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Misleading by omission. I point the court to page 295 of that decision where it said cloak of office phrase is not inherently novel or objectional way of describing the action. In this setting to consider criminal conduct both and describes conduct that was not potentially criminal. Did the trial court there cite the statute explain the statute to the jury or not. No your honor. First Circuit Decision wasnt turning on instruction, it was turning on whether the conduct alleged was illegal. The instruction could encompass lawful action it didnt. Here if you instruct the jury as your honor was sa...

Criminal conduct both and describes conduct that was not potentially criminal. Did the trial court there cite the statute explain the statute to the jury or not. No your honor. First Circuit Decision wasnt turning on instruction, it was turning on whether the conduct alleged was illegal. The instruction could encompass lawful action it didnt. Here if you instruct the jury as your honor was saying that official action potentially includes everything under the sun, when it in fact does not potentially include everything under the sun. Thats not what it did. You have to tell them what it doesnt i...

Immediate vicinity of San Francisco, but up and down the coast for about two miles. It also severed most of the gas pipes in the city. It knocked over every candle and every morning fire. It displaced all the fluids so the heat had no place to go but in the ceiling. So it created in the first few minutes after the fire, at 52 recorded fires in the city of San Francisco. And the San Francisco firefighters did an extraordinary job in containing these 52 fires in the very beginning of the day. Now San Francisco, in this great stroferey experienced two pieces of very bad luck. The first piece was ...

So this coming april, next april marks the 100 Year Anniversary of the San Francisco earthquake, which was an event that until up to fairly recently, was arguably the worst Natural Disaster in American History. However, what is often overlooked by those unfamiliar with the history of the 1906 earthquake is that the quake itself, measuring somewhere around 8, i believe on the Richter Scale, actually played a lesser role than some may think in the ensuing catastrophe. As dennis will surely explain, fire was the culprit of much of the devastation that came afterwards. And in the wake of recent ev...

Monterey but thats about it. Santa cruz. Overall sunny and a little cooler, chilly, brisk for some. 62 antioch, 43 santa rosa, much cooler in the city. Sat in the 60s most of the morning and eventually ended up at 76. Sunny today, trying to get more of a westerly breeze. Never kicked in yesterday. San fransisco well drop you down to 68 for a high today and definitely cooler on that low side going down to 53. Sunny and nice today, cold morning for some, not for all. A little cooler on the afternoon highs. Some upper 70s for more than a few low, low 80s but 60s and 70s by the water. Heres sal. G...