Saturday, December 20, 2014

Just Saying Hi

Just dropping off a line and saying hello to my friends and supporters.

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Friday, December 19, 2014

Cheaterville, Credit Report?

Experian Information Solutions, Inc. 

Indexing (details)

Company type
Publication title
Experian Commercial Risk Database
Publication year
Publication date
Jan 11, 2014
Experian Information Solutions, Inc.
Place of publication
Costa Mesa
Country of publication
United States
Publication subject
Business And Economics
Source type
Language of publication
Document type
Company Profile
Accession number

Experian Information Solutions, Inc.


On Jay Leiderman Law

Eric J. Lindgren, Taylor L. Emerson (just dropping this off for later so that I can search these clowns next)


THE PEOPLE, Plaintiff and Respondent, v. MALCOLM DAMIEN HANSON, Defendant and Appellant.

No. B254567


2014 Cal. App. Unpub. LEXIS 8991

December 18, 2014, Opinion Filed

Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

CORE TERMS: prison, public safety, prisoner, inmate, unreasonable risk, prosecutor, sentence, felony, clothing, dangerousness, preponderance, resentencing, discipline, religious, battery, street, abused, riot, van, attempted robbery, prison terms, exculpatory testimony, disciplinary record, disciplinary actions, juvenile record, correctional officer, judicial notice, brother-in-law, participating, unconvincing

Malcolm Damien Hanson appeals an order denying his petition for resentencing pursuant to Proposition 36, the Three Strikes Reform Act of 2012 ("the Act"). (Pen. Code, § 1170.126.)[1] We conclude that the trial court did not abuse its discretion by determining that Hanson would pose an unreasonable risk of danger to public safety, and affirm. (Id. [*1] , subd. (f).)
On December 18, 1998, a jury convicted Hanson of assault by means of force likely to produce great bodily injury, and battery with serious bodily injury. (§§ 245, subd. (a)(1), 243, subd. (d).) Thereafter, Hanson admitted suffering two prior serious felony strike convictions (robbery and attempted robbery, each committed in 1992), and serving two prior prison terms. (§§ 667, subd. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b).) On March 11, 1999, the trial court struck the two prior prison term allegations and sentenced Hanson to 25 years to life in prison pursuant to the three strikes law. (Ibid.)
Hanson appealed. On April 3, 2000, we affirmed the judgment. (People v. Hanson (Apr. 3, 2000, B130338) [nonpub. opn.].)[2] Our opinion describes Hanson's criminal offenses as follows:
"At approximately 2:45 a.m. the morning of October 15, 1996, Michael McDonald left his Moorpark home and walked to his van to drive [*2]  to work. As he opened the van door, he noticed a man standing across the street. The man, dressed in black clothing and wearing a black ski mask, ran toward McDonald. At the same time, another man dressed in black clothing came toward McDonald from the back of the van.
"Fearing that he would be 'jumped,' McDonald braced himself. The two men punched and struck McDonald, who attempted to defend himself. They knocked McDonald to the ground and kicked him in the head. One man covered McDonald's mouth with his hand. McDonald believed that he was being suffocated and bit off a part of the attacker's small finger.
"McDonald's screams awakened neighbor John Figueroa. Figueroa looked outside and saw two men 'kicking and throwing blows' at McDonald. Figueroa yelled, 'Hey, what's going on?' and the attackers fled.
"Neighbors summoned police officers. Within an hour, the officers learned that a man with a bite wound was at the emergency room of Ventura County Medical Center.
"When police officers arrived at the hospital, they found defendants Hanson and [Antonio] Miranda. Hanson was receiving treatment for an injured finger. A black ski mask was on the walkway to the hospital emergency room.
"Miranda [*3]  sat inside an automobile parked in the hospital parking lot. He wore dark clothing and had a swollen abrasion on his forehead. Inside the car, officers found identification for Hanson and a black beanie, marked 'Gracie Jiu-Jitsu.'
"Police officers returned to McDonald's residence. They found a human fingertip in the street near his home. At trial the parties stipulated that it was Hanson's fingertip.
"The clothing worn by Miranda contained bloodstains. They were consistent with McDonald's blood type, but not that of Hanson or Miranda.
"Hanson and Miranda are former brothers-in-law of McDonald. McDonald and his wife divorced recently and animosity exists between family members.
"McDonald suffered abrasions, contusions, a scratched eye, and cuts from the attack. A small cut on the left side of his head required four or five sutures to close. A tooth became dislodged during the attack because the bone covering the root area was fractured. An oral surgeon replaced and stabilized it but the prognosis is uncertain.
"Miranda testified that he went to McDonald's home that early morning to speak with him. He stated that he used martial arts techniques to subdue McDonald after McDonald swung [*4]  at him several times. Miranda, a Ventura County corrections officer, explained that he was trained and accomplished in the martial arts, including karate, boxing, and tae kwon do.
"Miranda abandoned his efforts to subdue McDonald because it 'was not going well.' Hanson then 'engaged' McDonald and Miranda saw Hanson's hand in McDonald's mouth. Afterwards, Miranda and Hanson ran to the car and drove to the hospital for medical assistance."
Petition to Recall Three-Strike Sentence
On December 7, 2012, Hanson filed a petition in the trial court to recall his three-strike sentence and resentence him as a second strike offender pursuant to the Act and section 1170.126. The prosecutor opposed the petition. The court held an evidentiary hearing during which Hanson testified, and it received written and oral argument. The court denied the petition, after concluding that resentencing Hanson would pose "an unreasonable risk of danger to public safety." (Id., subd. (f).) In his written ruling, the trial judge stated that Hanson's commitment offenses "are part of a disturbing pattern of physical violence and anger by the petitioner dating back to his youth and continuing during his confinement in state prison." [*5]  The judge also described Hanson's exculpatory testimony regarding his prison disciplinary record as "unconvincing."
Hanson appeals and contends that 1) the prosecutor did not establish dangerousness by a preponderance of the evidence, and 2) the trial court abused its discretion by denying his resentencing petition.
Hanson asserts that the prosecutor did not establish dangerousness by a preponderance of the evidence. (People v. Flores (2014) 227 Cal.App.4th 1070, 1075-1076 [standard of proof in section 1170.126 recall proceeding].) He contends that his juvenile record is remote in time, his prison discipline records concern "minor fights" ("[p]rison caused the fights, not [Hanson]"), and that he did not initiate any prison violence.
Hanson also argues that the trial court abused its discretion in weighing the section 1170.126, subdivision (g) factors. He relies upon his testimony that he practices religious fellowship, counsels young inmates against criminal street gangs and drugs, and intends to live a law-abiding life. He points out that he did not receive any prison discipline until authorities transferred him to a maximum security prison in 2005. Hanson adds that he is victimized by other inmates because he is bi-racial. In his testimony, Hanson explained extenuating circumstances [*6]  regarding his six disciplinary actions -- battery upon a correctional officer, battery upon an inmate, obstructing a peace officer, participating in a riot (two incidents), and fighting with an inmate. He also explained that he has an offer of future employment and housing and that his victim, his former brother-in-law, supports his release.
The Act provides a means by which a prisoner serving a 25-years-to-life sentence pursuant to the three strikes law for a third strike that is not a serious or violent felony may seek court review of his indeterminate sentence. (People v. Flores, supra, 227 Cal.App.4th 1070, 1074.) Depending upon his circumstances, the prisoner may be resentenced as though he had only one prior serious or violent felony conviction. (Ibid.) A prisoner may not be resentenced as a two-strike offender, however, if he presents "'an unreasonable risk of danger to public safety.'" (Ibid.)
The trial court possesses discretion in applying the public safety exception of section 1170.126, subdivision (f). (People v. Flores, supra, 227 Cal.App.4th 1070, 1075-1076.) In exercising its discretion, the court may consider the prisoner's criminal history, disciplinary record and rehabilitation, and any other relevant evidence. (§ 1170.126, subd. (g)(1)-(3).) In our review, we determine whether the court has abused its discretion in finding that [*7]  the prisoner poses an unreasonable risk of danger to public safety. (Flores, at pp. 1075-1076.)
The prosecutor established Hanson's dangerousness by a preponderance of the evidence. Hanson has led a life of crime as evidenced by his juvenile record, prior felony convictions for robbery and attempted robbery, and parole status at the time he committed the underlying offenses. His prison disciplinary record reflects six incidents, including fighting with other inmates and participating in a riot on two occasions. The record of the disciplinary actions, as set forth in the exhibits at trial, reflects that correctional officers deployed stun grenades and pepper spray to quell the riots.
Hanson has not met his burden of establishing that the trial court's ruling is irrational, arbitrary, or unreasonable. The trial court considered Hanson's exculpatory testimony regarding his prison discipline, but concluded the testimony was "unconvincing." The court also noted that Hanson's testimony regarding his religious conversion was similar to his statements of religious faith expressed at his 1999 sentencing hearing. In addition, the court considered the statements of Hanson's family and friends requesting leniency, [*8]  but rejected the view that the crimes were "a misguided but noble attempt to protect a loved one." Moreover, the objectives of the criminal law include deterring an individual from committing injurious acts that harm others or their property, and expressing society's condemnation of such acts through punishment. (People v. Roberts (1992) 2 Cal.4th 271, 316.) In our review, we do not substitute our discretion for that of the trial court.
The order is affirmed.
We concur:
Matthew Guasco, Judge
Superior Court County of Ventura

Law Offices of Jay Leiderman, Jason S. Leiderman, Eric J. Lindgren for Defendnt and Appellant.
Kamala D. Harris, Attorney General, Lance E. Winters, Senior Assistant Attorney General, Noah P. Hill, Mary Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.
[1] All further statutory references are to the Penal Code.
[2] We take judicial notice of the former appellate record. (In re Reno (2012) 55 Cal.4th 428, 484 ["Petitioners need not separately or specifically request judicial notice of all documents connected with their past appeals"].)


Some Bullyville (HATE SPEECH) Article Mentions

Revenge porn king sells site to BullyVille
The Age (Melbourne, Australia), April 24, 2012 Tuesday, NEWS; Pg. 4, 319 words
Bullyville Inc, Zoom Company Information, November 2014
The New Nice: Even the formerly mean are for it
The Globe and Mail (Canada), April 24, 2012 Tuesday, THE GLOBE REVIEW COLUMN; POP ROCKS; Pg. R3, 730 words, LYNN CROSBIE
Wolf keeps 'em private
MX Brisbane (Queensland, Australia), April 24, 2012 Tuesday, MX; Pg. 13, 97 words
1D girl quits her Twitter
MX (Australia), April 24, 2012 Tuesday, GOSSGLAM; Pg. 13, 180 words
Sydney MX (Australia), April 24, 2012 Tuesday, FEATURES; Pg. 13, 178 words, Edited by JANE WATKINS
The revenge game; Think twice before sending saucy photos to your lover. If the relationship sours and you've got a hurtin' heart, Hunter Moore, dubbed the most 'hated man on the Internet,' is your guy, Julie Beun writes
Ottawa Citizen, January 5, 2013 Saturday, LIFE; Pg. J1 , 1180 words, Julie Beun, Ottawa Citizen
Check it out
Lincoln Journal Star (Nebraska), October 5, 2007 Friday, C; Pg. 1, 818 words, LINCOLN JOURNAL STAR
Porn site owner ordered to pay damages over paedophile claim
Progressive Media - Company News, March 12, 2013 Tuesday, FOOD PACKAGING; New media and search, 203 words
Copyright © 2014 New York University School of Law. All Rights Reserved. New York University Journal of Intellectual Property & Entertainment Law, Spring, 2014, New York University Journal of Intellectual Property & Entertainment Law, 3 N.Y.U. J. of Intell. Prop. & Ent. Law 422, 10495 words, NOTE: USING COPYRIGHT TO COMBAT REVENGE PORN, AMANDA LEVENDOWSKI *
Revenge porn: caught in a web of spite
Sydney Morning Herald (Australia), October 7, 2013 Monday, FOCUS; Pg. 11, 1549 words, Mark White
'Touch' captures the complexity, contradictions of young teens
Tulsa World (Oklahoma), July 26, 2009 Sunday, Scene; Pg. G5, 334 words, GLENN C. ALTSCHULER
The Bismarck Tribune, May 12, 2012 Saturday, WIRE; Pg. 2A, 804 words
It's not easy being mean; Actress Becca Tobin channels her own experiences with high school bullies while playing the role of Kitty on Glee
The Vancouver Sun (British Columbia), January 5, 2013 Saturday, ARTS & LIFE; Pg. E2, 575 words, Julie Beun, Postmedia News
From St. Barts to Safaris, How Hollywood Spent Its Holiday Vacation, January 2, 2013 Wednesday, NEWS; TAG, 1711 words, Lindsay Flans
It's not easy being mean; Actress Becca Tobin channels her own personal experience with school bullies while playing the role of Kitty on Glee
Ottawa Citizen, January 5, 2013 Saturday, LIFE; Pg. J1 , 574 words, Julie Beun, Ottawa Citizen
HOW TO STAMP OUT REVENGE PORN; GENERATION PORN Women are fighting back against former partners who post sexually explicit pictures and videos of them online, writes Katie Glass CAMPAIGN
The Sunday Times (London), June 30, 2013 Sunday, FEATURES; Pg. 18, 1693 words, Katie Glass
HOW TO STAMP OUT REVENGE PORN; Women are fighting back against former partners who post sexually explicit pictures and videos of them online, writes Katie Glass
The Sunday Times (London), June 30, 2013 Sunday, FEATURES; Pg. 20, 1695 words, Katie Glass
HOW TO STAMP OUT REVENGE PORN; Women are fighting back against former partners who post sexually explicit pictures and videos of them online, writes Katie Glass
The Sunday Times (London), June 30, 2013 Sunday, FEATURES; Pg. 12, 1696 words, Katie Glass
Claire Black's week : "The Middletons don't deserve a badge, even if it's only one between two
Scotland on Sunday, April 22, 2012, Sunday, Pg. 4, 554 words, Claire Black
Stung Badly by the Queen Bee
The Washington Post, September 26, 2008 Friday, STYLE; Pg. C03, 735 words, Marguerite Kelly; Special to The Washington Post
KIDSVILLE. Cool authors and a hip rep help young adult novels make the grade
Daily News (New York), December 16, 2007 Sunday, SUNDAY NOW; Pg. 19, 715 words, BY SHERRYL CONNELLY
Operation Discreditation: Chr├ętien moves in for the kill
The Globe and Mail (Canada), January 27, 2005 Thursday, COMMENT COLUMN; Pg. A23, 715 words, LAWRENCE MARTIN
World in Brief
Brattleboro Reformer (Vermont), May 12, 2012 Saturday, NEWS, 1572 words
South Bend Tribune (Indiana), November 13, 2007 Tuesday, NEWS; Pg. E2, 802 words

I opened link to revenge porn site. The girl having sex... was ME; CALL FOR LAW TO ACT ON VILE WEB ORDEALS LIKE LAUREN GOODGER'S
The Sun (England), July 31, 2014 Thursday, NEWS; Pg. 12,13, 1430 words, AMY JONES
Rauhauser v. McGibney, NO. 02-14-00215-CV, COURT OF APPEALS OF TEXAS, SECOND DISTRICT, FORT WORTH, 2014 Tex. App. LEXIS 13290, December 11, 2014, Delivered
Copyright (c) 2014 T.C. Williams School of Law University of Richmond  Richmond Journal of Law & Technology, 2014, Richmond Journal of Law & Technology, 20 Rich. J.L. & Tech. 14, 10489 words, ARTICLE: IT'S TIME FOR REVENGE PORN TO GET A TASTE OF ITS OWN MEDICINE: AN ARGUMENT FOR THE FEDERAL CRIMINALIZATION OF REVENGE PORN, Taylor Linkous
Copyright (c) 2013 Board of Trustees of the Leland Stanford Junior University Stanford Technology Law Review, Winter, 2013, Stanford Technology Law Review, 16 Stan. Tech. L. Rev. 369, 28609 words, ARTICLE: IT'S ABOUT TIME: PRIVACY, INFORMATION LIFE CYCLES, AND THE RIGHT TO BE FORGOTTEN, Meg Leta Ambrose *