Category Archives: Legal Publications

Legal publications can include personal injury articles, divorce law treatises, tort law guides, criminal defense and many many more. Read about our various legal topics here.

San Francisco’s federal prosecutors acted legally

I have to go Andrews and Midland County Texas soon and see my ancillary attorney but in the meantime post this article: We want officials to get tough when it comes to prosecuting criminals. It’s not always so easy or simple to balance protecting rights of defendants and protecting the public.

Wicket Morris and Stephanie Jones were charged with possessing crack with the intent to sell it. The charge specified a mandatory 10-year prison term. When Morrris and Jones refused to plead guilty and testify against murder defendant Dennis Cyrus, prosecutors responded by filed additional charges stemming from previous felony convictions, which increased the minimum term to 20 years. If you need an attorney I can recommend this one, he is a great personal injury attorney.

In 2009, U.S. District Judge Marilyn Hall Patel ruled in that San Francisco’s federal prosecutors had violated the rights of two alleged crack cocaine dealers by filing additional charges that were punishable by at 20 years or more in prison when the defendants refused to testify against a gang member in a murder case.

Bob Egelko, San Francisco Chronicle staff writer, wrote the story posted today, February 3, 2011, under the headline; “S.F.: U.S. attorney’s tough plea bargains legal.”

A federal appeals court ruled Wednesday, Egelko reported, that San Francisco’s federal prosecutors acted within the law when they told accused drug dealers they could pull down long prison sentences if they didn’t agree to plead guilty and to testify against other defendants.

Former U.S.  Gov’t. Attorney Joseph Russoniello used the hard-hitting plea-bargaining strategy, threatening drug defendants with throwing the book at them if they refused to cooperate. Prosecutors then pushed for long sentences for defendants who fought the charges or even asked for release on bail.

Egelko quoted Judge Patel as saying the prosecutors had “short-circuited the truth-finding process” by insisting that both defendants give up their rights immediately, before receiving any offer of leniency.

However, the Ninth U.S. Circuit Court of Appeals in San Francisco said, basing their decision on thirty years of previous rulings, “Deals conditioned on cooperation are permissible.” Although plea agreements require some “give-and-take, there is nothing fundamentally wrong with the prosecution’s decision to present its best offer up front.” All in all this sort of reminds me of a recent Seattle cases. Speaking of that if you are in the emerals city and need a qualified lawyer overall.

I can suggest this one for probate law, wills, trusts and of course estate planning in Ward and Glasscock County TX,  pinsonlaw.com is a fine fine attorney overall. Egelko noted that Russoniello, who was the Bay Area’s chief federal prosecutor from January 2008 to August 2010, stated that the ruling reaffirms prosecutors’ long-standing power to use tougher sentences as leverage in plea-bargaining.

Egelko quoted Russoniello as saying, “That’s what induces people in the business of committing crimes to cooperate.” Egelko adds that Russoniello’s successor, U.S. Attorney Melinda Haag, had no comment, but Federal Public Defender Barry Portman said Haag’s office has not continued Russoniello’s policy, although it would be free to do so following the Ninth U.S. Circuit Court of Appeals ruling.

Former U.S. Surgeon General, C. Everett Koop, on Prolotherapy treatment

Prolotherapy is the rarest of treatments in that it stimulates the body’s own systems to generate fibers that strengthen the targeted area and reduce or eliminate pain—without side effects.
As the former U.S. Surgeon General, C. Everett Koop explains it, PRP is the name some people use for a type of medical intervention in musculoskeletal (discomfort)……”
Dr. Koop says the treatment is also referred to as Sclerotherapy. “Sclera” is derived from the Greek word “sklera”, meaning hard. Sclerotherapy refers to the same treatment which stimulates a hardening or a proliferation of collagen fibers and involves injections.
As Dr. Koop is aware, many physicians are not aware of the treatment, although it’s been around since before the turn of the century. He says many in the medical profession are skeptical that such a simple and straight-forward treatment could be so effective against stubborn, difficult ailments.
The therapy consists of injecting a simple, harmless solution such as glucose to the intersection of a ligament with a bone to induce the “rather dramatic therapeutic benefits that follow.”
Another reason is that many insurance companies do not pay for Prolotherapy, Dr. Koop explains, is because their medical advisors don’t understand how it works, and have never practiced it. It seems too “simple a procedure for a very complicated series of musculoskeletal problems which affect huge numbers of patients,” he says. In this sense it is somewhat similiar to it which is the acronym for Platelet Rich Plasma Therapy. All in all, many is the doctor who is not aware of
Platelet Rich Plasma Therapy or PRP, as is the case with prolotherapy, surprisingly. The distinguished doctor himself has been a patient who has experienced the rewarding results of Prolotherapy. He was, in his words, “so remarkably relieved of my chronic disabling pain, I began to use it (in practice as well).”
Dr. Koop’s Personal Experience with Prolotherapy Treatment Yielded “Remarkable”and Long Lasting Results

Often this is better than using various drugs. On that note, if you are in Arlington Virginia I can suggest tuomeylaw.com if you need an attorney who knows Criminal Law, Juvenile Law and of course drug possession offenses in the state of Virginia.
Dr. Koop has been quoted as saying, “When I was 40 years old, I was diagnosed in two separate neurological clinics as having intractable (incurable) pain. My comment was that I was too young to have intractable pain. It was by chance that I learned that Gustav A. Hemwall, M.D., a practitioner in the suburbs of Chicago, was an expert in Prolotherapy. When I asked him if he could cure my pain, he asked me to describe it. When I had done the best that I could, he replied, “There is no such pain. Do you mean a pain” And then he continued to describe my pain much better than I could. When I said, ‘That’s it exactly,’ he said, ‘I can fix you.’”
The doctor’s “intractable pain was not intractable” and he was “remarkably improved to the point where my pain ceased to be a problem.” He adds that far milder recurrences of that pain over the next 20 years were retreated with Prolotherapy yielding “equally beneficial results.

San Bernardino Mountain Bus Crash Injures Two Dozen—One Person Killed

February 21, 2011-According to reports one person was killed and two dozen people were injured in the said motor vehiclecrash.

According to the California Highway Patrol a mid morning bus crash in the San Bernardino ski area injured two dozen and fatally injured one person after a head-on collision on Highway 189.

The bus was from the Light of Love Mission Church in Pasadena and was carrying mostly teens that were returning from a retreat at the Pinecrest Christian Conference Center.

Monday at approximately 11:50 a.m. the church bus struck a Nissan Murano belonging to the San Bernardino County Fire Department, causing the bus to slide down an embankment about 20 feet striking a large tree and a power pole.

One person was fatally injured in the crash and at least ten people sustained major injuries and the rest of the two dozen passengers sustained minor and moderate injuries in the bus crash.

According to Cal Fire spokesman Bill Peters there were a number of passengers with broken bones, scrapes and bruises. Most of the injured victims were transported to St. Bernardino Medical Center and Arrowhead Regional Medical Center. Peters stated that at least two of them were airlifted to medical facilities. Two people in the Nissan were injured and transported to the hospital with minor to moderate injuries.

Two Toyotas Crash—One Person Injured

February 7, 2011 -According to news reports two Toyotas collided Monday Morning injuring one person.

According to authorities it occurred on Jamboree Road in Irvine not far from Pacific Coast highway and the Newport beach area overall, in the general vicinity of the Walnut Avenue overpass at approximately 6:43 a.m. with Orange County Firefighters responding to the scene.

The motor vehicle collision in question involved a silver Toyota Camry and a green Toyota Tacoma truck. They reportedly struck the center divider during the collision injuring one person that was transported to the hospital. The injuries sustained were not released at this time. All in all, this crash underscores just how careful we have to be while driving on the roads and streets of the Golden State of California and especially SoCal.

Divorce and Generation X

Last night I sat in my friend’s living room here in Milwaukee and listened to her rail against joint custody arrangements. Although she has no children, she has strong opinions and health concerns about shuttling kids between households. She said she’s always thought it must be terrible for kids to be dragged back and forth, with no one, permanent home.
I thought about an article I saw last month in the Saturday Essay column of the Wall Street Journal, posted July 9, 2011, under the title, “The Divorce Generation,” by Susan Gregory Thomas.
Thomas says that each generation has its defining moment, and for Generation X-ers, it’s “When did your parents get divorced?”
Thomas wrote an exceedingly eloquent memoir called, “In Spite of Everything.
I can really relate to her description of growing up as a latch-key kid. I read and re-read her poetic passages about her suburb being littered with, “sad-eyed, bruised nomads, who wandered (around between the two)….”
My childhood as a baby-boomer was similar, in that I was a neglected latchkey kid in the drug-ridden, Vietnam nightmare quagmire-haunted, generation. I was lucky that my parents stayed together, and that stability made all the difference in my health and overall care.
Thomas says now, according to U.S. Census data published last May, almost eight percent of couples who married since 1990 have reached their 10-year anniversaries, and they are marrying later in life—if at all; the average marrying age in 1950 was 23 for men and 20 for women; in 2009, it was 28 for men and 26 for women. Here in Milwaukee this has really been a huge issue overall and will probably continue to be as well on the whole. Make sure to get health insurance if not though.

Woman Files Lawsuit against Los Angeles Player for Alleged Marina del Assault

Author:  Michel Ehline, ESQ. This is an interesting read. The woman, who remains unidentified, filed a lawsuit against Los Angeles Lakers player Devin Ebanks. The woman claims that Ebanks sexually assaulted her, even though the District Attorney’s Office found there was insufficient evidence to prosecute the player.

Jane DOE Sues

The Los Angeles Lakers player is 23 years old and was the 43rd overall pick in the 2010 NBA draft. The woman filed the lawsuit as Jane Doe, in the Los Angeles Superior Court, which alleges sexual assault, assault, battery, intentional infliction of emotional distress and defamation.

Jane Doe’s lawsuit alleges the assault took place, after the two met at The Colony nightclub, in Hollywood on September 13, 2011. The woman claims she agreed to go to the NBA players apartment in Marina del Rey, on the condition that they would not have sex. The suit claims that the two began kissing, with Ebanks beginning to take off her shorts and underwear, when she objected and told him to stop. The lawsuit states that Ebanks became sexually aggressive, after getting a condom and stated “what’s the big deal, it’s just sex.” The NBA player said “I’m on the Lakers.”

Allegations of False Information

It is also alleged by the woman in her lawsuit that Ebanks published false information about her on his Twitter account. The Twitter posts suggest the woman made up the rape allegations against him. In December of 2011, the prosecutor’s office determined they would not prosecute Ebanks, due to lack of corroborating evidence.

Sources:

http://marinadelrey.patch.com/articles/woman-suing-l-a-lakers-player-for-alleged-sexual-assault-in-marina-del-rey