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Saturday, August 23, 2014

The Obama administration is considering seeking congressional authorization for military action against the Islamic State under a revamped counter-terrorism strategy President Barack Obama announced last year. A mandate from Congress could provide domestic legal justification for the unlimited use of force against the Sunni Muslim group across Iraq and Syria, a senior administration official said. Congress last formally authorized such action in 2001, against al-Qaeda and its associates, and 2002, against Iraq under Saddam Hussein. read more


Saturday, July 19, 2014

A Daytona Beach, Florida, father who walked in on a man sexually battering his 11-year-old son Friday beat the suspect unconscious and bloody, according to a 911 call. "I just walked in on a grown man molesting [my son]," the upset father told a dispatcher. "And I got him in a bloody puddle for you, officer." Raymond Frolander, 18, of Holly Hill was charged with sexual battery by an 18-year-old on a victim under 12 and is being held without bail, Volusia County Branch Jail records show. Frolander admitted the assault, police claimed. "I don


Friday, July 18, 2014

RICHMOND, Va. (AP) -- The State Board of Elections plans to re-evaluate its definition of a valid identification under Virginia's new voter ID law after a state lawmaker raised concerns about the rule.

On June 10, the board determined that expired but otherwise valid forms of identification will be accepted at the polls. Board members voted Tuesday to reconsider the regulation and reopen the public comment period for 21 days. The board plans to study whether it has the authority to determine what forms of ID are valid, media outlets reported.


Wednesday, July 16, 2014

A federal judge in Orange County ruled Wednesday that California's death penalty violates the U.S. Constitution's ban on cruel and unusual punishment. U.S. District Judge Cormac J. Carney, ruled on a petition by death row inmate Ernest Dewayne Jones, who was sentenced to die nearly two decades ago. In overturning Jones' death sentence, Carney noted that the inmate faced "complete uncertainty as to when, or even whether" he will be executed. The "random few" who will be executed "will have languished for so long on Death Row that their execution will serve no retributive or deterrent purpose and will be arbitrary," Carney said. "No rational person, can question that the execution of an individual carries with it the solemn obligation of the government to ensure that the punishment is not arbitrarily imposed and that it furthers the interests of society."


Saturday, July 12, 2014

Shawnee County District Court Judge Franklin Theis rules from the bench Friday to allow Kansas to move forward with a dual voting system to help enforce a proof-of-citizenship requirement for new voters. The secretary of state's office has directed counties to handle ballots differently, based on whether the voter has used a state or national registration form, the latter of which does not require proof of citizenship. read more


Comments

#21

Cobb, the indicted CPRIT staff member was a Perry donor, so what? www.dallasnews.com

If "vague and over-broad" is all you got out of that then you missed a lot.

Squaring a New AUMF for ISIL with the President's NDU Speech

If the Administration does decide to seek congressional authorization for the use of military force against ISIL, one question is how the White House will square that effort with the President's NDU speech last year, where the President said with respect to the 2001 AUMF "I look forward to engaging Congress and the American people in efforts to refine, and ultimately repeal, the AUMF's mandate. And I will not sign laws designed to expand this mandate further."

#76

Blind partisans should seek legal and medical advice before hyperventilating over media reports on legal matters. Once again, never rely on the media to accurately report on legal proceedings.

Here is the grand jury secrecy statute. Nothing is that statute prevents the conclusory statements of "fairness" reported in that Houston Chronicle article nor do the conclusions reveal what "transpired" before the grand jury. See also the First Amendment.

Rusty and 'Notch

You've argued over witness credibility as if there is an objective criteria. There is none. It's subjective. It's up to each person reviewing a persons testimony (there ain't any yet) to judge credibility. No one opinion is definitive.

I've tried to find the Missouri state jury instruction on credibility (MAI-CR 3d 302.01) without success. I did find the recommended Eighth Circuit instruction.

In deciding what the facts are, you may have to decide what testimony you believe and what testimony you do not believe. You may believe all of what a witness said, or only part of it, or none of it. In deciding what testimony to believe, consider the witness's intelligence, the opportunity the witness had to have seen or heard the things testified about, the witness's memory, any motives that witness may have for testifying a certain way, the manner of the witness while testifying, whether that witness said something different at an earlier time,1 the general reasonableness of the testimony, and
the extent to which the testimony is consistent with any evidence that you believe. [In deciding whether or not to believe a witness, keep in mind that people sometimes hear or see things differently and sometimes forget things. You need to consider therefore whether a contradiction
is an innocent misrecollection or lapse of memory or an intentional falsehood, and that may depend on whether it has to do with an important fact or only a small detail.]
forms.lp.findlaw.com
Hope that helps.

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