit to ensure that drivers and trucking companies put safety first police officers lawyers and law makers certainly must strike a reasonable balance such that trucking companies are not unfairly burdened while still insisting that they put forth a good faith effort to keep our highways safe. We dont ask trucking companies to do anything that is unreasonable and in most cases we really only ask that they do the bare minimum. As such it is disheartening when trucking companies cant even live up to those obligations.
On that note during the summer of 2010 the Texas Department of Public Safety participated in the multi-state sting operation known as Roadcheck 2010. Essentially Texas DPS officers randomly pulled over nearly 7000 18-wheelers and inspected their safety features in addition to inspecting the drivers and their status and compliance with federal and state laws.
Shockingly (but honestly not a huge surprise) a staggering 25% of the trucks they pulled over were found to have serious enough safety concerns as to warrant taking the vehicles out of service altogether and numerous others were found to be non compliant at least in part. All of this can be read about in the official TX DPS press release.
Therein youll find some particularly infuriating highlights such as Vehicle out-of-service violations included 900 for brakes out of adjustment 702 for brake system problems 283 for tire or wheel issues… I think we can all agree that having functioning brakes is not asking too much from the trucking industry yet nearly 10% of the trucks inspected had brake system problems. Additionally the press release states Overall 27143 violations were documented as a result of the 6906 inspections conducted. This means that on average each tractor trailer/ driver had roughly 3.9 violations under their belt.
But averaging out the number of problems by the total number of trucks inspected is actually downplaying the problem. In fact 2516 of the trucks were found to be fully compliant. As such their drivers were awarded with a decal which exempted them from further inspections for 90 days; sort of a gold star if you will. However 3490 (approximately 64%) of the vehicles that were inspected failed to pass in some capacity. That means that literally most of the trucks that were inspected did not meet basic safety and/ or compliance guidelines. That information combined with the assumption that the trucks which were given a gold star did not share in any of the 27143 infractions (a reasonable assumption) means that the average violation per problem vehicle was actually 6.18 violations per tractor trailer/ driver! Or put another way roughly 36 % of the trucks inspected follow all of the rules but the other roughly 64% (the overwhelming majority) on average were breaking the rules in a profound way.
Excluding some statistical anomaly that would make the trucks randomly chosen for inspection somehow not an accurate representation of trucks in operation (thats hard to believe) it is safe to say that most of the 18-wheelers on Texas highways are not following basic safety requirements. Its staggering to see in black and white that what Ive suspected all along is true. Staggering… but not surprising.  As a trial lawyer who represents the victims of 18-wheeler accidents you do everything you can to make a difference but theres always a little part of you that thinks Maybe the worlds not really as dangerous as it seems to me. Maybe Im just seeing the worst because I represent people whove been through the worst. But with sting operations like Roadcheck 2010 it just goes to show that the concerns are indeed real and that many trucking companies are putting profits ahead of public safety.



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Kerry Kennedy Ambien DWI?

Kerry Kennedy and the Ambien

 Defense- UPDATE

kerry kennedy
Another Kennedy family member has found herself in a difficult situation.
Just one month after Robert Kennedy Jr.’s ex-wife Mary committed suicide, his 52-year-old sister Kerry Kennedy is in trouble with the law.
Kennedy, who is the ex-wife of New York Governor Andrew Cuomo, was involved in a motor vehicle accident on last Friday. She was allegedly driving erratically on Interstate 684 in upstate NY, when she collided with a truck.
According to the Daily News, Kerry Kennedy was found by police sitting behind the wheel of her car. She had no explanation for what happened. She took a voluntary Breathalyzer test that quickly ruled out alcohol.
Kennedy claims that there is a possibility that she may have accidentally taken the sleeping pill Ambien instead of her thyroid medication. Although her initial drug blood and urine tests at the hospital came back negative,  police are doing a follow-up analysis of her blood sample.
Family members are also questioning whether an undiagnosed medical condition could be behind the accident.
Could Ambien have played a role in Kerry Kennedy’s accident?

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