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Daniel Cappetta
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This is why every American should bow down and give thanks to the ACLU. Imagine the absolute derangement and arrogance required for NEMLEC to claim they are a private corporation exempt from public records laws. They operate SWAT teams that can raid your home, destroy your property, and even kill you in the name of the government, but try to get even the most basic piece of information about them and they claim to be a private corporation.

It is absolutely disgusting.

Thankfully the ACLU is suing them for this absurd position. Of course the ACLU will win this, it is disgusting NEMLEC is even trying to hide behind this cowardly tactic.

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Great +Scott Greenfield post on why winning on an appeal may not always feel so much like a "win" to a defendant.



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Absolutely huge decision by the Massachusetts Supreme Judicial Court this week.  Commonwealth v. Cole has eliminated Community Parole Supervision For Life.  With one decision the entire law and system has been struck down.  I've long complained this statute was unconstitutional, even back when I was an Assistant District Attorney.  

It is always good to see the SJC right a wrong, even if it is several years after the law was imposed.  The SJC also gave pretty specific directions to the legislature for changes to the law that could make it constitutional, I anticipate we will see some legislation soon to make those changes.

The blog post gives my take on the decision and the reasoning that was long overdue on this law.

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Oh Florida, You so crazy.

Anybody on here familiar with this judge?

Seems like a real professional guy.  

You have to think his days on the bench are numbered.  You really can't say "I'll beat your ass" from the bench and expect to keep your job right?

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Once again video saves the day. If video hadnt caltured what happened here the system would have believed the officers karate chop nonsense.

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Unfortunately the MA Supreme Judicial Court issued a disappointing opinion recently, deciding that our law changing the age of juveniles does not apply to those who were facing charges at the time the legislation was signed.

In this blog post I break down the decision and why this new law will not be retroactive, like some of the other recent reforms.

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It is amazing the reign of terror by de facto medical examiner Stephen Hayne in Mississippi is not a bigger news story. +Radley Balko does a great job keeping the story alive with his frequent updates.

This latest case he explores is yet another example of the backwards system at work in Mississippi.

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+Radley Balko has an interesting post up on an arrest out of Massachusetts. Balko thinks this arrest will eventually be ruled unconstitutional by the first circuit, and he may be right, but it's also worth noting that the current state of the law in Massachusetts makes this wiretapping charge perfectly legal. As far as a civil suit goes it will be very hard to demonstrate these officers were violating a well established right. The most recent case on point in Massachusetts is Commonwealth v. Hyde http://caselaw.findlaw.com/ma-supreme-judicial-court/1330122.html

In this case our state Supreme Court made it clear it is still illegal to secretly record the police. It is a 2001 case and there is no intervening state case that suggests it may be bad law. I hope as Radley does that this will be overturned by the first circuit and as citizens we do have a federal constitutional right to always record government officials in the course of their duties whether they know it or not. I think everyone working for the government would behave a little better if they knew their was always a chance they were being recorded.

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+Denise Dolan shares a great article about a guy in NH with an unusual vanity plate.  Funny how thinned skinned police officers can be about things like this.  Plus anyone with experience in the system knows that cops lie all the time, just like all other people.  The idea that a badge makes than more honest than the rest of humanity is outright laughable.
Funny that the comment section in this “leading destination for Law Enforcement professionals” confirms that “COPSLIE,” with many of the commenting officers saying that they would cite, arrest, and even physically harm this man for nothing more than having this vanity plate.

http://www.policeone.com/investigations/articles/7161441-NH-court-upholds-COPSLIE-vanity-plate/

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Worth noting today, that everything that is wrong with out justice system in the USA, at least as lawyers we generally don't have to fear for our physical safety when we represent unpopular clients.  My thoughts are with the family of this brave man, who died for no reason other than trying to do an honorable job in a country gone mad.
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