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TNT Diner

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Tacoma News Tribune

Good eats and drinks around Tacoma, Pierce County and South Puget Sound

Developing a Watershed Management Plan for the Upper Pine River

by noreply@blogger.com (Julie Spencer) @ Gratiot Conservation District

We are in the initial stages of developing a watershed management plan for the upper Pine River and we would like your input and support. Watershed planning brings together the people within a watershed to evaluate the quality of the land and water, without regards to political boundaries. A watershed includes all the land that drains to a common point, in this case the Pine River. The rationale for watershed management is that if we properly manage activities on the land, we will protect and improve the water resources within the lakes and streams.

There are many locations within the Pine River Watershed that show signs of impairment, and we would like your help to identify them. Some examples of impairments include sediment buildup in the stream bed, algal blooms, erosion of road-stream crossings, failing septic systems, stream bank erosion, etc. Basically, anything that interferes with Michigan’s identified designated uses would be considered an impairment. According to the Michigan Department of Environmental Quality (MDEQ), all surface waters are designated for and shall be protected for the following uses: agriculture, industrial water supply, public water supply at the point of intake, navigation, warm water fishery, other indigenous aquatic life and wildlife, partial body contact recreation, and total body contact recreation between May 1st and October 31st. There are places in the Pine River that are so built up with sediment that ducks can walk across the stream. Other locations have degraded habitat for fish and an obvious reduction in wildlife. Some areas of the stream have non-native plant build-up that has choked out the natural flow of the river.

We need letters of support: If you are aware of specific locations that shows signs of impairment, please jot down as much information as you can to help us identify where we can begin our study. Include in your letter a brief description of the area of impairment, the changes you have witnessed over the years, the geographic location of the impairment (including a map if possible), the changes you would like to see, and your interest in supporting the project.

The watershed management plan could take up to 12-24 months to develop, and then another 12-24 months to implement the identified projects. Because this plan is in its infancy, we are looking for local support. We know that there are many opportunities to improve the Pine River Watershed and the sooner they are identified, the sooner we can make some improvements. Thank you for your consideration. We look forward to working with you as this project goes forward.

2014 Plat Book in the Works - Ad Space Now Available!

by noreply@blogger.com (Julie Spencer) @ Gratiot Conservation District

We are now in the process of planning the 2014 Gratiot County Plat Book and advertising space is available. Space is limited and is available on a first-come basis. For details and rates, call me between 9:00 a.m. and 2:00 p.m. Monday-Thursday at our office 989-875-3050 or after hours on my cell phone at 989-560-1144. I'm also available anytime by email at julie.spencer@macd.org Thanks, Julie

Julie L. Spencer
Gratiot Conservation District Administrator
301 Commerce Drive
Ithaca, MI 48847
989-875-3900 Ext 115
989-560-1144 Cell Phone

http://www.facebook.com/GratiotConservationDistrict

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SEO (search engine optimization) can be easily confused with the “black arts.” Even those who work in the industry struggle to explain to their friends and family what exactly it is that they do, or more specifically, how they do what they do. So the question is, if those who perform the function of SEO […]

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Help Wanted: No-till Drill Technician

by noreply@blogger.com (Julie Spencer) @ Gratiot Conservation District

Must have own, reliable truck capable of hauling a 15’ No-till Drill and a 6’ Native Grass Drill throughout Gratiot County on an as-needed basis. Hourly wage plus mileage and referral bonus. Ability to store the drills on your property a plus. Needed ASAP. Call Julie Spencer at the Gratiot Conservation District at 989-875-3050 or 989-560-1144 or stop in at the office in the USDA Service Center at 301 E. Commerce Dr. in Ithaca between 9-2 Mon-Thurs.

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CSH Law Breaks Own Eminent Domain Settlement Record

by TeamMultiverse @ CSH Eminent Domain

The post CSH Law Breaks Own Eminent Domain Settlement Record appeared first on CSH Eminent Domain.

Tennessee Legislature Set To Punish Illegal Aliens Harsher

by Rob McKinney @ Nashville Criminal Law Report

The Tennessee Legislature passed a new sentencing bill in the last minutes of the legislative session. The proposed new law would establish a new enhancement factor for defendants who are aliens illegally or unlawfully in this country and who have previously been deported for a criminal offense. If the sentence cannot be agreed to by the district attorney and the defense attorney, the trial court will conduct a sentencing hearing to determine the manner and length of the sentence. One of the considerations is enhancements factors. The complete list of sentencing factors can be found here. The new law places an unfair burden on the judges of this state.

The Tennessean has reported  that similar types of laws have been declared unconstitutional. From a common sense perspective the law is a waste of taxpayer money solely in an attempt to make political capital at taxpayer expense. Here is a real life example. A person in this category once arrested would have a ICE hold on them. Meaning that once they got out of jail, they would be deported because they were once deported. Also, the Federal government could prosecute for illegal reentry. Illegal reentry has a maximum punishment up to 20 years.

Now, the Legislature wants to allow Tennessee judges to order the defendant to serve more time in Tennessee prisons before they are deported or prosecuted in the Federal courts. Guess who foots the bill ? Tennessee taxpayers. It is expensive to house inmates.. The bill's fiscal note was for $500,000.00. It can't possibly be this low of an amount.

The Tennessee Legislature passed a bill knowing it may be declared unconstitutional. Additional it costs Tennessee taxpayers. It seems it is okay to fight a gas tax to fix roads but it is fine to spend money to keep people in jail unnecessarily.

 

The bill awaits the Governor's signature.

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There’s no doubt about it. Blogging is a tried and true method of increasing site traffic and conversion rates. A blog has so much versatility, it’s one of the most important tools you can use to develop a community and maintain a steady stream of website traffic. But how can you make your blog worth …

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Local Business SEO Domination

by SEO Ranker Agency @ #1 SEO Agency | Premier Digital Marketing Company

Note: this is a lengthy article and assumes some knowledge of SEO concepts. If you need a primer on SEO, the following post Search Engine Optimization Explained may be useful. For small businesses to dominate the competition and win the search engine war, they must focus on optimizing key website ranking factors such as site structure, […]

Thank You to the Gratiot County Community Foundation

by noreply@blogger.com (Julie Spencer) @ Gratiot Conservation District

The Gratiot County Community Foundation has awarded us a generous grant in support of our Living Forest lesson that we do in the spring!

Second Graders Becoming a Living Forest:

Each year the Gratiot Conservation District gives the second graders in Gratiot County a free tree seedling. This past spring the kids had the opportunity to learn more about trees, the value and importance of them, and how to plant and care for their tree.

The second graders became a living forest! They learned to thin their forest by holding out their ‘branches’ so that they were rooted far enough apart, then received stuffed animals and paper towel rolls and books and magazines to learn about the animals that live in the forest and the reasons why trees are cut down to make the goods we use everyday. They learned about invasive bugs and forest fires and lightning and wind storms that cause us to lose trees.

These exercises helped the kids to recognize the importance of planting more trees to replace the ones that are lost.

This helped them to understand that trees are a renewable resource and that when they plant their little tree, they are helping to ensure that we will always have a thriving forest!

Altogether about 575 second graders in Gratiot County got to participate in the Living Forest lesson and almost 1,000 trees were donated to local kids!

This coming spring the Living Forest lessons will be sponsored by the Gratiot County Community Foundation from the Clyde and Maude Mizer Memorial Fund! We wish to thank them for their generous support!

How Businesses in Free Soil Michigan Can Profit from Social Media Marketing help

by JosephineMoss @ Michigan SEO Company Ashley Michigan

The post How Businesses in Free Soil Michigan Can Profit from Social Media Marketing help appeared first on SEO Exec.

Major Issues in Nashville's Criminal Justice System

by Rob McKinney @ Nashville Criminal Law Report

Last night, I attended a panel discussion on criminal justice issues in Nashville, TN. The panel was hosted by the Davidson County Democratic Party. Judge Steve Dozier, District Attorney Glenn Funk, Sheriff Daron Hall, and Davidson County Juvenile Court Magistrate Carlton Lewis were a few of the panelists. Here is a few of the most pressing issues that were discussed.

  • Gun Violence and Youth

Everyday the news reports some episode of youths involved in gun violence. Is there a solution to the problem ? The Tennessee Legislature must accept some of the responsibility in the rise of gun violence. Every year the laws are modified to allow firearms in more places. There is no quick fix to stem the tide of gun violence according to the panelists. It is easier to obtain firearms. A general consensus is that all those under 30 have some type of firearm. Even those under 18 have firearms.

One proposal advocated by General Funk is to speed up the prosecution of felons possessing weapons. In the past, a firearm prosecution might be deferred to determine whether the Feds would take over the prosecution. Here is my proposal. Stop the source. Maybe we should crackdown on the sellers. Do an underage stings to see if a gun dealer will sell to a minor.

  • Bail Bond Reform

Bail bond reform should be addressed. Why ? Our current bail bond system is just another form of punishment imposed on those less fortunate. One problem preventing bail bond reform is the private bail bond system is firmly entrenched with supporters in the state legislature.

What's the solution ?

Sheriff Hall spoke on expanding the scope of pretrial release. Pretrial release is a program run by the Davidson County to release citizens on their own recognizance. A fee of $35.00 is paid and they have to call in once a week. I would urge the pretrial release program to take all misdemeanor cases and Class e felony cases where the citizen lives in Middle Tennessee. General Funk discussed a proposal where bonds would be reviewed in certain cases where a person might be released without making bond.. My big complaint is the excessive  amount of the bail bond and the source hearing for nondrug offenses.

  • The Opioid Crisis.

The General Sessions Courts and the Criminal Courts in Davidson County have embraced drug treatment. Judge Norman is a pioneer in the creation of drug courts. The opioid epidemic is more problematic. While I was waiting for my hearing at the Tennessee Board of Nursing, one doctor testified it took at least 12 months to rewire the brain from opioid addiction. There is a glaring need for a dedicated half way house for those struggling with opioid addiction. One measure that needs to be reviewed is how courts deal with probation violations on a failed drug screen. There needs to be more alternatives rather than jail.

 

Nashville is facing problems in our criminal justice system. I am proud of our leaders for appearing at a public forum for a frank discussion of these very important issues.

When Prayer Alone Doesn’t Work, Hire a Lawyer

by TeamMultiverse @ CSH Eminent Domain

Greensboro Church Collects More Than Double the State’s First Offer in an Eminent Domain Action North Carolina Lawyers Weekly  |  November 14, 2011 By Sharon McCloskey It’s been more than five years since Sedgefield Baptist Church first learned that a six-lane roadway might be passing through its sanctuary. That’s when the North Carolina Department of Transportation first approached the church ... Read More

The post When Prayer Alone Doesn’t Work, Hire a Lawyer appeared first on CSH Eminent Domain.

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CSH Law Attorneys Receive $1.2 Million Verdict for Shopping Center

by Katie Bagwell @ CSH Eminent Domain

Attorneys in the Land Condemnation & Eminent Domain Practice Group at Cranfill Sumner & Hartzog LLP (CSH Law) recently won a major verdict for the owners of a commercial shopping center located in Wilmington. Due to a road widening project on Kerr Avenue and Market Street in Wilmington, Carmine LLC lost a driveway and access point on Kerr Avenue, half ... Read More

The post CSH Law Attorneys Receive $1.2 Million Verdict for Shopping Center appeared first on CSH Eminent Domain.

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Texas St Wyoming Football

Texas St Wyoming Football

by Josh Galemore @ www.communitynewspapergroup.com - RSS Results

Wyoming quarterback Josh Allen (17) runs the ball as Texas State safety Dila Rosemond (15) defends during an NCAA college football game Saturday, Sept. 30, 2017, in Laramie, Wyo. (Josh Galemore/The Casper Star-Tribune via AP)

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NC DOT: More Time, More Money

by TeamMultiverse @ CSH Eminent Domain

After tying up property for two decades, state pays big when it finally moves forward with highway project North Carolina Lawyers Weekly  |  December 19, 2011 By Sharon McCloskey William Sanders was not yet 60 years old when the state Department of Transportation first identified his 700 acres as being in the path of the planned Fayetteville outer loop highway. This ... Read More

The post NC DOT: More Time, More Money appeared first on CSH Eminent Domain.

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Ramifications of Jeff Session's Untruthful Testimony

by Rob McKinney @ Nashville Criminal Law Report

It appears from the news accounts that U.S. Attorney General Jeff Sessions may have given untruthful testimony under oath before the U.S. Senate. What are the ramifications ? Let's look what could happen to Mr. Sessions under Tennessee law.

First, Mr. Sessions committed aggravated perjury under Tennessee's criminal laws. Perjury is defined in Tennessee as a false statement under oath during or in connection with an official proceeding. It is a Class D felony. After it was discovered that Mr. Sessions made a false statement under oath, he tried to fix it. Retraction is a defense to perjury under Tennessee law. However, the retraction must be made before the completion of the testimony at the official proceeding.

Let's turn to his law license next. To be an attorney general one must be licensed to practice law. Recently, I appeared at the Tennessee Board of Law Examiners on whether a law school application contained an omission. Here, Mr. Sessions made a false statement to the U.S. Senate under oath. Under Tennessee's rules of professional conduct, Mr. Sessions appears to have violated the rule that a lawyer shall not offer evidence the lawyer knows to be false.

The country's top lawyer has now been caught red handed being untruthful. Can the country tolerate this type of behavior ? I think not. This reminds me of the old TV show " I Love Lucy" when Desi tells Lucy you got some explaining too do.

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How to Stop the Evidence Dump

by Rob McKinney @ Nashville Criminal Law Report

One of the common issues that happens to me shortly before a criminal trial is the evidence dump. The assistant district attorney starts working their case and discovers evidence that was known or should have been known. In some cases, new evidence is turned over to the defense days before trial. It happens all the time. In my first murder case, my theory was that the decedent committed suicide. On the Friday before the trial at 4:00 P.M. the prosecutors disclosed the presence of suicidal ideations. The court refused to continue the case so I could review the medical records.

 

How to prevent the evidence dump ? File a motion. Under Rule 12(D)4 of the Tennessee Rules of Criminal Procedure , the court can order to disclose what evidence it intends to introduce during the trial. I have put in the order they must disclose the list of evidence 90 days prior to trial. The reason for the disclosure is to litigate it's admissibility prior to trial. Just referencing what is provided in discovery is insufficient under State of Tennessee v. Giannini. I am now filing this motion when I file my request for discovery. all evidence should be disclosed in a timely fashion. The state must be held accountable. Here is the essence of the rule;

d) Notice by the State of the Intention to Use Evidence.

(1) At the State’s Discretion. At the arraignment or as soon afterward as practicable, the state may notify the defendant of its intent to use specified evidence at trial in order to afford the defendant an opportunity to object before trial under Rule 12(b)(2)(C).

(2) At the Defendant’s Request. At the arraignment or as soon afterward as practicable, in order to afford an opportunity to move to suppress evidence the defendant may request notice of the state's intent to use (in its evidence in chief at trial) any evidence that the defendant may be entitled to discover under Rule 16, subject to any relevant limitations prescribed in Rule 16

I am putting a sample motion on my website www.RobMcKinneyLaw.com in the next few days.

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When Should You Start Up a Google AdWords Campaign For Your Company?

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You’re excited about how your company is growing. More and more people are becoming aware of your company and brand. You want to continue to advertise your business and its products.   1.  Customer Demand The first ingredient is customer demand. If your Seattle customers are not searching for your product or service in Google, …

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Roseclay, LLC and the City of Charlotte Mediate a Fair Eminent Domain Settlement

by TeamMultiverse @ CSH Eminent Domain

When a City wants to expand its mass transit system, it’s an almost certain bet that some citizens will lose their property rights. This was the case when the City of Charlotte, expanded its light rail system. Unfortunately for property owner Roseclay, LLC, the growing light rail line needed part of its shopping center for a five deck parking structure. ... Read More

The post Roseclay, LLC and the City of Charlotte Mediate a Fair Eminent Domain Settlement appeared first on CSH Eminent Domain.

Reforms Needed for Davidson County Grand Jury

by Rob McKinney @ Nashville Criminal Law Report

The Tennessean has recently published two articles on some questionable practices of the Davidson County. TN. grand jury. A grand jury's main role is to determine if probable cause exists in order to return an indictment. The concerns were raised by the grand jurors themselves in their final report. One concern from my point of view is the list of speakers that gave a presentation.

  • District Attorney Glenn Funk gave a overview of the role of the district attorney in grand jury proceedings.
  • Members of the Child Sex Abuse unit including a nurse at Our Kids gave a presentation of on sex abuse victims.
  • Nashville DUI officer Brad Nave gave a presentation on DUI cases. Mr.Nave even talked about the 91% accuracy of the standardized field sobriety tests to determine impairment. At the next presentation , I hope he tells the grand jury about a case I had with him on August,1 where he stated the client failed the field sobriety testing yet had zeros across the board for alcohol and drugs.
  • Members of the gang unit, drug task force, and the warrant division as well as Chief Anderson gave presentations.

In the final report, the grand jury expressed concern on preserving independence and avoiding bias. It seems difficult in light of the numerous presentations given during the term of the grand jury. Here is an excerpt from the report.

"The grand jury should remain impartial and unbiased during its deliberations and the close relationship with police procedure and proceedings put that in jeopardy," the jurors wrote in their end-of-term report, filed this month.

One concern raised by the Tennessean was grand jury foreman Stan Fossick. Since 1993 Mr. Fossick has been appointed grand jury foreman in at least 42 grand juries. it might be time for some new blood in the job of grand jury foreman. My own personal complaint of Mr. Fossick is I requested a client of mine testify to tell his side of a domestic violence case. My request was refused even state law allows one to testify before the grand jury on a vote of its members. Recently, he told his story and the court found him not guilty of domestic violence. I will always wonder what the grand jury would have done if they had listened to his story. The report spoke of the one sided point of view from the state. It was certainly on sided in one case.

The Tennessean called for reforms of the Davidson County Grand jury Here are my suggestions.

  1. End the practice of allowing police officers to speak before the grand jury unless the grand jury on its own initiative requests to investigate some aspect of the criminal justice system.
  2. It might be a good time to let someone else take a turn as grand jury foreman.
  3. While not addressed by the report, it has been a long time practice of allowing others not involved in the case to testify from the grand jury by just reading the arrest report.

 

 

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Tiger Woods Charged with Driving Under Presciption Drugs

by Rob McKinney @ Nashville Criminal Law Report

I waited a few days before commenting on Tiger Woods recent arrest for driving under the influence of prescription drugs. The police recently released photos of the car and a audio tape from the arrest. I predict this trend of arrests while driving under the influence of prescription drugs will increase as the population ages.

Mr. Woods issues with his  back is well documented. It appears he uses prescription drugs to cope with his pain. The big question is whether his use of prescription drugs impaiedr his ability to operate a car.

Under Tennessee's driving under the influence laws, it is illegal to drive or be in control of a car while under the influence of a prescription drug that affects your central nervous system. Mr. Woods was taking Vicodin which does affect the central nervous system. Here is a link on how Vicodin works.

Here are a couple of takeaways.

  • There is no per se limit of the amount of prescription drugs that can be in your blood unlike alcohol.
  • Was the medication being used as prescribed ?
  • Were there warnings on the label ? I am most concerned with the warning labels. Due to my job, I take high blood pressure medicine. The warning indicates that I should not operate machinery when I first take the medication until I get used to it.
  • What were the doctor's warnings ?

 

 

The government must prove that the prescription medication impaired the driver's ability to safely operate a motor vehicle by depriving the driver the clearness of mind and control of oneself that the driver would otherwise possess. See T.C.A. 55-10-401(1). Defending driving under the influence of prescription medications requires some basic knowledge of pharmacokinetics and pharmacodynamics effects. If you need more information on defending driving under the influence of prescription medications please feel free to contact our office.

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Wyoming ready for only 2nd road game of season

Wyoming ready for only 2nd road game of season

by By Jason Turner sports writer @ www.communitynewspapergroup.com - RSS Results

For the first time in six weeks, athletes on Wyoming’s football team will not have the luxury of spending the entire weekend sleeping in their own beds.

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Prolific Digital Solutions

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Want 30 Days Jail Credit ? Get a Vasectomy.

by Rob McKinney @ Nashville Criminal Law Report

Nashville's News Chanel Five reported yesterday of one Tennessee judge's unusual method to reduce one's jail sentence. White County Tennessee General Sessions Judge Sam Benningfield entered a standing court order granting 30 days of jail credit to those serving jail sentences. The catch to getting the jail credit is to agree to have a vasectomy or the have a birth control device implanted.

It strikes me as an extreme abuse of judicial power. Judges in Tennessee determine the jail sentence if no plea bargain is entered into. The court holds the keys to the jail cell once a sentence is imposed. It puts the court in an unfair bargaining position. Everybody in jail wants out of jail. To force one to have themselves robbed of their ability to reproduce is a practice that should not be tolerated. To his credit, the local District Attorney General Bryant Dunaway agrees. Here is his statement from the report.

 

District Attorney Bryant Dunaway, who oversees prosecution of cases in White County is worried the program may be unethical and possibly illegal.

“It’s concerning to me, my office doesn’t support this order,” Dunaway said.

“It’s comprehensible that an 18-year-old gets this done, it can’t get reversed and then that impacts the rest of their life,” he added.

The American Civil Liberties Union also took a position.

"Offering a so-called 'choice' between jail time and coerced contraception or sterilization is unconstitutional. Such a choice violates the fundamental constitutional right to reproductive autonomy and bodily integrity by interfering with the intimate decision of whether and when to have a child, imposing an intrusive medical procedure on individuals who are not in a position to reject it. Judges play an important role in our community – overseeing individuals’ childbearing capacity should not be part of that role."

In Davidson County Tennessee, it is common to work out a probation violation case on the condition that the defendant will enter a drug or alcohol program and be released upon the condition that they complete the program. This is completely different than court sanctioned sterilization. While the court's actions may be well intended, it is simply wrong. No Tennessee law sanctions this type of conduct by the courts to reduce jail time.

I suggest we watch this story and see how it develops.

Welcome Ben Wickerham to Our Conservation Team!

by noreply@blogger.com (Julie Spencer) @ Gratiot Conservation District

The Gratiot Conservation District would like to welcome Ben Wickerham as our new Watershed Technician/Coordinator for our “Bad River Watershed Sedimentation Reduction Plan" for which we recently received funding through the Great Lakes Commission. Ben brings with him a great deal of knowledge and experience in working with conservation projects throughout the State of Michigan. In recent years Ben has served as the national office Regional Representative to Michigan’s 37 chapters with Pheasants Forever, worked as the Michigan Envirothon Coordinator for the Michigan Association of Conservation Districts (MACD), served as the Administrator/Education Coordinator for the Genesee Conservation District, worked as a Stream Profiling Coordinator for the Flint River Watershed Coalition, worked as a Watershed Project Coordinator for the Branch County Conservation District, served as a surveyor & research assistant with the Michigan Natural Features Inventory and worked on several habitat maintenance and restoration projects with the Michigan Department of Natural Resources (DNR). Ben completed his undergraduate studies at Michigan State University with a degree in General Zoology and a concentration in Environmental Biology. We look forward to having him join our conservation team here in Gratiot County and encourage you to stop by the office to welcome Ben to the Conservation District. Sincerely, Julie Spencer, Gratiot Conservation District Administrator

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No-till Drill and Native Grass Drill Rental Reserve Now!

by noreply@blogger.com (Julie Spencer) @ Gratiot Conservation District

Time to Reserve the Rental of our No-till Drills

Have you made plans yet for your spring plantings? If not, now is the time to start thinking about setting up an appointment to rent one of our no-till drills. The Gratiot Conservation District has a 15-foot no-till drill and a 6-foot native grass drill available for rent. For questions and rental rates contact the Gratiot Conservation District at 989-875-3900 or our No-till Technician, Fred Fleisher at 989-584-3858.

Lease Rates:
15' No-till Drill (John Deere): $15/acre ($1/acre discount if paid within 30 days)w/$100 minimum
6' Native Grass Drill: Minimum $135 (includes delivery, set-up up to 10 acres). Any acreage planted in excess of 10 acres will be charged a rate of $6 per acre.

Download the No-till Drill Agreement Here

Download the Native Grass Drill Agreement Here

Download the Native Grass Drill Use Agreement Here (Must accompany Native Grass Drill Agreement)

Check out this cool one-minute video about the differences between soil that has been tilled for farming (disturbed) and soil that has been left alone for many years (un-disturbed). It illustrates a prime example of why no-till farming can really improve the quality of your soil, i.e. the quality of the crops you grow! Take a minute (literally one minute!) to watch the video. Very cool video. -Julie

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Instagram Stories is being actively embraced by digital marketers and search engine optimization consultants. So I decided to take a closer look to see how Stories compares with Snapchat. Bottom line, they are both highly competent platforms. Frankly, if you are active with an established following on Snapchat today, don’t kill it and keep growing […]

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Life Line Emergency Vehicles sold to Folience, Inc.

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SUMNER –– Folience, Inc., and Life Line Emergency Vehicles Inc. announced Tuesday that Folience is acquiring Life Line Emergency Vehicles. This will continue Life Line’s 32-year history producing superior quality

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ONWASA Settles Multimillion Dollar Land Lawsuit

by TeamMultiverse @ CSH Eminent Domain

Jacksonville NC Daily News  |  November 25, 2011 By Lindell Kay Backfiring eminent domain plans have cost ONWASA $7.5 million in a recent land dispute settlement, according to court records. Prior property owners who lost their land in condemnation actions by the Onslow Water and Sewer Authority were seeking up to $40 million for potential mineral mining profits they say ... Read More

The post ONWASA Settles Multimillion Dollar Land Lawsuit appeared first on CSH Eminent Domain.

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Can a Judge Rect a Plea Bargain Agreement ?

by Rob McKinney @ Nashville Criminal Law Report

Plea bargains are how criminal cases are resolved today. Jed Rakoff wrote an article a few years ago on why innocent people plead guilty. Some statistics indicate that in 2013 97 % of all federal criminal cases were settled by a plea bargain agreement, In his article Mr. Rakoff discusses the evolution of the plea bargain agreement in resolving criminal cases. today's post focuses on what happens if a judge does not accept a plea bargain agreement.

Last week, a Williamson County, Tennessee judge he announced he would no longer be accepting plea bargain agreements once the case was set for a jury trial. First, no criminal judge in Tennessee is bound to accept every plea bargain agreement. Under Rule 11 (c)(3)(A) of the Tennessee Rules of Criminal Procedure a trial court has the authority gives the trial court the authority to accept to accept or reject a plea agreement. In the Williamson County example, the court could be forcing the defendant to plea guilty as charged. However, The Court of Criminal  Appeals has held there was no abuse in discretion to reject a plea bargain agreement that came in after the plea deadline. See State v. Murphy. Here is a link to review the case.

If the court does reject the plea agreement, the court must comply with Rule 11(c)(5) of the Tennessee Rules of Criminal Procedure in advising the defendant of certain ramifications of the court's rejection of the plea.

Next week more on plea bargains.

No-till Drill and Native Grass Drill Rental Reserve Now!

by noreply@blogger.com (Julie Spencer) @ Gratiot Conservation District

Time to Reserve the Rental of our No-till Drills

Have you made plans yet for your spring plantings? If not, now is the time to start thinking about setting up an appointment to rent one of our no-till drills. The Gratiot Conservation District has a 15-foot no-till drill and a 6-foot native grass drill available for rent. For questions and rental rates contact the Gratiot Conservation District at 989-875-3900 or our No-till Technician, Fred Fleisher at 989-584-3858.

Lease Rates:
15' No-till Drill (John Deere): $15/acre ($1/acre discount if paid within 30 days)w/$100 minimum
6' Native Grass Drill: Minimum $135 (includes delivery, set-up up to 10 acres). Any acreage planted in excess of 10 acres will be charged a rate of $6 per acre.

Download the No-till Drill Agreement Here

Download the Native Grass Drill Agreement Here

Download the Native Grass Drill Use Agreement Here (Must accompany Native Grass Drill Agreement)

Check out this cool one-minute video about the differences between soil that has been tilled for farming (disturbed) and soil that has been left alone for many years (un-disturbed). It illustrates a prime example of why no-till farming can really improve the quality of your soil, i.e. the quality of the crops you grow! Take a minute (literally one minute!) to watch the video. Very cool video. -Julie

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The Tennessee Legislature and Criminal Law

by Rob McKinney @ Nashville Criminal Law Report

The Tennessee State Legislature has a habit of enacting new criminal laws on an isolated incident that occurred in someone's legislative district. The practice creates terrible laws. I read a great quote recently from an outgoing U.S Senator. " Legislatures should govern not campaign." Tennessee State Legislator Jeremy Faison tweeted that the death penalty should apply for innocent people killed by arson.

We can all agree the intentional setting of forest fires is unconscionable. It should be punished. However, Tennessee already has death penalty laws , arson laws, and laws defining murder charges. Clearly, Representative Faison's tweet was merely a campaign ploy. Every legislative session some law is passed to address an issue that rarely occurs. The legislator goes home and claims a public relations victory. Last week , I posted my commentary on the various criminal laws that could impact the case. I saw a campaign pledge during the recent election of less government. Maybe we need fewer laws.

In my post, I discussed aggravated arson cases in Sevier County. Also, the criminal laws that are now in place to address those issues. The authority od the District Attorney to decide whether to present the charges in Juvenile court or seek to transfer the case to adult court. It seems our government has moved from a civil discourse on governing our state into proposing laws on Twitter.

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Are Nashville Public Defenders Overworked ?

by Rob McKinney @ Nashville Criminal Law Report

Steven Hale wrote an article in last week's Nashville Scene on the Nashville Public Defenders Office overwhelming caseload. One visit to any of the criminal courtrooms in Nashville supports that conclusion. The article does a great job setting out the facts and the money issues. A hearing was held last year arguing a case should be dismissed based upon a denial of a speedy trial. The main focus of the motion was that public defenders were over worked and could not prepare the defense.The Nashville Public Defender was represented by three attorneys at the hearing. Ms. Deaner's attorneys assert that the office should have 67 full time lawyers rather than the 44.5 full time attorneys on staff.

What should we do to solve the problem ? First, taxpayers are not thrilled that their tax dollars are being used to defend alleged criminals. The only real solution is to increase funding for the public defenders office. The Constitution demands us to fund indigent defense. I do not predict any relief from the state. It does appears that Nashville receives less per case that the state average. Since the government is not willing to step up to the plate, what else can be done ?

Effective January 1, 2017, the Nashville Public Defenders Office will not be accepting  misdemeanor criminal cases where the accused makes bond. Now the next question is what does that mean to the folks who don't get a public defender ?

Misdemeanor cases are just as important as a felony charge. Collateral consequences occur with most convictions especially a DUI or domestic violence charge. So what happens when the public defenders refuse to accept a misdemeanor bond case ?

You get a court appointed lawyer. According to the article, it will be a crap shoot. The judge or the judge's assistant will appoint a lawyer to your case. Here is an example in one case. Accused is screened by the public defender. A judge's secretary hands the accused a card to call lawyer.  Remember every judge is different and each will have a different policy.

 The lawyer may be experienced or  fresh out of law school. May have never handled a case like yours before. No formal training on handling the defense of a DUI case. Once the case is over, the court appointed lawyer will not expunge your record if the case is dismissed. Just because you"re a lawyer does not automatically make you a criminal defense lawyer. The people who may suffer is the folks who can get out of jail but not able to get a lawyer. Also, folks might even decide to go without a lawyer and waive their right to a lawyer. Let's see what happens in a couple of months.

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George Autry Elected to Owners’ Counsel of America Board of Directors

by TeamMultiverse @ CSH Eminent Domain

Raleigh, N.C. – George Autry, an attorney in the Raleigh office of Cranfill Sumner & Hartzog LLP (CSH Law), was recently elected to serve a three-year term on the board of directors for the Owners’ Counsel of America (OCA), a national network of experienced condemnation attorneys.  George Autry, Stephanie Autry, and Brady Wells, all attorneys in the Raleigh office of ... Read More

The post George Autry Elected to Owners’ Counsel of America Board of Directors appeared first on CSH Eminent Domain.

Rasing Bail Bonds To Keep The Poor In Jail

by Rob McKinney @ Nashville Criminal Law Report

The Chattanooga Free Times reported on Hamilton County General Sessions Judges raising bail bonds on an those accused of a crime. It seems one of the General Sessions Judges raises a bail bond more than a one-third of the time.

First, we need to know the basics.

  • Once someone is arrested, a bail bond is set by a magistrate. A bail bond is set on a monetary amount to ensure an accused will appear in court for their court appearances and protect the safety of the public.
  • A person can pay the amount of bail bond into the clerk of the court or hire a professional bail bond's man or women, The court is guided by factors in setting the bond set by the state legislature. Here is a link to a video on the subject.
  • In the Chattanooga cases, it appears the courts are routinely raising a bail bond if the accused has a preliminary hearing.
  • A preliminary hearing is one of the most basic building blocks in preparing a effective defense in a criminal case.

Here are a couple of statements from the article.

"Frequently, when we're at the end of a preliminary hearing, I'll ask the prosecutor, 'Is there a problem with the bond set to go to the grand jury?'" said General Sessions Court Judge Gary Starnes.

This is a sign to prosecutors that judges are open to raising the bonds — specific judges, defense attorneys say.

 

Though defense attorneys like preliminary hearings, they say prosecutors use them as leverage in a case.

"They will tell you, 'I will bind your case over on the same bond," said defense attorney Jason Fisher. "'But, if you make me have a preliminary hearing, I'm going to ask for a higher bond.'"

Based on these comments it appears that the local district attorney's office is using the bail bond system to keep those unable to post a bond in jail. The net result is it may force a plea bargain to get out of jail. It is unclear from the article if the district attorney's office is filing a motion to increase bond or merely following the tone of the court. It is a disturbing trend to keep the bond excessive to prevent one to having a trial on the merits.

It seems that setting high bail bonds is a tool to prevent one's day in court. keep someone in jail until they plead out.

 

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North Carolina Lawyer’s Weekly List of Top 25 Verdicts & Settlements of 2013

by TeamMultiverse @ CSH Eminent Domain

The Land Condemnation & Eminent Domain practice group of Cranfill Sumner & Hartzog LLP was featured in North Carolina Lawyer’s Weekly Top 25 Verdicts and Settlements of 2013. The group represented clients in three settlements against the North Carolina Department of Transportation listed in the Top 25. Two of the settlements were listed in the Top 10. The settlements represented ... Read More

The post North Carolina Lawyer’s Weekly List of Top 25 Verdicts & Settlements of 2013 appeared first on CSH Eminent Domain.

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George and Stephanie Autry Present at Eminent Domain/Land Condemnation CLE

by TeamMultiverse @ CSH Eminent Domain

George Autry and Stephanie Autry presented at two continuing legal education seminars in New Orleans on Jan. 23-25. George and Stephanie, attorneys in the Raleigh office of Cranfill Sumner & Hartzog LLP, presented “Use of First and Second Generation Rents and Just Compensation” at the Eminent Domain and Land Value Litigation Seminar. They co-authored the presentation with Richard Marchitelli, MAI, ... Read More

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2014 Annual Meeting & Banquet of the Gratiot Conservation District

by noreply@blogger.com (Julie Spencer) @ Gratiot Conservation District

What an amazing night! We had such an awesome Annual Meeting & Banquet for the Gratiot Conservation District and it went so smoothly thanks to all of my staff & volunteers & Board of Directors! You guys are all so amazing! Thank you to my Board Chairman Kevin Craig, Board members Mike Chaffin, Mark Crumbaugh, Tim Frisbie, and (although absent tonight always a part of the team) Dr. Kelvin Grant! Thank you to my amazing staff (and great friends!) Monique Ferris, Ben Wickerham, and Earl Krom. I couldn't ask for a better conservation team! You make my job so much fun! And to my volunteers: most notably Sheila Frederick who was with me from 1:30 this afternoon until we closed the doors & turned out the lights! My most adorable and loving volunteer (who also happened to come home with me!) Clayton Spencer! Lori Martin, who wore multiple hats tonight and stepped up to do anything that was asked of her! Tami Melton who braved snow shoveling in order to join us, and Chris Ferris who graciously lets me borrow his wife all week long and puts up with late dinners so that she can tromp through wildlife habitat promoting conservation efforts! You guys are all amazing and I couldn't have done it without you!!! This was my third banquet as the (not so new anymore) Administrator, and I thought this year went amazingly smooth. Also thank you to Litwiller's Catering for another wonderful meal, and to our keynote speaker Mary Fales who kept us entertained and excited about our new watershed project! Great job everyone! -Julie (pictures will follow in a few days!!!)

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Lessons From the Courtroom

by Rob McKinney @ Nashville Criminal Law Report

Malcolm Gladwell wrote a great book titled Outliers. The book covered the careers of The Beatles , Bill Gates , and others. The premise of the book is that one does not become an expert until they do something over 10,000 hours. After 22 years of practicing criminal defense law, I still learn something new each week. Here are three lessons from the courtroom from Sumner County General Sessions Court last week;

  • File motions.

The charge was child abuse. One of the elements was that the neglect adversely affected the child's health and welfare. No proof was stated in the arrest affidavit. I filed a motion to dismiss based on a lack of evidence of any real harm. The motion caused the assistant district attorney to look more closely to the case. The case was retired for 90 days on condition of attending a parenting class.

  • Never agree to be interviewed by the police without a lawyer.

The Sixth Amendment of the U.S. Constitution sets forth one of the fundamental rights of speaking to a lawyer before being questioned by police. An interview was given. Police have extensive training on interrogations. It can lead to false confessions or deception to avoid any problems. Statements taken out of context lead to a arrest for theft. Case was prepared for trial. Case was later retired.

  • Be a sentencing advocate.

Family did not make a bail bond for a loved one. Let him stay in jail to teach a tough love lesson.  Screened in jail for recovery court. Bonded out. Recovery court recommended intensive outpatient treatment. Burglary case reduced to a misdemeanor. Felony and more jail avoided. Used the jail time he served and the treatment option to avoid a felony and a harsher sentence. Sometimes people are guilty. Be a sentencing advocate to help save a life.

Those were last week's lessons from the courtroom. I am thinking this might be a new category of the blog. To my fellow criminal defense lawyers, what are your lessons from the court room ?

 

 

 

Jury Needs Just 20 Minutes to Conclude Eminent Domain Matter in Person County

by TeamMultiverse @ CSH Eminent Domain

When it comes to matters of eminent domain North Carolina government entities aren’t always as accurate as they should be. This was the case with a matter that Cranfill Sumner & Hartzog tried in the Person County Superior Court in February of 2015. The North Carolina Department of Transportation offered just $6,700 for a strip of land in Roxboro. By ... Read More

The post Jury Needs Just 20 Minutes to Conclude Eminent Domain Matter in Person County appeared first on CSH Eminent Domain.

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Major Issues in Nashville's Criminal Justice System

by Rob McKinney @ Nashville Criminal Law Report

Last night, I attended a panel discussion on criminal justice issues in Nashville, TN. The panel was hosted by the Davidson County Democratic Party. Judge Steve Dozier, District Attorney Glenn Funk, Sheriff Daron Hall, and Davidson County Juvenile Court Magistrate Carlton Lewis were a few of the panelists. Here is a few of the most pressing issues that were discussed.

  • Gun Violence and Youth

Everyday the news reports some episode of youths involved in gun violence. Is there a solution to the problem ? The Tennessee Legislature must accept some of the responsibility in the rise of gun violence. Every year the laws are modified to allow firearms in more places. There is no quick fix to stem the tide of gun violence according to the panelists. It is easier to obtain firearms. A general consensus is that all those under 30 have some type of firearm. Even those under 18 have firearms.

One proposal advocated by General Funk is to speed up the prosecution of felons possessing weapons. In the past, a firearm prosecution might be deferred to determine whether the Feds would take over the prosecution. Here is my proposal. Stop the source. Maybe we should crackdown on the sellers. Do an underage stings to see if a gun dealer will sell to a minor.

  • Bail Bond Reform

Bail bond reform should be addressed. Why ? Our current bail bond system is just another form of punishment imposed on those less fortunate. One problem preventing bail bond reform is the private bail bond system is firmly entrenched with supporters in the state legislature.

What's the solution ?

Sheriff Hall spoke on expanding the scope of pretrial release. Pretrial release is a program run by the Davidson County to release citizens on their own recognizance. A fee of $35.00 is paid and they have to call in once a week. I would urge the pretrial release program to take all misdemeanor cases and Class e felony cases where the citizen lives in Middle Tennessee. General Funk discussed a proposal where bonds would be reviewed in certain cases where a person might be released without making bond.. My big complaint is the excessive  amount of the bail bond and the source hearing for nondrug offenses.

  • The Opioid Crisis.

The General Sessions Courts and the Criminal Courts in Davidson County have embraced drug treatment. Judge Norman is a pioneer in the creation of drug courts. The opioid epidemic is more problematic. While I was waiting for my hearing at the Tennessee Board of Nursing, one doctor testified it took at least 12 months to rewire the brain from opioid addiction. There is a glaring need for a dedicated half way house for those struggling with opioid addiction. One measure that needs to be reviewed is how courts deal with probation violations on a failed drug screen. There needs to be more alternatives rather than jail.

 

Nashville is facing problems in our criminal justice system. I am proud of our leaders for appearing at a public forum for a frank discussion of these very important issues.

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