Former O.C. Star Mischa Barton Arrested

Mischa Barton was arrested this morning for possible driving under the influence of alcohol and possessing marijuana.

Police saw the 21 year old actress in her vehicle straddling two lanes and failing to signal for a turn, according to a sheriff's press statement.

Police had also determined that she was an unlicensed driver and was driving while under the influence of an alcoholic beverage," the statement said.

Barton was arrested for investigation of driving under the influence of alcohol, driving without a license, possessing a controlled substance and possessing marijuana. She spent around seven hours in the West Hollywood jail before being released on $10,000 bail.

Her arrest was first reported by the Hollyscoop.com Web site

State to Ban Hallucinogenic Plant! Will more Follow?

On January 1st a law will take effect in Illinois that will make possession or sale of a plant called Salvia divinorum a felony.

The plant can cause hallucinations within seconds after it’s smoked or ingested. Violators could face harsh legal consequences.

Due to the change in the law, people are stocking up on it. Salvia, apparently is a type of hallucinogenic that can be similar to LSD although, this comparison is not well supported by people that use Salvia.

Federal drug laws do not address the substance, so some states are choosing to adopt laws regulating it.

Several people are going to their local retailers to stock up on the herb before the law goes into effect.
Other States with similar laws are: Tennessee, Delaware, North Dakota and Missouri. Louisiana, Maine and Oklahoma, also have laws controlling Salvia.

Cyberbulling may soon be a Felony

SPRINGFIELD, ILLINOIS – State Rep. Bob Flider, D-Mount Zion has introduced legislation to crack down on how adults can talk to minors on the internet. This came about after hearing the story of Megan Meier, the 13-year-old girl from Dardenne Prairie, Mo., who killed herself last year after receiving hurtful messages on MySpace, a social networking site, from a fictitious boy that was made up by some people in her neighborhood.

Illinois has a law now that restricts sexual predators from communicating with children over the internet but the one filed last week in Springfield would expand the law to include any and/or type of potentially damaging communication on the Internet with a minor. It would make it a felony for an adult to have any electronic communication that “demonstrates a knowing disregard for the health, safety and welfare” of the minor.
Megan Meier’s Mother, Tina Meier, has been lobbying in the state of Missouri to help get a cyber bulling law passed there.

Work-From-Home job turns out to be Scam

An Illinois Woman thought she e found the ideal job. The stay-at-home mother could raise her toddler and bring in an extra income for the family. She only had to receive packages in the mail and would resend them to the man overseas that hired her, After a few weeks, her employer, a man she knew as John Willner, asked her if she wanted to earn more money by receiving money orders and re-mailing them to him. She had no idea that she was now a victim of a scam.
The merchandise in the packages she was sent were bought with stolen credit cards. The money orders were sent by people duped by a Web site created by a fictional seller of small electronics.The packages and money reached addresses in Russia and Kyrgyzstan. Most likely a fake name and fake address as the websites are already down.
She found out only when she was contacted by the authorities regarding stolen credit cards. Luckily she was able to prove that she was a victim of this scam since she truly believed she was being hired by a legitimate company to work from home. She had replied to an ad for a “Work from Home” job from the internet.
This is happening all over and they tend to target stay at home parents. Apparently Nigeria, Kazakhstan, Russia and Canada are among popular locations for scammers to ship goods bought with stolen credit cards.
Scammers know it’s difficult to convince Americans to send money orders to a person in Russia. And they know it’s a red flag for credit card companies if a U.S. cardholder suddenly buys high-end small electronics and ships them to an address in Kyrgyzstan. These particular people had placed their employment ad using the name of a well known parcel company. Remember if it sounds too good to be true it probably is!
//sources:AP, Panagraph

Two Killed and Four Wounded Colorado Shootings

A gunman killed two staff members at a missionary center early Sunday after being told he couldn't spend the night, and about 12 hours later four people were shot at a busy mega church in Colorado Springs.

Colorado Springs police said a suspect had been detained in the shootings at the New Life Church, but a church member who was locked down at the church Sunday afternoon said a security guard had shot and killed the gunman. Authorities in Arvada, a Denver suburb about 65 miles north, said no one had been captured in the shootings there.

It was not immediately known whether the shootings were related.

A gunman in a black trench coat and a high-powered rifle entered the church's main foyer about 1 p.m. and began shooting, according to the church member, who spoke to the Associated Press on condition of anonymity because the police department had asked that it release all information.

The church's 11 a.m. service had recently ended, and hundreds of people were milling about when the gunman opened fire. Nearby were parents picking up their children from the nursery.

The gunman was killed by a member of the church's armed security staff, the source said. Four people were shot, and the source did not know whether the shooter was one of the four. A SWAT team was searching the building for an explosive device, but the source could not confirm any details. Three people were taken to the hospital in Colorado Springs, where they were listed in critical, fair and good condition, said a hospital spokeswoman.

A man and a woman were killed and two men were wounded, Medina said. All four were staff members with the center, said a Colorado Springs-based spokesman with Youth With a Mission.

Arvada Police Chief said the suspect spent several minutes speaking with people inside the dorm. Peter Warren, director of Youth With a Mission Denver, said the man asked whether he could spend the night. Several youths called on Tiffany Johnson, the center's director of hospitality.

"The director of hospitality was called. That's when he opened fire," Warren said. Johnson, 26, was killed.

Warren said he didn't know whether any of the students or staff knew the gunman. "We don't know why" he came to the dormitory, Warren said.

Witnesses told police that the gunman was a 20-year-old white male, wearing a dark jacket and skull cap, who left on foot. He may have glasses or a beard.

Police with dogs searched the area through the night, and residents of nearby homes were notified by reverse 911 to be on the lookout. Medina said residents were asked to look out their windows for any tracks left in the snow during the night. About 4 inches of snow had fallen in the area in the past day.

New Life Senior Pastor Brady Boyd said security at the church had been beefed up after the shootings in Arvada, but he did not elaborate and did not take questions.

"Fortunately for New Life Church, we had a plan in place that was put into play immediately," he said. "Our prayers right now are for the people that were injured and their families.

The New Life church is one of Colorado's largest with about 10,000 members.

In addition to Johnson, killed in Arvada was Philip Crouse, 23. Youth With a Mission said Johnson was from Minnesota and Crouse was from Alaska.

The missionary center identified the wounded as Dan Griebenow, 24, of South Dakota, and Charlie Branch, 22, whose hometown wasn't immediately known. One of the men was in critical condition, and the other was stable, police said.

About 45 people were evacuated from the Youth with a Mission dormitory and moved to an undisclosed location.

Judge Orders Woman's Frozen Cats Returned

A Boston Judge said that a woman who had 60 frozen cats in her apartment can keep two that were seized by the city. Cat breeder Heidi Erickson was charged with animal cruelty after officials found five malnourished cats, one malnourished dog and more than 60 dead cats in her apartment in 2003. While the criminal case against her was pending, a judge ordered that four live cats and two dead cats that had been seized by the city be returned to Erickson.

Something To Make You Smile

Teacher Arrested for Blog Comment

MADISON, Wis. -- Bloggers and free speech advocates are calling on prosecutors not to file charges against a teacher arrested for allegedly posting an anonymous comment online praising the Columbine shooters. Some were disturbed by the post police say the teacher left on a conservative blog, but other observers said it was a sarcastic attempt to discredit critics of education spending. The suburban Milwaukee high school chemistry teacher was arrested last week for the Nov. 16 comment left on a blog on Wisconsin politics. The comment, left under the name "Observer," came during a discussion over teacher salaries after some commenters complained teachers were under worked and overpaid. He allegedly wrote that teacher salaries made him sick because they are lazy and work only five hours a day. He praised the teen gunmen who killed 12 students and a teacher before committing suicide in the April 1999 attack at Columbine High School

."They knew how to deal with the overpaid teacher union thugs. One shot at a time!" he wrote, adding they should be remembered as heroes.

. The comment disturbed at least one teacher, who called police in West Bend, 40 miles north of Milwaukee and home of the blog's administrator Police traveled to arrest the teacher at his home, last week after the blogger gave them the anonymous poster's IP address. He was released on $350.00 bail.

The Washington County District Attorney is considering whether to charge the teacher with disorderly conduct and unlawful use of computerized communication systems.

Source: R.Foley, AP

Inside a Juror's Mind! This is True and Hilarious!

This is a transcription of a handwritten letter from a juror to the judge during a civil trial. They deleted the juror's name and inserted paragraph spacing for reading convenience, but everything else (including errors) is reproduced faithfully.

Anyone who has ever sat through an entire trial can appreciate this poor juror's frustration. I assume the judge had to boot the juror, but was probably nodding while he read the missive, saying, "I'm with you, brother."

Your Honor

I am tired of spending day after day wasting my time listening to this bull crap. This is cruel and unusual punishment. The plaintiff is an idiot. He has no case. Why are we here? I think my cat could better answer these questions . . . and he wouldn’t keep asking to see a document.

I’ve been patient. I’ve sat in these chairs for 7 days now. If I believed for a second this was going to end on Thursday I might not go crazy. This is going to last for another 4 weeks. I cannot take this. I hate these lawyers and prayed one would die so the case would end.

I shouldn’t be on this jury. I want to die. I want to die!! Well not die for real but that is how I feel sitting here. I am the judge, you’ve said that over and over, well I am not fair and balanced. I hate the plaintiff. His ignorance is driving me crazy. I know I’m writing this in vain but I have to do something . . . for my sanity. These jury chairs should come with a straight jacket.

An entire day today and we are still on the same witness. The defense hasn’t even started yet and we have 3 days left 3 days my ass. Not that the defense needs a turn considering the plaintiff and his lawyer (who looks like the Penguin) have no case!!!! Thanks for letting me get this off my chest. Please keep the disordelies nearby. I may need them.

Juror #5

(Source: Lawhaha.com)

Women gets Death Penalty!

JACKSONVILLE, Fla. -- A jury has decided that a woman should be put to death for killing a retired Florida couple who were buried alive.

The jury deliberated for about 40 minutes last week before reaching its decision on Tiffany Cole, 25, who was among four people charged in the slaying of Reggie and Carol Sumner, both 61.

The couple were found buried in a shallow grave in Georgia near the Florida state line in July 2005. Cole and the others used the Sumners’ bank card and PIN number to withdraw money from their bank account, prosecutors said.

Defense attorney Greg Messore had showed jurors more than 100 photos of Cole to illustrate that the killing was an aberration in an otherwise meritorious life. Two Duval County jail corrections officers described her as a model inmate who volunteers to clean the jail and pass out meals.

Circuit Judge Michael Weatherby has the final say in Cole’s sentencing, but Florida law says he must give great weight to the jury recommendation. Cole could be sentenced to life in prison without parole instead. A sentencing date has not been set.

Cole met the Sumners in Ladson, S.C., where her stepfather was their neighbor. The Sumners had recently moved to Jacksonville.

Also convicted in the crime were: Cole’s boyfriend, Michael Jackson, who has been sentenced to death; Alan Wade, for whom a jury has recommended the death penalty; and Bruce Kent Nixon, who pleaded guilty to second-degree murder, robbery and kidnapping after leading police to the bodies.

By agreeing to testify against the rest, Nixon avoided the death penalty and faces 52 years to life in prison.

Sperm Donor Ordered To Help Pay Child's College Costs

NEW YORK -- A New York man who said he donated sperm to a female co-worker as a friendly gesture — and then sent presents and cards to the child over the years — is legally considered the father and may have to pay child support for the college-bound teenager, according to a judge’s ruling.“What’s the saying? No good deed goes unpunished,” said Deborah Kelly, a lawyer for the man, who acknowledged that he is named as the father on the child’s birth certificate.Like all the involved parties, the man remains anonymous because of privacy concerns.Nassau County Family Court Judge Ellen Greenberg ruled on Nov. 16 that despite the mother’s willingness to have the child’s DNA tested, the man was barred from seeking a paternity test to determine if he is truly the father because the results could have a “traumatic effect” upon the child, who is now 18 years old and lives in Oregon with the mother. The next step is a meeting with a support magistrate to determine the amount of child support payments — if any — the man would have to pay until the teen turns 21, Kelly said.The magistrate will determine child support based on the mother’s earning capacity; the reported income of her female partner; and the income of the father.Even without genetic evidence, the man’s interactions with the child over the years had a patriarchal nature, said Jeffrey Herbst, an attorney who represents the mother in the lawsuit through a federal agreement called the Uniform Interstate Family Support Act.“It’s still a parental relationship,” Herbst said.According to the man’s testimony, in the late 1980s he was a physician at the same Nassau County hospital where the child’s mother was a resident. After learning the woman and her female partner wanted to have a baby, the man donated his sperm and the woman gave birth on July 26, 1989. Married at the time, the man agreed that he would not have any rights or benefits in raising the child, but the verbal agreement was never put in writing, according to court documents.Still, he took the unusual step of allowing his name to appear on the child’s birth certificate because he thought it was in the child’s “best interests that he would have an identity when he grew older,” he said in court documents.Before the mother, her partner, and the child moved to Oregon in 1993, the man had contact with the child, according to court documents. He also sent the child money, gifts, and cards and letters signed “Dad” or “Daddy,” and spoke to him by phone about seven times in the past 15 years.That correspondence, coupled with an affidavit from the child stating that he “has never known anyone other than (the man) to be his father,” is enough for a parental relationship, according to Herbst.“The fact of the matter is that he held himself out as the child’s father for 18 years until he asked for DNA testing,” Herbst said.In the murky legalities of artificial insemination by a known donor, the best protections are to have everything in writing and “do your homework,” said reproductive lawyer Melissa Brisman of Park Ridge, N.J.“You can’t be half a father, and half a not, under the law,” she said.But the man’s trust was abused, his lawyer said.“The doctor was told this is how it’s going to be,” Kelly said. “And 18 years later, you end up dealing with something that you didn’t know you were going to deal with. Sometimes people aren’t really thinking about the legal ramifications.”

Legal Note

Although spouse claiming permanent alimony must show he or she was not at fault in breakup of marriage, that spouse need not be totally blameless in marital discord.
Wagner v. Wagner, 686 So.2d 946 (1997)
"Source: West Law"

To All Kids Who Survived The 1930's, 40's, 50's, 60's, and 70's

First, we survived being born to mothers who smoked and/or drank while
they were pregnant.

They took aspirin, ate blue cheese dressing, tuna from a can, and
didn't get tested for diabetes.

Then after that trauma, we were put to sleep on our tummies in baby
cribs covered with bright colored lead-based paints.

We had no childproof lids on medicine bottles, doors or cabinets and
when we rode our bikes, we had no helmets, not to mention the risks we
took hitchhiking.

As infants & children, we would ride in cars with no car seats,
booster seats, seat belts or air bags.

Riding in the back of a pick up on a warm day was always a special treat.

We drank water from the garden hose and NOT from a bottle.

We shared one soft drink with four friends, from one bottle and NO ONE
actually died from this.

We ate cupcakes, white bread and real butter and drank Kool-aid made
with sugar, but we weren't overweight because WE WERE ALWAYS OUTSIDE
PLAYING!

We would leave home in the morning and play all day, as long as we
were back when the streetlights came on.

No one was able to reach us all day.
And we were OK.

We would spend hours building our go-carts out of scraps and then ride
down the hill, only to find out we forgot the brakes. After running
into the bushes a few times, we learned to solve the problem.

We did not have Playstations, Nintendo's, X-boxes, no video games at
all, no 150 channels on cable, no video movies or DVD's, no
surround-sound or CD's, no cell phones, no personal computers, no
Internet or chat rooms....... .WE HAD FRIENDS and we went outside and
found them!

We fell out of trees, got cut, broke bones and teeth and there were no
lawsuits from these accidents.

We ate worms and mud pies made from dirt, and the worms did not live
in us forever.

We were given BB guns for our 10th birthdays, made up games with
sticks and tennis balls and, although we were told it would happen,
we did not put out very many eyes.

We rode bikes or walked to a friend's house and knocked on the door or
rang the bell, or just walked in and talked to them!

Little League had tryouts and not everyone made the team. Those who
didn't had to learn to deal with disappointment. Imagine that!!

The idea of a parent bailing us out if we broke the law was unheard
of. They actually sided with the law!

These generations have produced some of the best risk-takers, problem
solvers and inventors ever!

The past 50 years have been an explosion of innovation and new ideas.
We had freedom, failure, success and responsibility, and we learned
HOW TO DEAL WITH IT ALL!

If YOU are one of them, CONGRATULATIONS!

You might want to share this with others who have had the luck to grow
up as kids, before the lawyers and the government regulated so much of
our lives for our own good.

While you are at it, forward it to your kids so they will know how
brave (and lucky) their parents were.

Kind of makes you want to run through the house with scissors, doesn't
it?!
(Source: Paralegals@yahoogroups.com)

Legal Humor

Not every defiant act by high school student is constitutionally protected "speech."

Bivens By and Through Green v. Albuquerque Public Schools, 899 F.Supp. 556 (1995)

She Can't Sue Her Father for Back Support!

The adult daughter of a failed marriage should not be able to sue her father to enforce a child support provision from her parents' property settlement agreement that would benefit her directly, the Pennsylvania Supreme Court has ruled unanimously in a case of first impression.
However, the six justices that heard Chen v. Chen split as to whether the result should be based on contract law or public policy grounds.
Two justices argued the majority should not have pointed to public policy concerns in their opinion, while two other justices reasoned that the public policy questions raised by the case amounted to the matter's essential issue.
In so holding, the justices reversed both a Northampton County, Pa., trial court and a three-judge panel of the Superior Court.
The Superior Court panel had ruled in December 2003 that Richard Chen should have been obligated to supplement his $25-per-week child support payments to daughter Theresa in accordance with raises in his salary during the time she was growing up. The panel affirmed the trial court's order that Richard pay $59,292 in resulting arrearages to Theresa, who was born in 1982.
But the Supreme Court majority in Chen, while noting that Pennsylvania contract law precedent supported a reversal of the Superior Court, focused on the practical aspects of child-rearing in modern America.
"As a society, we allow parents to make decisions concerning how to allocate their incomes between savings and spending, between themselves and their children, and between individual children," Justice Max Baer wrote on behalf of the majority. "While parents may include their children in discussions of expenditures, especially as children age, the final decision regarding the family's budget is for the parent or parents."
Baer was joined by Justice Sandra Schultz Newman.
In a separate opinion, Justices Thomas G. Saylor and J. Michael Eakin asserted the majority did not need to rely exclusively on the contract law issues in the case, and the public policy concerns raised were more vital.
Chief Justice Ralph J. Cappy and Justice Ronald D. Castille, however, wrote in concurring opinions that Chen could be easily decided on contract law bases alone and that the public-policy concerns need not have been addressed by the majority.
Richard Chen and former wife Wheamei Jenq Chen were married for six years while both were students at Lehigh University. According to opinions filed in Chen, the couple had two children before separating: a son, born in 1978, and Theresa, born in February 1982. After their divorce, the son went to live with Richard, while Theresa remained in Wheamei's custody.
Pursuant to the child support provision of their property settlement agreement, Richard agreed to pay $25 per week to Wheamei for Theresa's support, and he also submitted to having his payments increased following any salary raises in conjunction with the Northampton County Domestic Relations Guidelines.
Wheamei has never sought support increases; she later stated that their marriage ended due to physical abuse and that she was afraid of Richard. According to the opinions, Wheamei sought child support arrearages in April 2000. After her 18th birthday, Theresa petitioned to intervene in Wheamei's action in May 2000. The trial court deemed Theresa an appropriate third-party beneficiary and awarded her arrearages in June 2002 following a nonjury trial. (Wheamei withdrew her petition before the trial began).
The Superior Court, in a lead opinion penned by now-President Judge Kate Ford Elliott, affirmed.
In his majority opinion, which was filed Monday, Baer wrote that the justices' contract law analysis of Chen centered on Section 302 of the Restatement (Second) of Contracts, which was adopted into state law by the Pennsylvania Supreme Court in its 1983 decision in Guy v. Liederbach.

Early Child Custody Advice. Why You May Need It .

The demand for child custody advice has risen dramatically overthe last 40 years. The reason for this sharp increase forinformation is that more and more married couples are seekinglegal separation or divorce. This can mean a great deal of painfor children involved – unless the parents can keep their"fight" away from their children's eyes and ears. It also pointsto the great need for good legal advice for each parent. It seems that most parents would agree that the most gutwrenching, and heartbreaking consequence of divorce is decidingthe details of the custody of their children. The parents maynot love each other anymore but, they still strongly love theirchildren and feel a need to protect them – this means a need tophysically be with them, and that means wanting custody. As a result then, in cases of marital dispute, the custody ofthe children becomes paramount in the minds of the parents. Dueto the high emotional pain this decision can inflict, it canquickly take the separation or divorce from an amicablediscussion, to one of very heated strife. A good lawyer, who considers not just the end result ofcustody, but also the welfare of the children during the courtproceedings, should do his/her best to shelter the children fromthe pain of the custody battle. It is important for parents tokeep in mind that the end (custody) doesn't always justify themeans (painful battling where the child suffers). Despite the common sense notion to keep the kids out of itthough, many parents will blindly do "whatever it takes". In theworse case scenario then, tragically, the children can become aweapon used by the parents to inflict hurt and pain on eachother. Unfortunately, when this occurs the children may wellbecome the most traumatized mentally and emotionally of allconcerned. When this occurs, the parents should seek the adviceof qualified professionals, to guide them in providing help forthe children. Fortunately most children are very resilient, but even thestrongest may need additional help from all concerned in thedivorce or separation. The parents need to remember that theyare the primary caregivers for the children whether they aremarried or not. This means using good lawyers who don't need toslander and torture the other spouse to reach a reasonablesettlement. It's also a good idea, where possible, to get legal advicebefore a separation occurs. If one is considering a separationor divorce, a visit to a lawyer can often be very helpful inknowing one's rights. Advice about who will likely get whatbased on your current living situation an financial ability canbe quiet enlightening and also can prevent simple mistakes. For example, the parent living in the family home can be morelikely to get custody of the children. Whether this is the casein your state or province is very important to note if you arethinking of "moving out" and letting your spouse keep the home.What may seem like a kind gesture may come back to bite youlater. Early child custody advice can prevent such mistakes fromhappening.

Background Criminal Report - The Shocking Truth

A background criminal report is a tool which is used by many
employers, local and federal government, corporations and
private individuals to protect their families, themselves and
their property from the criminal element. It is generally
understood, by the majority of the public, it is a simple matter
to obtain this information from the local and federal
government. However, that is not quite true. The purpose of this
dissertation is to provide a better understanding of what may be
involved.

One of the reasons people tend to believe it is a simple
matter, to obtain the lawbreaking history of an individual, is
due to the entertainment industry and the World Wide Web. This
industry includes the movies, T.V. shows and books. The majority
of these shows and books portray someone using a computer to
access the internet and gaining access to some type of national
database, which has a file on every lawbreaker in the United
States. Frankly, that image is not quite true.

Yes! It is true the United States Government maintains a
national database called the Interstate Identification Index
(better known by the acronym Triple-I). And in fact the Triple-I
contains information on people who have broken the law. However,
the index is maintained by the F.B.I and access is limited to
state and federal law enforcement agencies. It should also be
understood, unless the federal, state, county and city
governments have submitted the information to Triple-I, the
offenders will not be in the database. Since access is limited
to law enforcement, the general public must use other means at
its disposal.

Background criminal reports can be found by searching federal,
state, county and city records. Each of these entities may have
different laws for gaining access to the records. Consequently,
it may become quite complicated when multiple jurisdictions are
going to have to be checked. However, there is one thing the
majority of them have in common, each of these entities maintain
a web site, with the criminal information, which the public can
access.

To help you get an accurate background report on the individual
you are investigating, there are several things that will be
critical to your investigation. One of the first steps you must
take is to do a thorough one on one interview with the party
concerned. The absolute minimum amount of information, you
should extract, is the full name, date of birth, social security
number and the addresses where the party of the investigation
has resided for the last seven years. This information will
determine that you indeed are getting the correct information on
the right person.

The next step which must be determined is if the investigating
party is going to conduct the criminal records investigation or
if a professional investigative agency will be utilized.
Frankly, if the investigating party is pressed for time a
professional agency may be the best way to go.

Once the information has been received from the investigation a
determination can be made as to the character of the person
being investigated. Only then will you know who you are really
dealing with!