Michael R. Branum

Final Ironman post, I promise. Only 17 days until I do my best not to drown, crash, or quit. My fundraising ends in three days on April 22nd. I thank those who have donated and appreciate any support! The Ironman Foundation supports a ton of worthy charities in the communities where Ironman events are held around the world.

IRONMAN Foundation The IRONMAN Foundation is a community that creates positive, tangible change in our race communities through grant funding and volunteerism.

https://www.militarytimes.com/news/pentagon-congress/2020/07/22/va-would-be-forced-to-add-three-illnesses-to-agent-orange-presumptive-list-under-senate-passed-plan/?utm_source=Sailthru&utm_medium=email&utm_campaign=EBB%2007.23.20&utm_term=Editorial%20-%20Military%20-%20Early%20Bird%20Brief
Our Viet Nam veterans have suffered unrecognized long enough. I hope the House will rapidly pass the bill with this provision intact so it can be placed on the President's desk. Then we just have to force the VA to abide by the law.

VA would be forced to add three illnesses to Agent Orange presumptive list under Senate-passed plan The proposal, attached to the annual defense authorization bill, would add bladder cancer, hypothyroidism and Parkinson’s-like symptoms to the list.

While I understand CBD and h**p being legal is relatively new, it is hard to imagine an employer not taking the time to fully research the issue before terminating someone they know has MS and has been open about using CBD. I cannot imagine a jury, in Texas or anywhere else, who would not award this woman some cash.

San Antonio woman's CBD use leads to firing, lawsuit Drug counselor Melanie Farr took CBD oil to help with her multiple sclerosis. She purportedly failed a drug test and was fired. She’s now suing her employer for failing to provide her a “reasonable accommodation” in violation of the Americans with Disabilities Act.

As an attorney, I am dismayed at the frivolous nature of this lawsuit. As a healthcare provider, I would encourage you to wash your hands. Hand sanitizer is a great option for hand hygiene when soap and water are unavailable. This appears to be a battle of federal agencies. The FDA chastising Purell for "false" claims while the CDC is encouraging everyone to practice good hand hygiene.

Lawsuit against hand sanitizer complains that killing 99.99% of germs won't prevent disease The maker of Purell hand sanitizer is misleading the public about the benefits of the product in protecting against the spread of illness, according to a consumer class-action federal lawsuit.

As if the burn pits were not bad enough.

Military showers had cyanide at ‘black goo’ base. New bill could help those veterans Special operations forces to testify before Congress about how hundreds of them now have cancer after serving at toxic base.

Okay Facebook friends, acquaintances, family, and anyone who falls outside the aforementioned categories: it's Best of Southern Utah time again! My firm, Gallian Welker & Beckstrom, was recognized in two categories last year. It would be great to once again be recognized. GWB is nominated in multiple categories including: Criminal Law, Estate Law, Family Law, Law Firm, and Personal Injury Law. I would appreciate any and all votes you can take the time to submit. You may vote once per category per day per device through March 15th.

Homepage - Best of Southern Utah Voting start in ... Voting Starts Here! Voting Starts Here! St. George welcomes thousands of participants to the 38th annual St. George Half MarathonJanuary 19, 20202021 Ironman 70.3 World Championship organizing committee prepares to welcome the worldJanuary 17, 2020‘Maybe it’s time to get on y...

Defense attorneys exist to ensure the police and the prosecution do their jobs correctly. This, is not it. Defense attorney - 1, phony theft charging police - 0.

State supreme court rules for man charged with theft for removing GPS planted on his car by cops The Indiana Supreme Court ruled Thursday for an Indiana man who was charged with theft for allegedly removing a GPS tracking device from his vehicle that had been planted there by officers.

Trooper loses his hat on a night-time traffic stop. Over a decade later, the legal battle continues.

Hat's off: Court reverses trooper firing over lost headgear RALEIGH, N.C. (AP) — A North Carolina state trooper shouldn't have been fired for losing his hat and lying about it, an appeals court ruled Tuesday in a case that's spanned a decade and multiple...

I am not perfect. I do not know what demons this man faced. I am just saddened that he threw his license away because of substance abuse and, in the process, made all lawyers look bad.

Daytona attorney who used trust fund to run strip club disbarred DAYTONA BEACH — The Florida Supreme Court has disbarred Brett Hartley, an attorney who was part-owner of a Daytona Beach strip club, for among other

Apparently the rights protected by the FOURTH Amendment are still somewhat sacred in our courts. Credit to the Kansas Federal Public Defender for these synopses.

Seizure: In United States v. Hood, a D.C. district court held that a defendant was seized when a uniformed and armed officer got out of his car, approached the defendant on foot, shined a flashlight at him, and told him to "hold on a sec." Because there was no reasonable suspicion justifying the detention, the firearm subsequently discovered in the defendant's waistband was suppressed.

Exigent Circumstances: In United States v. Rodriguez-Pacheco, the First Circuit held that the officers' warrantless entry into the defendant's home to investigate a domestic-violence allegation was unconstitutional. The court rejected the government's exigent circumstances justification, holding that the fact that the the defendant was a police officer who kept his service weapon at home did not justify the entry. The court noted that the defendant was unarmed, had not threatened violence, had no history of violence, and the gun was not connected to the crime being investigated. The information found from a search of the cellphone, camera and laptop seized during the entry was suppressed.

Warrant Overbreadth: In United States v. Burkhow, an Iowa district court held that a warrant authorizing the search of the defendant's entire Facebook account was overbroad, and exceeded the probable cause on which the warrant was based. The court noted that the warrant did not contain temporal limitations, or any restrictions to a specific type of account activity or interactions with specific people. "Given that social media profiles often contain a wide array of personal data spanning years, some restriction here was necessary to prevent a general rummaging beyond limiting seizure to the offenses being investigated."

Right to Observe the Police: In Chestnut v. Burds, the Eighth Circuit affirmed the denial of qualified immunity to a police officer who stopped, frisked, and handcuffed a bystander watching another police officer perform traffic stops. The court found there were genuine disputes of fact, such as whether the bystander was suspiciously "lurking" in the darkness, or whether he purposefully remained visible to the officers. The court also held that if the bystander was, as he says, visible and not interfering, then the officer clearly violated his "clearly established right to watch police-citizen interactions at a distance and without interfering."

Since I have had two prospective clients run afoul of the Mohave County Sheriffs Office in the past few weeks, I thought I would provide some education to those of you unaware of the rules on the nearby Arizona State Trust Lands. In the map, the light blue-green squares are Arizona State Trust Lands (https://land.az.gov/). From Saint George, if you pass under the parkway on River Road and do not turn left, you will find yourself in Arizona (and immediately on AST lands). You may drive through State Trust land to access BLM land (the tan colored squares in the map), but if you stop, you need a recreation permit (available on the website above). The deputies who patrol this area have a very broad interpretation of "recreation" (including sitting eating an apple in your car). They have the discretion to ask you to leave, but they also have the authority to charge you with misdemeanor trespass if you do not have a permit.

On another note, if you have a State Trust recreation permit and a valid Arizona hunting license, you can discharge a firearm in the process of harvesting game which is in season. Otherwise, discharge of a firearm on AST land is prohibited (and you agree to that when you obtain your permit). Target practice - if done safely - is permitted on BLM lands.

If you recreate in the nearby Arizona desert, be aware of your location. It is in your best interest to pay the small fee and obtain a recreation permit. If you are planning to target practice, be particularly aware of your location and ensure you are on BLM land.

Interesting legal issue. What constitutes "use?"

Who Owns Florida's Wisteria Island, A Developer Or The Government? Judge To Decide Just off Key West, undeveloped Wisteria Island — long home to a ragtag community — is at the center of a legal fight. The U.S. government and a Florida developer are fighting over ownership.