51 Inmates and Officers Indicted in Georgia Cellphone Scam

mwiltshire Criminal Law Blog, PDW In The News

Dozens of past and current corrections officers and prisoners have been charged with smuggling cell phones into the prison to extort and rob civilians on the outside, who believed that they had been in trouble for not reporting to jury duty. In an NBC News Investigation, reporters looked at the soaring number of phones in prison and how they had the potential for uses in extortion and fraud. Between 2014 to 2015, Georgia prison authorities had seized over 23,500 cellphones. Many of the phones found …

Lottery Winner Shot and Killed During Home Invasion

mwiltshire Criminal Law Blog, PDW In The News

Police in Georgia are seeking three armed men who shot and killed a man during a home invasion. Friends and family have said that the criminals targeted Craigory Burch Jr., 20, a resident of Fitzgerald, Georgia, because of his recent winning of the lottery. Jasmine Hendricks, Craigory’s girlfriend, said that the suspects blew the door open with a shotgun blast. When the three masked men entered, Burch was heard saying, “Don’t do it bro. Don’t do it in front of my kids.” When Burch handed …

Georgia Doctor Arrested After 36 Patients Die

mwiltshire Criminal Law Blog, PDW In The News

Arrested after 36 patients died, Narendra Nagareddy had been handcuffed and held at his office, following a raid from DEA agents. Around 12 of the 36 patients died from an overdose. Almost 40 federal and local agents raided his Jonesboro office as they seized even more assets at his home. As a psychiatrist of Jonesboro, Nagareddy has been over prescribing benzodiazepine and opiates for the last several years, which has led to multiple overdoses and deaths. People have come to Nagareddy for help, but instead …

11 Children Held Hostage at an Atlanta Hotel

mwiltshire Criminal Law Blog, PDW In The News

In a standoff that took place in a motel with 11 children, the incident ended when the perpetrator stabbed himself in the neck, but he did not injure anyone else. The police brought the suspect to the hospital, and everyone in the case was safe other than the perpetrator. Police Major Tonya Dedrick of DeKalb County said that two adults and 11 children were inside when the incident started at 2 am. The man carried a knife. He refused to allow the 11 children and …

Judge refuses to block Black Lives Matter protest at Mall of America

mdaniel Business Law Blog

Should a mall be treated as public property or private property for free speech?  Recently a Minnesota Judge denied an injunction against a black lives matter rally at the Mall of America on jurisdictional grounds.  Georgia addressed this issue in 1999 holding that the Georgia Constitution does not create a constitutional right to access to private property.  Cahill v. Cobb Place. – Michael C. Daniel. POSTED DEC 23, 2015 07:28 AM CST  BY DEBRA CASSENS WEISS A Minnesota judge has refused to block a Mall of America …

Atlanta Socialite Targeted for Third Time in Month in Home Invasion

mwiltshire Criminal Law Blog, PDW In The News

An Atlanta socialite has narrowly escaped yet another home invasion attempt. It occurred as the third incident in less than 30 days. A security guard scared off suspects who dropped bags containing pepper spray, duct tape, rubber gloves and a gun. Danielle Rollins, the heir of Rollins Inc., a $6 billion parent company to Orkin, is a popular lifestyle writer of magazines. She has been left terrified since the incident, but she says that she will not let robbers scare her from her home. Luckily, …

Taylor Swift to 1989: “You Belong With Me” (as a Trademark)

mdaniel Business Law Blog

Can a person trademark a year?  Taylor Swift is attempting to gain trademark protection on “1989.”  Though the mark would have protection in limited circumstances, Swift’s attempt at trademark protection raise questions about the government interfering with the public’s freedom of commercial communication.  – Michael C. Daniel By: Lisa Shuchman, Corporate Counsel December 21, 2015 Taylor Swift has made a mark on the world with her music, but she’s also making waves with her trademarks. The pop megastar has been on a trademarking tear, most recently applying for protection for …

Reverse Discrimination Suit Filed Against FAA, Hiring Fallout Continues

mdaniel Business Law Blog

    In Grutter v. Bollinger (University of Michigan Law School Case) the Supreme Court allowed the School to give greater weight to  factors other than testing. on an individual basis, to increase diversity.  This is yet another example of institutions moving away from testing and performance measurements.   – Michael C. Daniel. By Adam Shapiro Published December 30, 2015 A lawsuit filed this morning in Arizona federal district court seeks class action status to represent thousands of men and women who claim the Federal Aviation Administration …

On #OregonUnderAttack and #YallQaeda: Stop Calling Everyone a Terrorist

mwiltshire Criminal Law Blog, PDW In The News

Labelling everything as “terrorism” only serves to harm any meaningful effort to solve the terrorism problem. Nothing an overbearing government likes more than categorizing opposition as “other” and “extreme”. Demonizing the citizens trying to convert them to subjects is an a favorite page in the statist play book. -Mo Wiltshire A self-proclaimed militia group led by members of the Cliven Bundy family has occupied a federal outpost in the Melheur National Wildlife Refuge and vowed to stay put until their demands are met. As Ed …

Naked escorts chase gunmen through Buckhead hotel

mwiltshire Criminal Law Blog, PDW In The News

An unusual and entertaining New Year’s caper. We can only speculate about whether perhaps this was an effort further than mere theft of services from these ladies? -Mo Wiltshire ATLANTA — A bizarre turn of events ended with two naked escorts chasing gunmen through a Buckhead hotel Saturday. 11Alive has learned that the men posed as potential clients and one of the men talked prices with the women for about 10 minutes inside their hotel room. He was on his way out of the room …

Woman beats DUI charge after proving her body is a brewery

mwiltshire Criminal Law Blog, PDW In The News

I’ve been dealing with DUI issues and helping people face them for a long time and I have never seen a case like this. -Mo Wiltshire Somewhere driving around New York is a woman whose body is a brewery. A drunk-driving charge against the woman was dismissed by the courts after doctors proved she suffers from a rare condition called “auto-brewery syndrome,” The Guardian reports. The woman in question was pulled over in August, 2014, for erratic driving and showed to have a blood-alcohol level …

Athens musician David Lowery files $150 million lawsuit against Spotify

mdaniel Business Law Blog, PDW In The News

People in the music industry tell me the landscape has change dramatically with the advent of streaming music.  Tracking play of songs and royalties has become very difficult.  It looks like Mr. Lowery is contending that Spotify has failed to properly account for the streaming of his music. – Michael C. Daniel   By HILARY BUTSCHEK published Tuesday, December 29, 2015 David Lowery, a University of Georgia lecturer and Athens musician, filed a $150 million class action lawsuit against the music streaming service Spotify on Monday. …

Oregon bakery owners pay more than $135G in damages over refusal to make cake for gay wedding

mdaniel Business Law Blog

Law involves a constant struggle between competing rights. Most discrimination laws define an employer as having a minimum number of employees to afford small businesses freedom to choose and manage their employees. However, the definition of public accommodation is very broad to include all business, except for private clubs. The Oregon law covers all employers. This is the classic conflict of a store owner’s freedom to run his store the way he wants versus the State’s efforts to provide the right of public accommodations, regardless …

Justin Ross Harris: What is Known About the Hot Car Death

mwiltshire PDW In The News

Justin Ross Harris, 33, a father who allegedly left his son in a hot car to die, has once more appeared in court. The prosecutors of the case have alleged that Harris purposely left his almost two-year-old son strapped into his car seat in June of 2014. Before this, he took him for breakfast to Chick-fil-A. Later, Harris told investigators of criminal law that he did not realize Cooper stayed locked inside the vehicle while he went to work. Cooper died as a result of …

Court Revives Former Metlife Executive’s Age Bias Claim

mdaniel Business Law Blog

The Eleventh Circuit ruled that a substantially younger replacement can be a member of the protected group.  The ADEA protects individuals over the age of 40.  In this case the Court ruled that when promoting a 42 year old to replace the 49 year old claimant, the company hired a substantially younger employee.  The Court held: “The fact that one person in the protected class has lost out to another person in the protected class is … irrelevant, so long as he has lost out …

England Seems to Think Snooping to Stop ‘Cyberbulling’ Is Actually a Selling Point

mwiltshire Criminal Law Blog, PDW In The News

Surely J.K. Rowling’s Ministry of Magic is at work here…Dolores Umbrage anyone? -Mo Wiltshire I suppose we should give the Brits points for honesty, maybe? In America, authorities have insisted that federal surveillance of Americans was solely for the purpose of stopping potential terror threats. It’s a complete lie, we’ve come to realize. Federal and local law enforcement officials have been using various tracking and surveillance tools for the purpose of domestic crime-fighting and have been keeping it a secret from courts and defendants to …

Do you Need to Register your Drone?

mdaniel Business Law Blog

Drones can be used for many legitimate purposes, such as an appraiser photography farms and other large tracks of land.  However, they have been used for illicit purposes such as peeping Tom activities.  The popularity of drones is growing, so anticipate a new body of law to arise addressing the conflict between the rights of drone owners and the rights of property owners – Michael C. Daniel. By the Federal Aviation Administration. Effective December 21, 2015, anyone who owns a small unmanned aircraft of a …

French police detain woman with fake pregnant belly ‘intended to hide bomb’

mwiltshire Criminal Law Blog, PDW In The News

“I am wondering what is the legitimate reason to be offered by a 25 year old recent convert to islam for using this type of tin foil shielded fake pregnant belly? What lawful purpose would one have in mind when wrapping your fake belly with tin foil? There are too many people way too committed who will go to any length so that they can carry through with a plan seeking to blow up innocent people. Appeasement of these people is not an option in …

Asian-American band “The Slants” overturns USPTO rule on “disparaging” trademarks

mdaniel Business Law Blog

Do we want the government policing whether language is offensive?  “If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.” George Washington.  The case raises an interesting question regarding the government giving exclusive use of speech to a party, and the constitutional prohibition against restricting speech.  What do you think? – Michael C. Daniel by Joe Mullin – Dec 23, 2015 3:45pm EST An Asian-American rock band called The Slants has taken a legal fight over its …

Georgia police officers need more lethal force training, agency head says

mwiltshire Criminal Law Blog, PDW In The News

Clearly, more training is in order as police struggle with these life and death decisions. In these high pressure-high stakes encounters we want to be sure officers have the best chance to make the tough decisions they face correctly. -Mo Wiltshire The head of the agency that trains and disciplines Georgia law enforcement officers says the state needs to improve officer training following an Atlanta Journal-Constitution/Channel 2 Action News investigation exposed questions about deadly police shootings. “It puts in our face those raw hard numbers …

Federal judge rejects plan for Georgia’s mental hospitals

mdaniel PDW In The News

Mental Health in this nation is neglected on many levels.  When one considers that a sizable percentage of our current mental health patients are military veterans who have served to protect our liberty,  it is critical that our system is operated in an efficient, effective and fair manner. – Michael C. Daniel. A federal judge on Wednesday rejected Georgia’s plan to fix its troubled psychiatric hospitals, as U.S. officials detailed continuing deficiencies that have resulted in suicide, rape and even murder. The ruling by U.S. District Judge …

New Study: The Main Thing Making College Crazy Expensive Is Student Loans

mwiltshire PDW In The News

A new paper from the National Bureau of Economic Research found yet more evidence for the notion that skyrocketing college tuition costs are the result of all-too-generous student loan policies. The study, authored by Grey Gordon and Aaron Hedlund, used a computer model to measure the effects of various economic forces on college costs. According to the model, no factor had more to do with rising tuition prices than loan subsidies. “Looking at individual factors, we find that expansions in borrowing limits drive 40% of …

Nine Indicted on Charges of Operating an Illegal Personal Care Home

mwiltshire PDW In The News

Nine different people stand accused of operating unlicensed personal care homes for physically and mentally disabled adults out of Gwinnett County. After they had spent two weeks in jail, the judge granted them bail. The prosecutor of the case has said that the group faces a 53-count indictment and more charges will soon be filed. Authorities of criminal law arrested a group of family members on December 2, 2015, after they raided dozens of personal care homes in the Loganville and Snellville areas. this took …

Dutch Museum Renames Historic Paintings With More Politically Correct Names

mwiltshire PDW In The News

Those concerned about a growing illiberal and ahistorical streak on the American left can take comfort (or pity) in knowing that it’s not just us. In Amsterdam, for one, an iconic European art museum has begun renaming historic works whose titles or descriptions might be offensive to modern audiences. Hence, Simon Maris’ early 1900s painting, “Young Negro Girl,” has been rechristened “A Young Girl Holding a Fan.” A boy described as a “negro servant” in a 1668 portrait of Margaret of Raephorst is now a …

As police we should concentrate on hiring people whom we identify as being empathetic, compassionate people who possess superb interpersonal skills

mwiltshire PDW In The News

Every time I turn on the news or pick up a newspaper, there is inevitably a story that deals with race relations in the United States, especially the relationship between law enforcement and the minority community. Much of the conversation centers on the actual demographic makeup of police departments as sociologists, criminologists, psychologists, statisticians, and a multitude of other professionals pick apart data on officers’ race and ethnicity down to a minuscule percentile. Others have then weighed in on the importance of having police officers …

High School Football player dies shielding girls from gunfire

mwiltshire PDW In The News

KNOXVILLE, Tenn. (AP) — A high school football player was killed as he shielded three girls from gunfire as several men went on a shooting spree in Tennessee, police said Friday. The shootings that killed Zaevion Dobson, 15, began Thursday night, said Knoxville Police Chief David Rausch. The first person shot was Lisa Perry, 46, who was inside her apartment at the time. She is expected to survive. Rausch said Perry’s 23-year-old son, Brandon Perry, and several other men then drove to the neighborhood where …

Supreme Court to review blood-test requirement for DWI cases

mwiltshire PDW In The News

The U.S. Supreme Court said Friday it will review state laws that make it a crime to refuse to take a blood alcohol test if the officer does not have a warrant and will review a challenge to the federal government’s ability to define wetlands. The court took cases from North Dakota and Minnesota to consider whether laws that criminalize the refusal to take a test are constitutional. Those are among 13 — including Virginia — in the country with such a requirement. The challengers …

Refugee convicted of terrorism in federal court trial

mwiltshire PDW In The News

The jury found 33-year-old Fazliddin Kurbanov guilty of three counts that included conspiracy and attempting to support a terrorist organization, but acquitted him of two additional counts. BOISE, Idaho — A federal jury in Idaho has convicted an Uzbek refugee of three terrorism-related charges after prosecutors said he worked to support a terrorist organization and gathered explosive materials in his Boise apartment. Fazliddin Kurbanov, a Russian-speaking truck driver who fled Uzbekistan in 2009, was arrested two years ago by federal authorities who said he was …

School banned a seventh-grader from wearing his Star Wars t-shirt to class – because “guns”.

mwiltshire PDW In The News

Someone should explain to the school that this is all make believe. Make believe bad guys, make believe blasters, etc. How long before books that mention firearms are banned from schools? -Mo Wiltshire Guns are a hot issue in the US right now, given a recent spate of deadly mass shootings. At the same time, Americans of all ages are eagerly awaiting the Dec. 18 opening of a movie loaded with futuristic weapons and gunfights: Star Wars: The Force Awakens. These two nationwide themes clashed …

Atlanta Man Dies After He Jumps from Balcony to Escape Home Invaders

mwiltshire PDW In The News

The police of Atlanta are seeking three men who caused a 51-year-old man, Jose Greer, to leap from his 30 foot apartment and die. The spokesperson for the Atlanta police department told the media that Greer had dialed 911 to tell the police that criminals were attempting to break in. He did this before jumping and landing on the hard concrete below. Investigators of criminal law believe that Greer had jumped out of fear for his life. Surveillance footage shows the men leaving the apartment …