DUI test refusal

DUI Test Refusal and Criminal Charges – What’s Next?

There is much speculation regarding the impact, if any, of the McNeely [1] decision on warrantless blood draws in DUI/DUID traffic investigations, stops, DUI test refusals, and arrests. The analysis is varied with some claiming that the holding mandates that law enforcement secure a warrant prior to any blood draws while others suggest that whether a
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Colorado recreational marijuana law

Is Colorado Recreational Marijuana Law at Risk?

Colorado’s Amendment 64 was passed as a ballot initiative in Colorado in 2012. The voters in Colorado approved the Amendment, which amended Article XVIII of the Colorado Constitution. This constitutional amendment allowed for the legalization of recreational marijuana.  Colorado is one of four states and the District of Columbia that allow for legal, recreational use. 
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seeking justice for all

Why I’m Committed to Seeking Justice for All

I have been working towards finding justice for well over 30 years—first as a prosecutor, then as a trainer of criminal justice professionals, followed by a national-level position advocating for a more effective court system, and now back in the courtroom as a prosecutor—and more. Over time, my perspective and focus on the meaning of
  • Published in Law
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state supreme court politics

State Supreme Court Politics and the Threat to Justice

State Supreme Courts are “the ultimate judicial tribunal in the court system of a particular state.”  The Federal Courts only trumps them when there is a federal question and even then there is sometimes concurrent jurisdiction. On state issues they are the last word and therefore of utmost importance. The  selection criteria of each state
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lawyers as peacemakers

Lawyers as Peacemakers: Reflections from South Africa

Pretoria, South Africa I recently had the honor to attend and speak at the “Lawyers as Peacemakers” conference in Pretoria, South Africa. Sponsored by the Institute for Dispute Resolution in Africa (IDRA) at the University of South Africa College of Law, the gathering explored therapeutic jurisprudence (TJ) and its practical application to various issues. The
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trust in the judiciary

Trust in the Judiciary

A recent Gallup poll claimed that the trust American’s have in the judicial branch of government had fallen to a record-low. Only 53% of those polled said they had “a great deal” or “a fair amount” of trust in the judiciary. This decline was driven by conservative voters whose trust in the judiciary fell by
  • Published in Law
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Rule of Law

The Rule of Law

As I write this, Clerk Kim Davis of Rowan County Kentucky has refused to obey an order issued by a judge of the United States District Court. She appealed the decision to the Sixth Circuit Court of Appeals and to the United States Supreme Court. Both rejected her appeal. She is a public official and
  • Published in Law
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