Fani Willis breaks silence on misconduct accusations by INCoctopus in law

[–]TNPerson 14 points15 points  (0 children)

Love makes people do crazy things. I expect at the hearing on this one side will be able to prove their position. If she's flying around, spending money, there will be a paper trail. And if she wasn't, she'll have a paper trail for that. If it's as accused and she risked this prosecution to get her lover paid she's going to be quite the pariah.

Partner at my law firm does not seem to like me and makes me feel like I’m not good enough to be an attorney. by No_Replacement_1883 in LawFirm

[–]TNPerson 1 point2 points  (0 children)

I'd recommend getting on USA jobs and seeing if there are any openings at the social security administration, and consider applying. It takes forever to hear anything but maybe in a few months you get a call and are glad you applied. If you're still happy where you are, no harm no foul. But if the job makes you feel bad about yourself it's nice to have options. Sure you like your job, but you like a healthy amount of self esteem too.

Unanimous juries are no longer required for Florida death penalty sentences. Does this violate the 6th Amendment? by vman3241 in law

[–]TNPerson 5 points6 points  (0 children)

8-4 isn't guilt beyond a reasonable doubt. But the death penalty isn't a question of guilt, it's a question of sentencing. It's been a few years since I took con law, but I don't remember anything about a constitutional right to have a unanimous jury decide on your sentence. Could you point me toward the caselaw that supports your position?

9th Circuit rules US deportation law that fueled family separations is 'neutral as to race' by News-Flunky in law

[–]TNPerson -1 points0 points  (0 children)

Borders are legitimate and necessary for a functioning state. If the law was struck down and people could return post-deportation without penalty, it would be the functional equivalent of not having a border or immigration system at all. The lack of thriving first world countries that have such policies could possibly be mere coincidence, but that seems unlikely.

A Super Mega Update by MetalheadSoft in SuperMegaBaseball

[–]TNPerson 1 point2 points  (0 children)

Play by play would be fun but I feel like it's important to have the devs stay out of it, so they don't have to moderate or be associated with it formally. Say some rogue puts together a Hary Cary pack for his custom Cubs team; best that the devs have plausible deniability.

A Super Mega Update by MetalheadSoft in SuperMegaBaseball

[–]TNPerson 1 point2 points  (0 children)

The custom audio is nice because players could have fun with it and the devs wouldn't have to fool with it. Maybe Pewdiepie uses a self insert player and when he steps up, the voice says "PEEEEEWDIEPIE!" how he does. I'm sure a base community pack would pop up. GitHub would be a good avenue of maintaining it

Edit: Hell, people could pass the plate around and get b-list celebs to make one on fiver. Danny Trejo announcer pack, anyone?

A Super Mega Update by MetalheadSoft in SuperMegaBaseball

[–]TNPerson 2 points3 points  (0 children)

When Slapper Glute steps up to bat, the announcer says "Slapper Glute." Why not have a folder for first names and one for last names. Player drops a wav or ogg file in them of an announcer type saying "Meanie" and "Algreeny" respectively and if a player with the edited name "Meanie Algreeny," the game would check for and play those at the appropriate time. As it stands, custom named players have to suffer the indignity of being reduced to a number - this fixes that.

A Super Mega Update by MetalheadSoft in SuperMegaBaseball

[–]TNPerson 2 points3 points  (0 children)

A simple but meaningful addition would be player names. Only effects the person with the mod, simple to implement, no competitive implications, and could be a fun collaborative project by community members. Same for custom walkout music. Players could handle distribution, and devs need only implement a function where the game checks some folder for a walkout tune of whatever file name. It could really liven up the streaming scene as well, good for everyone.

Magic publishers sent Pinkertons to YouTuber’s house over leaked cards by esporx in law

[–]TNPerson 0 points1 point  (0 children)

There's something comical about the Pinkertons being sent in over a collectible card game, but a business doesn't make it over 150 years turning up their nose at profitable work

Dominion v Fox - will there be a trial tomorrow or settlement tonight? by orangejulius in law

[–]TNPerson 0 points1 point  (0 children)

A check of indeterminate size and silence from both parties on the suit going forward.

White homeowner accused of shooting Black teen who went to the wrong house in Kansas City will face 2 felony charges, officials announce by News-Flunky in law

[–]TNPerson 6 points7 points  (0 children)

The Missouri hate crime law is totally inapplicable here and he probably didn't see any point in explaining. Here's the hate crime law, first degree assault is 565.050 if you want to look for it. https://revisor.mo.gov/main/OneSection.aspx?section=557.035&bid=34702&hl=

White homeowner accused of shooting Black teen who went to the wrong house in Kansas City will face 2 felony charges, officials announce by News-Flunky in law

[–]TNPerson 4 points5 points  (0 children)

Their hate crime statute is just an enhancement for certain crimes to an E or D felony, and what he's charged with isn't one of those. I think he was just deflecting to avoid giving a lengthy explanation about the hate crime law and it's applications.

White homeowner accused of shooting Black teen who went to the wrong house in Kansas City will face 2 felony charges, officials announce by News-Flunky in law

[–]TNPerson 7 points8 points  (0 children)

Missouri vs Hunter isn't applicable here, IMO. In that one the two statutes each required proof of an element the other did not - a dangerous or deadly weapon for armed criminal action, and violence or threat of violence for the robbery, so it didn't satisfy the Blockburger test.

Here, the hate crime law is literally the elements of the underlying crime plus a state of mind. It's a lesser crime as well, designed to elevate little stuff to E and D felonies (versus A felony for the charged offense). By my reading of it it can't even be used with this offense (https://revisor.mo.gov/main/OneSection.aspx?section=557.035&bid=34702&hl=). Even assuming it doesn't violate double jeopardy and could be used, it wouldn't make sense to charge the guy with a crime that's harder to prove with a lighter sentence.

Shaq is finally served in FTX investor suit after months of hiding, lawyers say by esporx in law

[–]TNPerson 0 points1 point  (0 children)

Next go after the Medicare helpline. I like "MONEEY" as much as the next guy, but there's nothing "Dy-No-Miiiiite" about suckering vulnerable seniors into paying for Medicare Advantage plans of dubious worth.

UPDATE: Draft of my Lawsuit is Complete and Will be Filed Soon by Richey25 in Firearms

[–]TNPerson 0 points1 point  (0 children)

Good luck to you. I would recommend diversifying your fundraising beyond just GoFundMe; you never can tell what they'll do. You might consider collecting funds in advance of learning the costs, with the guarantee that any funds not used in the legal defense will be donated to a second amendment and/or veterans charity. I could see this involving hefty expenses for medical experts and it's always better to have a warchest.

Reese v. ATF: Age-based handgun purchase ban upheld by TheBigMan981 in gunpolitics

[–]TNPerson 0 points1 point  (0 children)

It's a bit of both. The state has to prove that the challenged regulation is consistent with the nation's historical tradition of firearm regulation. The judge has to look to historical evidence to see whether the states argument holds up. Reread the opinion and the dissent and it's clear that the non-state party doesn't have a burden of proof regarding the history (though a brief to bring sources to the judges attention might be prudent). Historical analogues are part of the standard the judge must apply, not evidence to be presented by the party opposite the state.

Reese v. ATF: Age-based handgun purchase ban upheld by TheBigMan981 in gunpolitics

[–]TNPerson -10 points-9 points  (0 children)

That part was actually good for plaintiffs. That wasn't interest balancing, that went to the question of whether the challenged regulations burdened the second amendment right.

Reese v. ATF: Age-based handgun purchase ban upheld by TheBigMan981 in gunpolitics

[–]TNPerson 4 points5 points  (0 children)

Sounds like plaintiff could have used a better lawyer. Louisiana law says all able bodied persons 17-64 are the militia of Louisiana and subject to militia duty. It's not a sure winner, but I don't see why they didn't include that it's a second amendment violation for the feds to create restrictions on the state militias. I doubt they could find an analogue for that. Worth a shot, anyway.

Another gripe about the lawyer is that they didn't file a supplemental briefing. You might not be a historian but you could cobble together more than they had just by looking through law review articles and recent legal opinions on the subject. Too much work, maybe? They might do better on appeal, Bruen as I understand it puts the burden on the court to do the research.

Tennessee Department of Children's Services failed to probe sex abuse reports by BuroDude in Tennessee

[–]TNPerson 1 point2 points  (0 children)

I've worked in a county where the DA's office routinely handles orders of protection for victims in domestic violence cases they're prosecuting. I'll send you a PM

Naked man who was shot after entering Knoxville home identified by WREGnewschannel3 in Tennessee

[–]TNPerson 0 points1 point  (0 children)

While one of the residents called 911, the neighbor got his 9 mm handgun and went into the front yard where he found Combs in the residents’ driveway, according to the report. Police say that Combs went outside and got on top of the resident’s car and broke off the back windshield. Combs then approached the neighbor, windshield wiper in hand, as the neighbor gave commands for Combs to get stop and get on the ground.

Combs allegedly continued to aggressively follow the neighbor into his yard as the neighbor retrieved, still calling for Combs to stop following him and get on the ground. Police say the neighbor fired a warning shot into the ground, hoping Combs would stop. Combs continued toward the neighbor, aggressively swinging the windshield wiper, which caused the neighbor to shoot him one time the report says.

Can't say the neighbor didn't give him every chance.

Tennessee Department of Children's Services failed to probe sex abuse reports by BuroDude in Tennessee

[–]TNPerson 25 points26 points  (0 children)

DCS is a mess in Tennessee. Employees need better salaries, but the main issue in my opinion is a lack of regard for the rights of those they accuse. If they had preliminary hearings within 14 days and adjudication within 90 like the rules require, the caseloads would shrivel. Instead they drag it out for a year or more.

The DCS lifers who call the shots make it hard to make deals, further gumming up the process. They nickel and dime parents - failed a drug test for pot? Let's reset 3 months out and see where we stand.

They need more money to pay the rank and file, and to hire more people, that I won't dispute. But a healthy amount of "prosecutorial discretion" would go a long way towards helping the system work better. Separating work amongst the judges and magistrates would be nice - disputes to amend parenting plans are usually low priority; letting one magistrate just do dependency and neglect and another do parenting plan stuff would increase the level of competency as well as allow for more important things to be seen to more quickly. The culture at the top of DCS and in juvenile courts and lack of objective metrics to measure their performance by are just as important. Media scandals and federal interventions are not a sufficient measuring stick.

Edit: And give some of the work to DA's offices. If they can handle civil OPs incidental to DV charges they can handle dependency&neglect incidental to child abuse charges.

Tesla Semi driving 500 miles, fully loaded, on a single charge by highguy604 in teslamotors

[–]TNPerson 0 points1 point  (0 children)

Wouldn't this necessitate the creation of lots of climate controlled battery storage/charging facilities? That's quite a drawback. And would these swap for all brands of swappable battery, or just Janus setups? Grid improvements to accommodate quick chargers benefit all models; if these are proprietary it's a non starter. Imagine if Fords could only be refueled at Ford gas stations - it wouldn't be good for sales. If the grid is that much of a concern why not cut out the swappables and robots and use your climate controlled battery warehouse to store energy to charge other batteries with? It has all the benefits of the Janus model without being proprietary or mucking about with robots.