CIMA Law Group Blog

Another Tragedy

On the night of May 30, a 10-year-old girl shot at another woman who was arguing with her mother in Orlando, Florida.

Witnesses explained that this tragic incident began when the child’s mother and the victim, Lashun Denise Rogers, started arguing near an apartment complex. The altercation turned physical when the mother of the child initiated the first punch to the victim and the victim followed with another punch to the mother.

The 10 year old child was a witness to the whole altercation and was then seen holding a black firearm after the mother handed the child her purse, which contained the firearm. The 10 year old daughter then fired “one- two shots” and proceeded to yell, “she shouldn’t have hit my momma.”

After the victim was taken to a Medical Center, she later passed away.

Both the child and mother are now in custody. State Attorney for Orange and Osceola Counties, Monique H. Worrell made it clear that they will, “consider all the facts, including the age of the child, and all of the surrounding circumstances, when making a charging decision.”

This blog post is part of the CIMA Law Group blog. If you are located in Arizona and are seeking legal services, CIMA Law Group specializes in Immigration Law, Criminal Defense, Personal Injury, and Government Relations.

Ending School Shootings in America

27. 27 school shootings in 2022 alone. We are not even halfway through the year and there have been twenty-seven instances in which 4 or more innocent souls were killed in the place that is supposed to be the safest of them all: their schools. Most children who were born past the mass shooting incident at Columbine High School are familiar with mentally planning out actions in the event a shooter walks in, turning their heads when the door opens, or jumping when an intruder drill starts. Schools should not be a place where children die, so the question is how can we finally end this horrific cycle that we have become desensitized to?

The question has once again garnered national attention with the recent school shooting at Robb Elementary School in Uvalde, Texas where at least 19 elementary-aged children lost their lives. Because the shooter used an AR-15 (and many other mass shootings are committed with AR-15’s), much of the suggested actions are related to assault weapons. Some argue that only people older than 21 should be able to buy these weapons, while others argue that they should be banned entirely. Some, especially the gun lobby (NRA) oppose any legislation, but some support minimal background checks.

It is difficult to balance the vast viewpoints in the United States, but I believe it is important to take the actions that will save the most lives. To do this, thorough analysis of the impact of these various actions is required. Thankfully, we have some data to look at related to an assault weapon ban as the United States passed a 10-year ban in 1994. During this time, the risk of a US person dying in a mass shooting was 70% lower. The assault weapon ban worked. We must not ignore the dire situation that children and teachers are facing in school environments. It is dangerous, and it should not be. The data tells us that a ban on assault weapons works–so let’s do it. Advocate, call your representatives, send letters. We must end this.

Millions At Risk of Famine in Somalia

As we watch the devastating news out of Ukraine it can be easy to forget about conflicts and humanitarian crises in other parts of the world. We should all rightly be horrified by Russia’s actions on innocent civilians in Ukraine, but it is important to also bring to light what is occurring in Somalia, a country that has gone through decades of civil war, foreign interference, and now faces a famine, worse than in 2011, when 250,000 lives were lost. A fourth consecutive rainy season has failed in the Horn of Africa, and meteorologists are warning of another below-average rainy season later this year as the world’s climate becomes more erratic. Humanitarian assistance has been depleted by global crises like the COVID-19 pandemic and now Russia’s war in Ukraine. Prices for staples like wheat and cooking oils are rising quickly, in some places by more than 100%. More than 90% of Somalia’s wheat comes from Russia and Ukraine. Millions of the livestock that provide families with milk, meat and wealth have died.

In a statement from the World Food Programme (WFP), the Food and Agriculture Organization (FAO), the United Nations Children’s Fund (UNICEF), and the Office for the Coordination of Humanitarian Affairs (OCHA) some 7.1 million Somalis or nearly half the population face acute levels of food insecurity, meaning they will be barely able to get the minimum calories they need and might have to sell assets to survive. Children are at particular risk of becoming malnourished.

In 1991, with the onset of the civil war, Somalia’s governing body, the Supreme Revolutionary Council collapsed and Somaliland, a de facto state in northwestern Somalia, declared independence. Considered internationally to be part of Somalia, Somaliland still controls the northwestern portion of Somalia representing just over 27% of its territory. By mid-2012, the al-Shabab insurgency group and its allies had lost most of the territory they had seized. Despite this, they still control much of central and southern Somalia, and wield influence in government-controlled areas. Currently, al-Shabab has made humanitarian access a challenge.

The Ripples of Europe felt in the Pacific

The invasion of Ukraine by Russia has dominated the international spotlight, but it’s important not to lose focus on another rising contender in this new world stage– The People’s Republic of China.

Recently, an international group based in the Pacific known as The Quad (consisting of Japan, India, Australia, and the United States) met to discuss the issue of China’s increasing aggression in the Pacific. Within the year, Chinese and Russian jets have flown close enough to Japanese airspace that fighters had to be scrambled just in case; the prevalent dispute between China and India’s land boundary; and of course, the crucial issue of Taiwan.

The People’s Republic of China has long claimed ownership of the free country in exile and any thought by the Communist state to invade Taiwan has been met with an instant threat of war by the United States. Twice during the Cold War did crises in the Taiwan strait loom the threat of a third World War and tensions have far from cooled.

With Putin’s invasion of Ukraine being seen as a challenge to the current world order and its globalized norms, there is concern that China may be inspired to make a move for the country they too have felt rightfully belonged to them. Such action is not unheard of from China, for they annexed the region of Tibet in 1950 under similar justifications.

Of course, Taiwan has the repeated backing of the United States to hold China at bay. However, the People’s Republic have been strengthening their navy and have made a recent security pact with the Solomon Islands, frightening both Japan and Australia of a rising military threat in the Pacific.

Thus, it is important that we keep our eyes trained on both theaters of the world. China has behaved rationally in the past, especially considering the PRC plays a large role in our globalized way of life– still reigning as the largest exporter in the world when it comes to trade. Keep in mind that China does not publicly support the invasion of Ukraine, but rather has put out a neutral statement to preserve the party’s public image.

But again, Putin’s war which has sent ripples through Europe may be felt in the Pacific as well, and in a new world repeating old mistakes, it may be possible for China to join in on challenging the global position of power. This blog post is part of the CIMA Law Group blog. If you are located in Arizona and are seeking legal services, CIMA Law Group specializes in Immigration Law, Criminal Defense, Personal Injury, and Government Relations

Deadliest Mass Shootings This Year

In recent news it has been noted that on the weekend of June 3 to the 6 almost 82 people were shot and wounded. There have been at least 12 mass shootings around the country and no one can seem to figure out why. Earlier before June, in the days of 13 to the 15 of May there were 14 people killed in a mass shooting, this is including the 10 that were killed in a grocery store in New York.

It is horrific what our country has turned into. Gun violence is out of control and every community now fears to leave their home. Marl Bryant, executive director of Gun Violence Archive said that the summers are typically when they pick up more data on mass shootings. Summers are usually the time where people become more aggravated, irritable and angry which can cause an outlash in some people. It is true that the heat and warmth from the sun can cause someone to become high anxious and be more angry at everything around them but there is so much to do to release that anger than to hold up a gun.

During Memorial Day weekend, after the Uvalde shooting, 15 mass shootings continued throughout the weekend. California, Arizona and Tennessee suffered major losses. What is our country doing about this? If the statistics read that the summer is the time when mass shootings occur shouldn’t there be some kind of reinforcement? And if there is some kind reinforcement shouldn’t it be applied all year long moving forward to prevent gun violence from being overused?

Our country has suffered severe damages not only to the families but to the communities involved. There is something that can be done but why is it not being said or done? Mass shootings should be one bullet away from being extinct instead its one bullet away from causing millions of lawsuits and a pile of never ending bodies.

If you or someone you know has been in an accident and need assistance, CIMA Law Group is here to help. CIMA specializes in personal injury, criminal defense and immigration and are here to provide to you the quality assurance you need.

Si usted o conoce a alguien que necesitan asistencia, CIMA grupo de abogados está aquí para ayudar. CIMA se especializa en lesiones personales, defensa criminal y inmigración y están aquí para proporcionarle la garantía de calidad que necesita.

Who Governs our Government?

Trough our nation’s recent history we have seen the excessive influence that lobbying groups, financial institutions, and major corporations have on our government. The private agendas of these entities heavily dictate the direction of our laws, the state of the union, and the political environment. Regardless of how well-intentioned our political leaders may be, they are frequently faced with the dilemma of prioritizing the interest of these influential entities over the demands of voters.

Lobbying groups, such as the National Riffle Association (NRA), push for their interests at the expense of public safety through generous donations to prominent political figures. The public in outrage has repeatedly demanded congress to pass commonsense laws that will potentially prevent or at least decrease the number of mass shootings at schools and public areas. These demands have been met with bipartisan support, nonetheless, the financial pressure of the NRA has withheld congressmen from supporting and pushing for laws that are in the best interest of the public.

Financial institutions have been responsible for economic recessions in the past. Their greed led the nation to the 2008 recession after the housing market collapsed. Their financial practices were not sufficiently regulated by government agencies at the time. Despite the financial strain they caused on the public, the government sided with banks and rescued them preventing their downfall rather than rescuing and aiding the millions of people that lost their homes and jobs.

Major corporations have large influence on the public’s perception of social issues. Companies push their personal ideology though social media and other platforms to deceive their audience into believing that their ideas are held by the majority of the public. News outlets have an alarming power over their viewers’ political ideology and lead the direction of the public’s political sentiment. Consequently, news outlets and other corporations ultimately influence the how their audience votes.

Will There Be a Red Wave in November?

History says yes

Once again, it is the election year where the voters decide who will be making our country’s decisions for the next two years. There are all 435 House seats up for grabs as well as 35 Senate seats.

For the past 100 years, the party opposite of the president has gained a net of 25 seats in the House of Representatives on the first midterm election cycle of that president. With the balance in the House being 224 Democrats to 210 Republicans and 7 vacancies, the possibility that the Republicans will retake the House is probable given historical trends.

However, historical trends are not always correct and the redistricting that occurred after the census complicates theories. In 2020, there was the once-a-decade nationwide census that reapportioned the number of house members to which each state is entitled to. This led to several states having to redraw their districts to accommodate a new district or disassemble an older one. The redistricting process often creates seats without incumbents or forces a race between two members who are currently both serving. With these newly competitive races appearing, there surely will be new faces appearing in the next congress that may either intensify or weaken the historical trend.

Of course, history is not the only teller of what will come in the next election. Recent events such as Dobbs. v. Jackson Women’s Health draft opinion leak that intends to overturn Roe v. Wade and the renewed movements demanding more gun regulations will have an impact. According to an NPR poll, 64% of Americans did not support overturning Roe v. Wade, and 60% support strict gun control measures. These opinions favor the Democratic base more than Republicans and may sway voters that enter the voting booth on election day.

However, President Biden currently stands with a 41% approval rating which historically will not serve him well come the midterms. The cause of this low approval rating is due in part to the ongoing war in Ukraine, high gas prices, and rapid inflation. These ongoing issues are pertinent to the average American with the economy always seen as one of the highest priorities Americans have. When it comes to the ballot box in November, abortion and gun control may not seem as important as the voters’ pocketbook and may harm the Democrats.

It is important to note that the trend of one party gaining 25 seats in the House does not carry over to the Senate. In fact, despite losing the house in 2018, Republicans gained two seats in the Senate. Currently, with the Senate deadlocked 50-50, if the Republicans are even able to gain one seat, the balance of power shifts widely.

All being said, November is a long time away in terms of politics and anything could sway the voters’ decision. Only time can tell. If history is doomed to repeat itself, a red wave is expected unless the Democrats can convince the public that their issues are more important for securing our future as a nation.

Guns in the Classroom

With the increase in school shootings over the past year along, there is large debate about what the next step should be. With that being said, there are may states who are considering arming teachers in the classroom. After a gunman killed nineteen children during a school shooting, there has been a demand on gun control.

Two states are considering taking certain action that would allow teachers and other staff to carry a gun. They would decrease the amount of training needed for these teachers to be able to have a gun. The bill that is being looked at in Ohio would lessen what is needed for a teacher to have a gun. The teachers would still have to go through specific training however, they would not be put through as much as previous laws had them doing.

Many educators have voiced their opinion and disagree with them having to carry a gun in the classroom. Along with this, teachers believe it will put more liability on them. Some teachers complained that they would be expected to do what law enforcement should do which is not what they signed up for. Other teachers say that it adds a lot of unnecessary pressure to them which is also not needed.

Educators and parents both reject the idea of school staff being armed. Many believe an alternative solution can be reached like putting more security at schools. They believe these schools need to provide other ways to keep schools safe and cannot expect teachers to act as law enforcement too. With that being said, states are still considering arming teachers and passing laws which make it easier to do so.

Javelinas–Living with the Beasts of Arizona

Javelinas are massive beasts that look prehistoric. Residents of the Valley of the Sun are sure to be familiar with these frightening animals. They are familiar not only for their large population throughout the area, but their characteristics. These animals are vicious, and despite living around many humans, they can inflict serious wounds/injuries on humans.

While they typically do not attack humans unless provoked, there are cases in which humans are attacked without interacting with the javelinas at all. A woman in North Phoenix was taking an evening stroll with her dog when a javelina brutally attacked her, tearing all of the tendons in her left arm.

The instance of the North Phoenix woman being attacked might be a rarer encounter with Javelina, attacks on dogs are much more common. In some cases, javelina have even killed the dogs.

Aftering constantly hearing about these startling instances, many Arizonans ask why the javelinas cannot be removed from residential areas. Some argue that they need to be able to kill the javelina on their property, as they pose a serious threat to both the human and furry residents.

But, under Arizona Hunting Law, javelina are classified as “big game species”. It is illegal to kill or even injure big game species, even when they are causing issues to humans. How many people actually would injure these wild pigs? It is not as uncommon as one would think. Most recently, two javelinas were found killed by arrows.

New residents of Arizona may feel helpless after their expected first encounter with the javelinas, where they will be surrounded by their large packs of up to 15 animals knowing that nothing can be done to remove them. The best way to deal with the javelina is to know the methods to prevent any negative encounters. The Arizona Game and Fish Department outlines these methods on their website, with the top advice being get loud when a javelina approaches you and do not feed them under any circumstance. It is important to remember that these javelinas are not infiltrating our homes, but humans are infiltrating theirs. Before homes were built here, these lands were javelina natural habitats. Despite them being ugly beasts, we must learn to live with them.

To Leak or Not To Leak? That is the Question

Tensions are high as the Supreme Court’s search to uncover who leaked the draft opinion that would overturn the landmark case of Roe v. Wade intensifies. The newest development would require law clerks to provide private cell phone records and sign affidavits, as CNN reports, causing some clerks to consider obtaining independent legal counsel. Outside lawyers have encouraged this decision as concerns of potential intrusiveness grow.

As this abrupt request for the law clerks’ private cell phone data means the source of the breach has yet to be found, I began thinking about the implications of the leak— not only the prospective consequences for its source, which will presumably only be career-oriented and not criminal, but rather for the nation as a whole. As POLITICO reports, no draft opinion in the court’s modern history has been released before its publication. POLITICO quotes Justice Ruth Bader Ginsburg saying, “At the Supreme Court, those who know don’t talk, and those who talk don’t know,” to emphasize just how secretive an institution it is.

Evidently, the leaking resulted in hot public debate. Many assume the leaker was a left-wing clerk for one of the liberal justices whose incentive was to mobilize public pressure on the Court as well as delegitimize it. Others speculate that it was a right-wing clerk with an entirely different motive. Regardless of the ‘who’ and ‘why’, with the majority of Americans believing that abortion access should be legal, advocates of reproductive autonomy have been given the chance to speak out about the opinion’s likely detriment. So, I have to ask, is the leak actually a bad thing at all?

To answer this question, I turned my attention to what Daniel Ellsberg, the Pentagon Papers leaker, had to say about it. In an interview with NPR, Ellsberg expresses that “Unauthorized disclosures are the lifeline of a republic.” He praises the leaker of the Supreme Court draft opinion, maintaining the great service they have done for our nation. Because the Supreme Court preserves its power by concealing conflicting arguments, Ellsberg believes it is important that the public know how the politicization of the Court is affecting them.

Now, only time will tell whether the Court’s final opinion will change as a result of public pressure in response to the leak.