California Legal and Regulatory News

In Golden State legal and criminal news, Charles C. Lynch, who was the owner of a marijuana dispensary. was sentenced to 1 year behind bars. All in all, Federal Judge George H. Wu talked a great deal to the defendent prior to his sentencing and lowered the normal mandatory 5 year sentence, yet stated that he could actually find no way around sending him off to the slammer. He also reiterated that the changed federal policy did not directly alter his decision. This man may have benefited from a superior criminal defense attorney, in my opinion. As it stands now, he was convicted last year for selling of medical marijuana from his dispensary to customers under the age of 21. By the way if you require a good Los Angeles criminal defense attorney then may I suggest Ramiro Luis. He is one of the best in that area available. Thomas P. O’Brien, who is the US District attorney for the Central District of California, stated that Lynch had violated the state laws, because he was not the customer’s main caregiver. He went on to state that Lynch provided no medical services other than the sale of marijuana. There are over one hundred marijuana dispensaries, most being in California that have been raided since the 1996 passing of Proposition 215 that allows medical marijuana. There are now about twelve or so dispensary owners that have received prison sentences and about 25 federal cases pending.

In some tragic headline news coming out of the San Diego region, according to several local sources a knife attack which went down at a gas station concerning a pair of men who were, sadly, stabbed, has concluded with the detention of an eighteen-year-old suspect. These specific attacks were reported at 7:30 p.m. or so at the service station right near Jamacha Road and Fury Lane. Wow, just when you thought it was safe to go pump some gas again. 

When the authorities responded to the crime scene there, they found a twenty-one and twenty-two year old male who were both stabbed. According to local police, the motive behind the attacks was not as of yet known. The officers at the scene of the crime found an eighteen-year-old suspect, and he was arrested right away and taken to the police station. He was then booked on some extremely severe criminal charges and could spend a very long time in prison if he is convicted.  Of course, all defendents are assumed to be innocent unless they are actually convicted of a crime, and he has not been yet.

All told,  the authorities involved in this violent case pointed it out that one of the victims was wounded in the left shoulder, while the other one was wounded in the left leg. Both victims were treated at the scene of the attack by emergency personnel from the San Miguel Fire Protection District. After being treated at the scene the men were transported to separate San Diego hospitals. By the way if you happen to live in San Diego or elsewhere in the Southern California area and you need a superb san diego tumescent liposuction surgeon I would like to suggest the more than competent practice of Susan Kaweski, MD,FACS. All in all, their awesome reputation which precedes them basically means they have enhanced or improved the appearance of thousands of San Diego-area residents, and can help you as well. They are simple some of the best San Diego tumescent liposuction  surgeons working in Southern California, in my humble opinion. You may also call them to recieve and estimate and consultation.

Just got back from Los Angeles: More weird u-turns in the San Francisco policeman murder case that was reported on earlier: a woman who is suspected in the 1988 murder of a San Francisco police officer has been released from prison in Florida and turned over to ICE custody. The woman has been identified as one Catherine Kuntz. She is age 44 and is also a Scottish citizen, according to the reports.
Kuntz is suspected of the murder of a San Francisco police officer and Concord resident Lester Garnier. All told, officer Garnier was found in a parking lot of the Ross Clothing Store chain, having apparently died from recieving gun shot wounds. By the way, the authorities are seeking the public’s help in obtaining additional information on the case. So far one witness has told them after the gun fire that they saw a woman get out of the car he was driving.
The gun that shot the fatal shots which killed Garnier in this appalling murder case has been identified as an AMT semiautomatic pistol. This information was obtained from a report directly from the Walnut Creek Police Department.
Kuntz, who was living in the area at the time has a long and sordid criminal history of prostitution and drugs, and one of her finger prints was found on Garnier’s car. All in all, the San Francisco Police department has expended six years investigating why the fingerprint in question was found on the car and how she is actually involved in the crime. Could this be an accident in the lethal personal injury?

By the way, it should be noted that at this particular point in time the police department has not announced an actual direct connection per say between Kuntz and Garnier’s murder and with her in the custody of the Immigration and Customs Enforcement it will be determined if she is eligible for deportation. It seems to me that this criminal case has some eerie similiarities with this odd crime case as some of the elements of each seem to dovetail. You need a Los Angeles personal injury attorney then this accident lawyer may be for you.
Some of the other charges that Kuntz has faced have been a one year sentence for cocaine possession, which was the most recent of all the charges against her. In addition to this, she was tried in Virginia for attempted murder and arranging the murder of Gregory Kuntz, her husband. A real black widow, this one. However, in a rather bizarre twist on an otherwise strange case, Kuntz was acquitted after her husband testified in her defense. Why he did so was a mystery, but he may not have been aware of all the facts. maybe she promised to cancel the contract that was out on his life if he did.

The Unseen Danger of Riding the Train
By Michael Ehline

Each day thousands of people ride the train to work and for various reasons from the ease of transportation without dealing with city traffic, the savings of having one car that needs upkeep, insurance and gasoline in today’s high fuel market at the gas pumps. There is also connivance of not having to look for or pay for parking, so it is connivance along with saving money that have many people on the train five or six days a week. But the unseen dangers of riding the train are real and present at all times.

While driving a vehicle in the city can be dangerous and accidents occur several times a day on the streets, freeways and highways of Van Nuys. These same people do not realize the dangers that can be waiting for them any day of the week on the train.

Dangers can lurk anywhere from the train station to the train itself, when walking in the train station there are often wet floors that have recently been mopped that can be a hazard where a slip and fall injury can occur. There is the fact that once on the train the rider has no protection such as seatbelts in case the train comes to a halt quickly or if there is an accident of any type. The train is often crowded and this means that there are more possibilities of injury due to standing on the train, more people crowded while waiting for the train to board it leaves the possibility of being push, shoved and otherwise maneuvered where injuries are possible.

The unseen dangers of riding the trains are all around in Van Nuys, Marina del Rey, San Dieo and Los Angeles Counties, and with each ride it could end in severe injuries and when it does there will be medical bills, lost time from work and the passenger train rider and victim hit by the train needs to be compensated. This is why there are Los Angeles train accident attorneys that specialize in train accidents and know how to prepare a case that will bring the settlement the train injury victim deserves.

The types of injuries that can occur during an accident on a train are lacerations, cuts, scrapes, broken bones, back injuries, head injuries, spinal cord and brain injuries, and even worse at there are hundred of deaths associated with train accidents.

One problem with riding the train is that the train rider has no control and this means when an accident is going to occur there is no time to be prepared for the impact.

The experienced Los Angeles train accident attorneys typically are Los Angeles accident attorneys who understand there might be multiple injuries like brain injuries and anatomy and wrongful death when a person is involved in a train accident no matter how minor the accident is because they have no real protection. This attorney will also know the laws that are specific with trains as they are a form of public transportation so they have different laws that govern them than the laws that cover other traffic accidents.

Article Source: http://EzineArticles.com/?expert=Michael_Ehline
http://EzineArticles.com/?The-Unseen-Danger-of-Riding-the-Train&id=1242753

Learn more: Address 633 W. Fifth St., 28th Fl. Los Angeles, CA 90071; 1875 Century Park East Suite 700 Los Angeles, CA 90067; 14003 Palawan Way Marina del Rey, CA 90292; 620 Newport Center Drive Newport Beach, CA 92660. Phone 888-400-9721.

Visitors from the United States in general and California in particular are becoming increasingly reluctant to visit Mexico’s Baja California peninsula, especially without a secure hotel room. The Reuters online news network has reported that weddings have been canceled. Lobster houses are nearly empty on the normally well traveled New Year’s weekend.
While the Mexican Government has reportedly been handing out maps of trails for immigrants to enter the U.S. illegally, it is somewhat ironic that many Americans are deliberately avoiding mexico.
Americans have long tolerated shakedowns by law enforcement authorities south of the border who all too routinely supplement their income by pulling over drivers for supposed traffic violations, and visitors have long realized that some sections of Baja California are a hotbed of narcotic-driven violence. Yet a number of assaults in the last few months by masked and armed bandits,
a few of which have been using flashing lights in order to look like the police, seems to symbolize a whole new low which has scared even veteran visitors.

Lori Hoffman, for example, who happens to be a San Diego nurse, stated that she was sexually assaulted on October 23 by 2 masked men right in front of her boyfriend, San Diego Surfing Academy owner Pat Weber, who was forced to kneel at gunpoint for some forty five long minutes while they raped her. They were at a campground with at least thirty tents, about two hundred miles or so south of the California border.

The masked Mexican men shot out windows of their trailer and forced their way inside, ransacked the cupboards and left with about $7,000 worth of merchandise such as computers, video equipment and even a guitar.

Weber, who has taught dozens of students in Mexico over the last ten years, will not be returning. “No more Mexico,” stated Lori Hoffman, who reported the attack to the Mexican authorities. perhaps not surprisingly, there have been no arrests.

News of these horrible assaults on U.S. tourists has begun to overwhelm this appeal, especially in the northern region of Baja California, which is a haven for lawless narcotic gangs. The relatively isolated southern tip of Baja, meanwhile, with several popular resourts, remains safer, relatively speaking and is still quite popular with many celebrities, anglers and visitors fromother countries as well.

Local media and also various surfing sites which promoted Baja California previously have reported a number of horrific crimes which U.S. and Mexican officials alike consider to be credible. Some Longtime visitors are especially wary of a toll road near the border which runs through Playas de Rosarito, also known as Rosarito Beach.

At the end of November, for example, as they returned from the Baja 1000 off-road race, a San Diego family was pulled over on the toll road by a vehicle with flashing lights. A number of heavily armed men then held the whole family hostage for some 2 hours. They finally released them but stole their vehicle, leaving them stranded and in shock.

Before dawn on Aug. 31, three surfers were carjacked on the same stretch of highway. Gunmen pulled them over in a car with flashing lights, forced them out of their vehicles and ordered one to kneel. They took the trucks and left the surfers.

Aqua Adventures of San Diego scrapped its annual three-day kayak trip to scout for whales in January, ending a run of about 10 years. Customers had already been complaining about longer waits to return to the U.S.; crime gave them another reason to stay away.

 In the meantime,  the State Department has long been prudently warning motorists on Mexico’s border to watch for people following them, though no new warnings have been issued.

In legal and technology related news, an antitrust lawsuit has been filed in California on December 31 charging Apple with monopolistic behavior in the digital music market. While the case looks weak, it also draws attention to some questionable Apple policies)
The superb writer David Zeiler of the ‘Baltimore Sun’ online newspaper brought up some excellent points and made some very interesting observations when he discussed
the iTunes-iPod lawsuit on his bog recently. he is an expert regarding th Apple Corporation (and also, it seems a critic of it. But his journalism is always excellent
and thought provoking at the same time. Of course we all know by now that the legal suit in question claims that the Apple Corporation has used it’s powerful position in the digital music market heirarchy to shut down it’s competitors in a number of different ways.
 One way is the iPod’s withdrawal of support concerning Microsoft’s Windows Media Audio format, in contrast to most other digital music players and online download stores.
All in all, this antitrust lawsuit filed in California appears rather weak on the surface to some insiders and experts, but it also has the effect of drawing critical attention to certain Apple corporate policies.
One way that the technology giant allegedly freezes out it’s competitors is in the stubborn refusal to license the FairPlay DRM that it uses in the AAC-formatted songs that are available on the iTunes Store, so that the competitors do not have the possibility of offering FairPlay-compatible gadgets or songs.  By the way if you are based in the southern California area and you require a good dui or perhaps Los Angeles Car Accident Attorneys then you should by all means call the good offices of Ehline Law. Their reputation in this field is stellar. So whether you require a los angeles drunk driving lawyer, a dui lawyer torrance or any other los angeles criminal defense attorneys these guys can help.  Now back to the article…………Apple’s policies in business may at first glance seem unethical but whether or not is is actually, technically illegal remains to be seen in a court of law. David noted how the legal suit, on more than one occasion,
 refers to how Apple’s behavior has restrained “what little competition remains in the digital music markets.” He said this type of thing is common in virtually every type of industry that there is. He then made note of
of the Microsoft Corporation and their Zune player last  year and Amazon.com with its MP3 download store just this past fall 2007. If Apple had total control of the digital music market, he contends, then new players would simply not be entering it.
The corporation has a lot of competition, as it turnss out. As a matter of fact, he notes, buyers may rather easily avoid Apple’s products and services if they wish to. It has been glaringly obvious for many years that the majority of people choose Apple’s items since they prefer them and
not since they think that they have little real choice, which is what the suit may be trying to spin, in his opinion. In any case, the
legal case in question refers to how iPod owners are made or “forced” to purchase songs from the iTunes internet site, and that buying FairPlay AAC songs from that store “locks” that them to the iPod, as the songs may not be played on any other mp3 player.First of all, as David observently points out,
the Amazon e-Store sells MP3s with no DRM which may play on any playerand in fact produced by any vendor. In addition, he says, the iPod may play unprotected MP3s songs which are obtained from any source at all.
Second of all, David writes, Steve Jobs said in his “Thoughts on Music” essay the previous year that only some three percent (amere three percent for goodness sakes!) of the songs on the run of the mill iPod is bought from the iTunes e-commerce website.
In fact the majority of iPods are filled to the brim with songs that are “ripped: from the owner’s own song archives. Even the FairPlay stuff purchased from iTunes, he says, may be burned to a CD and then re-ripped back to a computer in a DRM-free format.
All in all, he beleives that Apple will keep its iPod-iTunes-FairPlay fence intact for as long as it possibly can. This gaps gives the corporation a certain plausable defense against exactly these type of lawsuits, yet the continued existence helps to maintain the business model. Nonetheless, he says,
it smacks od being just a tad unethical and not particularly consumer-friendly – which are aspects that Apple has been known to espouse.

In news out of Sacramento, California sued the United States Environmental Protection Agency today for denying its first-in-the-country greenhouse gas limititations on various types of motor vehicles, challenging the Federal Government’s decision that individuals states should not be setting their own setting emission standards. Additional states such as Vermont and possibly New York are believed to be joining this suit, which was anticipated after the EPA on December 19 denied the Golden State’s request for a waiver, which is currently mandated.
The suit in question was filed in the 9th United States Circuit Court of Appeals in San Francisco. EPA Administrator Stephen L. Johnson denied California a waiver which would be required under the federal Clean Air Act to move forward with regulating greenhouse gas emissions from new cars and trucks.In announcing this decision, Johnson stated that the federal government was moving onward with a wider solution and dismissed California’s arguments that it faced unusual threats from the impending climate changes.Johnson said energy legislation will help to raise fuel economy standards around the country to an average of thirty-five mpg within about tweleve years or so. He thinks it is a better idea than a lot of state regulations. Meanwhile, EPA spokesman Jonathan Shradar said the federal Energy Independence and Security Act “is a more beneficial national approach…..” Meanwhile Golden State officials claim that the 2004 law is more strict than the new national standard. It would have required the auto industry to cut emissions by one-third in new vehicles by 2016 or reach an average of 36.8 mpg.   By the way, if you have been in an automobile accident and you require legal help, take a look at Los Angeles Car Crash Attorneys
and if you have been involved in a motorcycle mishap please take a look at los angeles motorcycle accident attorneys   The folks at Ehline law are quite simply some of the best los angeles criminal defense attorneys you will be able ti find and they cover a nimber of localities throughout Southern California including Burbank,Century City, Newport Beach, Redondo beach and Torrance.Incidentially 12 additional states including Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington — have adopted the California emissions standards and the governors of Arizona, Colorado, Florida and Utah have said they plan to in the near future. The rules also are under consideration in Iowa.

15 states plan to intervene on California’s behalf, including 13 of those that have either adopted or are in the process of adopting the rules. Delaware and Illinois, which have not passed the standards, also are part of the lawsuit.
The EPA’s decision was a big victory for auto manufacturers in general, which had hoped that they would not be forced to limit their selection of automobiles and raise prices in the states which adopted California’s standards.It was the first time the EPA had fully denied California a waiver under the Clean Air Act since Congress gave the state the right to obtain such waivers in 1967.
The auto regulations are an integral part of California’s global warming law, which has the goal of reducing emissions by a full quarter within the next twelve years.
 Auto emissions account for about almost twenty percent of the state’s proposed reductions.

For the Police Department, there are several pressing legal issues to be considered
for 2008. Among the top issues is the usage of Taser weapons. The Police Department may face more lawsuits regarding excessive force,
according to Law Enforcement writer Ken Wallentine of the Policeone dot com web site. It should also be noted that
It should also be noted that both Probation and parole search authority is increasing around the country. After all,
in the aftermath of the ‘Sampson v. California’ decision and some similiar trials, certain specific jurisdictions are weighing statutes which would permit
suspicionless searches of parolees.  In the Sampson decision, the Court ruled held that the police department can execute both a warrantless and
 suspicionless seach at any time for no obvious reason. That is fairly significanyt expansion of powers.  By the way if you live in Southern California and find yourself in need of a lawyer by all means atake a look at Los Angeles Personal Injury Attorneys Also look for brand new
legislation pertaining to various eyewitness ID procedures. This is all happening because
The National Association of Criminal Defense Lawyers previosly launched a wide spectrum suit earlier in the year which challenged eyewitness identification procedures
 in the matter of ‘NACDL vs. Chicago Police Dept’.  They have made the claim that the various departments use certain line-up procedures in criminal investigations which are less than perfect.  
 Innocenceproject.org) states that “eyewitness misidentification is the single greatest cause of wrongful convictions nationwide.”  Illinois, Maryland, North Carolina, Virginia, Wisconsin, and West Virginia
 have passed safegaurd measures to help right this apparent wrong. Another major legal factor for the upcoming year will no doubt be regarding the new
Security search authority which has been vastly increased under the fourth Amendment. As an example of this,
The NFL has recently enacted guidelines mandating certain pat down searches to prevent criminal elements from bringing explosives into football games,
and the courts supported them on this particular issue. Aslo, because of the landmark ‘Georgia v. Randolph’ case there should be a plethera of consent issues
which will come to the forefront. That case established that a physically present party with coequal habitation rights may under many circumstances exclude officers from a particular home, even should
another party (such as a spouse, for example) consent for them to enter the dwelling in question.  Apparently, the courts are restricting the Georgia v. Randolph ruling to a relatively narrow interpretation.
And another issue that you are certain to hear more about in the new year concerns the
Courts’ act of widening the authority of law enforcement officers to ask questions during otherwise routine traffics stops, based on the case ‘Muehler v. Mena’ it
used to be the case that questioning a passenger on issues unrelated to reasons for the traffic stop was a violation of the Fourth Amendment protections, unless there is reasonable reason to justify the questions.
Apparently, however, that is no longer necessarily the case.

As 2008 begins in a few days, literally hundreds of legal changes will take effect in California to usher in the new year. Law changes include an automobile smoking ban, minimum wage hike and a mandate for more efficient lights, among numerous others.
The smoking ban is simply the latest effort out of Sacramento to protect individuals from the hazards of secondhand smoke.
As it stands now, the Golden State already forbids such smoking in enclosed working areas such as bars and clubs, or within twenty-five feet of a playground. This law underscores the touph stance the
state has on smoking. After all, only 2 other states—Arkansas and Louisiana—have such laws whiich forbid the smoking of cigarettes within automobiles in which
kids are passengers, according to the San Jose Mercury online newspaper. This laws initiator,
state Senator Jenny Oropeza, a Democrat from Long Beach, has agreed that there must be another reason for the traffic stop to ensure the approval in the Assembly.
Yet another law aimed at drivers, the use of hand-held mobile phones while driving—goes into effect on the first of July. For drivers under the age of eighteen,
it also extends to the handsfree use of cell phones as well. Pretty strict stuff, but there really have been a lot of safety related complaints about
this activity and calls for it’s regulation.
Among some of the other notable changes include
Legislation presented by the democratic Assemblyman Jared Huffman from San Rafael, which will basically gives the California Energy Commission
until the end of next year to develop tighter efficiency standards for all general purpose lights. Other bills by him include allocating a quarter billion dollar subsidy
to promote the installation of solar water heaters and also mandate water-efficiency standards for the design of all new buildings.

In safety technology news as initially reported by the CNN money network website,
The FuelCell Energy Corporation, which is a top producer of high-efficiency, super-clean power plants for commercial, industrial and utility customers, today announced that its DFC1500MA(tm) has received 3 certifications which confirm the 1.2 MW power plant meets the Golden State’s
 emission regulations as well as complies with both requirements
 for connecting to power grids plus federal safety standards. As it stands now,
this is definately the biggest of the various Distributed Generation Power Plants which are currently Certified for the California Market. The firms
system has met the relatively strict (and rightly so) standards as set by the California Air Resources Board while at the same time being certified by
 the Rule 21 Working Group for specific standards for interconnecting with the state’s power grid infrastructure. In addition to that, approval was granted
 by the organization known as CSA International for compliance of the srather substantial safety standards. As it stands now, these particular
power plants can be located quite near to where the electricity is most urgently required since they significantly lower noise, NOX, SOX and matter
 related to more common methods of electrical generation like combustion engines, as an example. Furthermore, these power plants are capable of running on a somewhat broad assortment
 of fuels such as biofuels. These are excellent since they are totally renewable. Also, they can substantially improve overall efficiency levels through combined heat and power applications