Monday, March 22, 2010

[BBL2014] Contract Laws

http://www.youtube.com/watch?v=HQZ4YmFuG2A

http://www.youtube.com/watch?v=rNLkQvz_BdY&NR=1


Searching through youtube, I found this interesting clip that has everything that we are learning in class. Taken from the movie Gung Ho, learn about the application of contract laws in real life.

[BBL2014] Kansas man attacks bus driver, causes crash in Sevier County

Fact: A Kansas man(not named) stood up, ran to the front of the bus and kicked the driver in the head which caused the driver to lose control of the bus. The westbound bus veered through a median and across oncoming traffic about 11:25pm when it hit a fence and stopped near the town of Joseph. The man, who attacked the driver, then ran from the bus when it crashed and hid at a home in Joseph. He was found in the rafters of a garage, the Utah Highway Patrol reported.

Held: The man was booked into the Sevier County jail on suspicion of bus jacking, aggravated assault and trespassing.


Link: http://www.sltrib.com/news/ci_14685853

[BBL2014] Drunk, high dad leaves baby in oven overnight, police say

Fact: A Kentucky man, Larry Long age 33 was high on marijuana and drunk on whiskey put his 5-week-old son in the oven Sunday and left him there overnight, police said. In a statement by McCracken County Sheriff Jon Hayden, Larry Long returned home after smoking marijuana at the restaurant where he works as a cook to share a fifth of whiskey with the baby's mother, Brandy Hatton. At 5:30 the next morning, Hatton awoke to the sound of the baby's cries coming from the oven. The baby had been in it for several hours, police said.

Held: Police arrested Long and charged him with first degree wanton endangerment. He is being held on bail of $10,000. In Kentucky, a person is guilty of wanton endangerment in the first degree when, under circumstances manifesting extreme indifference to the value of human life, he wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another.

Link: http://www.cnn.com/2010/CRIME/03/16/kentucky.oven.baby/

[BBL2014] The world's Strangest Laws

Laws are made to help keep order in check. However, at times, laws made can be quite ridiculous as can be found in all countries. Laws differ from country to country or even state to state depending on how important the Law would serve them. Here's a few:

"In Victoria Australia, only a licensed electrician is allowed to change a lightbulb."

"In Victoria Australia it is forbidden to wear pink hot pants after mid-day on a Sunday."

"In England, it is illegal for a cab in the City of London to carry rabid dogs or corpses."

"In England, it is illegal to die in the Houses of Parliament."

Here's where you can find the rest:

http://www.dailytelegraph.com.au/news/wacky/the-worlds-strangest-laws/story-e6frev20-1111114208087

[BBL2014] Suspect arrested in cinema thermometer stabbing

Link: http://www.kmir6.com/Global/story.asp?S=12160390

I came upon this news and found it to be quite disturbing as to what people can get themselves into nowadays. A 39 year old man was found under suspicion of attempted murder of stabbing a meat thermometer into the neck of a moviegoer. The victim was stabbed and suffered serious injuries after complaining about someone talking on a cell phone.

Thinking about this case really got me thinking. Should the accused be found guilty, he would be charged with manslaughter of the first degree unless he is otherwise not mentally stable. It’s either he did it knowing of the consequences or he could be a nut-case.

[BBL2014] Grand jury declines to indict lawyer in barratry case

Link: http://www.chron.com/disp/story.mpl/metropolitan/6919798.html

Lawyer Lloyd Oliver was originally indicted in August 2009, accused of working with a homeless man to solicit defendants. The action by the grand jury effectively ends any charges of barratry against Oliver. Assistant Harris County District Attorney Kelli Johnson took the case back to the grand jury where Oliver testified and was given a no-bill. The indictment was thrown out earlier because of a procedural error.

The homeless man, Perry Mason, who was befriended by Oliver (from Oliver’s statement) sells cigarettes and bottles of water outside of the jail at 21 San Jacinto and remains under indictment, accused of soliciting clients by handing out Oliver’s business cards outside the jail.

Fruit for thought:
“Barratry is the unlawful splitting of attorney's fees with a non-lawyer. It also can refer to the unlicensed practice of law.”
“Texas law prohibits lawyers or anyone working for them to directly solicit business.”

[BBL2014] Man sent to prison for dispute over a can of beer

Link: http://www.postbulletin.com/newsmanager/templates/localnews_story.asp?z=2&a=444073

Fact: A Rochester man, Boonchom Soom Duangvela aged 29 was accused of robbing and assaulting another man over a can of beer. The accused on September 26 2009, was approached by the police prior to a complaint about two men fighting at an intersection in southeast Rochester. In response, Duangvela put down a can of beer when police spoke to him and walked away, ignored the police’s order to stop, ran but was caught by officers who subdued him with 3 shots of electric shock. Officers found a loaded .22-caliber revolver in his pants pocket.
The victim, a 58 year old man reported that he went to the park with a 12-pack of beer to meet a friend but was approached by the accused.
“He said Duangvela kept asking for beer and cigarettes. He said he started walking home and was followed by Duangvela, who put a gun to his ribs and said he wanted a beer, the complaint said. There was a scuffle, the complaint said, and Duangvela apologized, took a beer and walked away.”

Held: Duangvela pleaded guilty on Feb. 8 to a felony charge of illegally being in possession of a pistol or assault weapon and a misdemeanor charge of fleeing a peace officer. Under that agreement, charges of first-degree aggravated robbery and second-degree assault with a dangerous weapon, both felonies, were dismissed. A gross misdemeanor charge of obstructing the legal process also was dismissed. Judge Jodi Williamson sentenced him Thursday to 60 months prison on the felony, with credit for 174 days served in jail. He also is to pay fines and court fees totaling $135.

[BBL2014] Cop Talk: It's not entrapment if you're speeding of your own free will

Link: http://www.redding.com/news/2010/mar/20/cop-talk-its-not-entrapment-if-youre-speeding-of/

This is a normal excuse occasionally used by speeding road offenders to plead for their own innocence. From the link, written by Monty Hight a retired California Highway Police Officer regarding about this matter. Quoted:

Q: When a California Highway Patrol officer is sitting on the other side of the freeway in the complete dark with no parking lights or anything indicating his presence and uses his radar gun for speed control and nabs you, is that entrapment? And how can it possibly be legal?

His reply is as quoted:

A person is "entrapped" when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.” And

There was nothing that the CHP officer did that caused you to exceed the posted speed limit. Yes, you probably would have slowed down had you known he was there, but nothing that he did induced or persuaded you to commit a crime (speeding).

Although this is a reference taken from California, this matter applies to any roads and highways. As such, any drivers or motorcyclists that are found guilty of speeding or breaking the speed limit have only themselves to blame as this incident is done under their conscious.