JONATHAN TURLEY

In an incredibly sad story. Jonathon Edington a lawyer in Connecticut has been sentenced to 12 in prison for killing a man that he thought molested his 20 year-old daughter. Edinton stabbed Barry James in his bedroom after his wife told him that James had molested their daughter. Ultimately, Edington’s wife, Christina, refused to cooperate with the investigation and a defense expert found that she was suffering from d postpartum depression.

The case left the court with few options and many regrets in sentencingfor first-degree manslaughter.. For the full story, click here

Former DA Nifong was sentenced to a single day in jail for his misconduct related to the Duke scandal.
For the story, click here

Reports today indicate that Sen. Craig has decided to resign, click here The question remains whether, in light of recent scandals and indictments of other members, this is a consistent result. Continue reading ‘Report: Craig to Resign’

Here is the audio tape of the Craig interview with police after his arrest, click here

The tape is a striking example of the pressures that are often put on people directly after their arrests to induce confessions and pleas.

The Marine Mammal Protection Act makes it a crime to injure sea lions and other mammals. Usually this is done with nets, harpoons, guns. However, a 24-year-old fisherman named Hai Nguyen, stabbed a sea lion with a steak knife. Continue reading ‘Man Charged with Stabbing Sea Lion’

Norman Finkelstein has long generated controversy over his writings on the Holocaust. His critics, however, have launched a campaign to have him terminated from the school and have been successful. Many academics are alarmed by the official move to cancel his classes and lock him out of his office. At risk is the most important element of the American experience in higher education: academic freedom. For the most recent story, click here

The Iowa District Court for Polk County has ruled that the state constitution requires recognition of same-sex marriage. The decision will likely serve to fuel the presidential debates on the subject and force some candidates to embrace the constitutional marriage amendment. Continue reading ‘Iowa Court Rules In Favor of Same Sex Marriage’

I just finished an interview for Good Morning America for Friday on whether Craig has a case for entrapment or denial of the offense. I do believe that Craig should have fought this charge and would have been successful. Continue reading ‘Craig and Entrapment’

Here is the transcript of the interview of Senator Craig with police after his arrest. Continue reading ‘Transcript of Craig Post-Arrest Dialogue with Police’

It appears that simply speaking Arabic is enough to delay a flight in today’s hysterical times. For the story, click here

Former D.A. is looking at potential jail time for criminal contempt and has pleaded not guilty in North Carolina. For story click here

The broader question remains our failure to deal with prosecutorial abuse, for prior columns click here and here

The health problems of Chief Justice Roberts raises a long-standing problem on the Court, addressed in this prior column.

Orignially published in August 2005

It came as something of a shock at the beginning of the summer when Chief Justice William H. Rehnquist announced that he would not be resigning from the Supreme Court. He is suffering from thyroid cancer, has had a tracheotomy to help him breathe and will be 81 years old at the start of the new court term. The smart money was on retirement.

But Supreme Court justices answer only to themselves and God when it comes to stepping down from the bench. Once Congress hath joined a nominee and his office, only death or retirement can separate them. Continue reading ‘Through Addictions to Dementia: Supreme Court Justices Have Refused to Step Down — The Need for Reforming the Supreme Court’

In Sundbury, Pa, a court has ruled that a former owner can continue to demand that a show dog not be neutered and continued to be made available for breeding. At issue is a a 5-year-old French bulldog named Duffy. The breeder gave the dog to a third party with the understanding that Duffy would continue to supply services — valued at $73,000 over the last three years. The case has raised issues of animal health and continuing limitations on ownership. For the full story, click here

It is a classic tort — the slip and fall. Now a woman is suing Oprah for falling during the scramble for a seat on her television program. Continue reading ‘Oprah Sued for Slip and Fall’

The military has been pouring money into non-lethal weaponry that can break up a crowd or immobilize individuals without bullets or permanent injuries. One is already in production: a truck mounted ray that makes people feel like their skin is on fire. Requests to use the truck in Iraq have been denied. Continue reading ‘Questions Over Use of New Military “Ray Gun”’

Joseph J. Vecchiarelli, 26, is employed in one of the world’s oldest professions: grave robbing. He stripped corposes of jewelry, gold teeth and other valuables, even dumping bodies (including an infant) on the ground in Waterbury, Connecticut. He is a vivid example why grave robbing is one of the oldest torts and crimes.

For the story, click here

The creation of a school with an emphasis on Arabic culture has drawn criticism in New York. The controversy should not be one about Arabic culture but the departure from a traditional view of public education that one sought to create a shared curriculum and culture for a diverse population. Continue reading ‘Arabic School in New York Drawing Attention to the Balkanization of Public Education’

Brothers Mark and Matthew D’Avella were fired from A & P for using the store and their jobs as packers to make a rap video entitled Produce Paradise. The rap has such memorable lines as “It’s all about the produce produce, we don’t like to kid/It’s the lower middle portion of the food pyramid.” Continue reading ‘A & P Files Tort Action Against Fired Rapper Employees Over Video’

Not only is China facing lethal levels of water and air pollution tied to its run away economic expansion, it is losing one of its most lasting national symbols: the Great Wall.

Click here

Another long-incarcerated prisoners has been cleared by DNA. Dwayne Allen Dail was cleared after the tests proved that the DNA found on the 12-year-old victim’s nightgown matched belonged to another man — who is currently serving time on a different offense. Continue reading ‘DNA Case Reaffirms Unreliability of Line Ups’

Sen. Craig’s suggestion that he is considering re-visiting his plea with the assistance of counsel is not without merit — it is only fatally delayed. There is much to challenge in this arrest. The officer was relying on highly interpretive conclusions about his actions. Had he challenged the arrest, he could have argued that the evidence did not establish the allegations beyond a reasonable doubt.
Continue reading ‘Legal Challenge to Craig Charges is Valid — But Likely Too Late’

With the American Medical Association and state boards prohibiting doctors from participating in executions as violative of their oaths, some have donned moon suits to hide their identities from the AMA, families and the public. Click here

A judge in Montana was asked by a defendant to “let it be” after citing “the beetles.” The judge responded with not just a corrective sentence but an opinion correcting the defendant’s understanding of the beatles.

For the full story, click here

She was called the Queen of Mean and the probate of her will is likely to confirm that title for some. Late hotel and real estate (and ex-con) Leona Helmsley has left $12 million for her white Maltese, named Trouble, who will also be allowed to continue to live in her mansion and then be buried next to Helmsley in her mausoleum. Two of her grandchildren, however, got nothing in the will.

For the full story, click here

A San Francisco man named Paul Addis, 35, has been charged with arson and illegal possession of fireworks after allegedly starting the Burning Man burning: four days two early. The huge burning man is supposed to be the climax of the counterculture festival in the Black Rock desert in Nevada. Instead, Addis allegedly lit the object and is therefore charged with arson for the premature burning.

For the full story and a picture of the culprit, click here

Reserachers believe that they have finally uncovered who killed Beethoven and the culprit is Andreas Wawruch, his doctor.

Beethoven died in 1827 at the age 57 and there has been long speculation over the cause or even whether he was murdered. Now, it appears that his doctor gave him lethal levels of lead in his treatment.

For the full story, click here

Washington is all atwitter over who will replace outgoing Attorney General Alberto Gonzales. The more relevant question, however, is who would want to step over the chalk outlines of his two predecessors on the office rug to sit in that seemingly cursed chair.

Indeed, of all of the famous curses from King Tut’s tomb to the Hope Diamond to the Monkey’s Paw, the Bush Curse of the Juris Doctors (or the J.D. Curse) appears the most lethal. With John Ashcroft or Gonzales as the most vivid examples, bad things happen to attorneys who go to work for this administration. Continue reading ‘Be Afraid, Very Afraid — The Bush Curse’

Senator Craig’s bathroom scandal brings back memories of his prior attack on Bill Clinton as a “nasty” “bad” “naughty boy.” Even for those who supported impeachment it was a weird moment.

For the video, click here

Robin Shellow, a Milwaukee criminal defense lawyer, had a rare gift left at her office on Monday: a pink gift bag with a severed goat head inside.

For the full story, click here

The corpus delicti, or body of crime, took on a new meaning this week in California when an alleged drunk driver was found with the dead body of a motorcycle driver still lodged in his rear window. Tony Martinez, 54, appears not to have noticed before pulled over by the arresting officers.

For the full story, click here

There now appears to be a rash of corpse abuse cases — one of the oldest offenses in common law.

Johnny Draper (yes a funeral home director named Draper) found Roderick Jones in his Monessen, Pa., funeral home on July 13 with a women’s corpse. This is not a first for Jones who was convicted in 1999 of abuse of a corpse.

For this story, click here

Sen. Craig emerged today to declare “I am not gay. I never have been gay.” There is now an indication that he is thinking of pursuing efforts to throw out his plea — after finally speaking with lawyers that he failed to find before his plea. The press conference adds a bizarre twist to an already bizarre story.

For details, click here

For the video, click here

In Iowa, a wife is claiming that she did not murder her husband. Rather he walked into a four-inch paring knive that drove deeply into his chest. Found in the bedroom was a book entitled “After the Affair.”

For the story, click here

The criminal complaint against Sen. Craig is now available here and the mug shot here

Orlando media is reporting that Former astronaut Lisa Nowak will pursue an insanity defense. Such notice is required in advance of trial and it was unsealed by the court. It will be a very difficult defense to make for someone with the ability to drive across country and engage in acts of evasion. Since the Reagan shooting, states have made it very difficult to make this defense. For earlier column, click here

For the news flash, click here

A recent question on the educational system in the United States for a beauty queen may be the greatest argument for increasing immigration in this country to guarantee a small margin of intellectually viable humans to carry on basic institutions.

Caution: this is painful to watch, but click here if you dare.

Belgian diplomats are accused of taking their four-wheel drives for a spin and damaging a 40 million-year-old whale fossil in Egypt.

For the full story, click here

The U.S. military is trying to repair the damage of giving out a ball with the Saudi flag and the name of Allah spelled out on it. The idea of kicking Allah’s name succeeded in outraging the locals in Afghanistan.

For the full story, click here

According to Roll Call, Sen. Craig’s insistence that he would not have pleaded guilty if he had consulted an attorney is a dubious defense. Craig had days before his guilty plea in June and during that period, documents indicate that he asked for a contact at the airport for his lawyer to call. It is not clear that his lawyer actually made that call, but clearly Craig had the time and inclination to do so.

Ironically, I believe Craig could have benefitted from counsel. Continue reading ‘Sen. Craig and the Right to Counsel’

Sen. Craig is not viewed as one of the legislators who routinely raises civil liberties and protections for the criminal accused. However, after pleading guilty to criminal charges in Minneapolis, he insists that he should have consulted with an attorney. Continue reading ‘Sen. Craig Pleads Guilty to Criminal Charge for Disorderly Conduct in an Airport Bathroom’

I once had dinner with a Texas judge who asked me if I knew where Jesus lived. When I answered no, he replied “he lives at Huntsville Prison because all my prisoners tell me they find him there.”

Today, Michael Vick became the latest to find Jesus in the post-plea stage of his life. He appears to have shown “bad judgment” in carrying on the medieval form of entertainment known as dog fighting — simply a matter of “growing up.” I have four kids under nine and, without growing up, they would be physically ill to watch what Vick enjoyed as entertainment.

For the full story, click here

It appears that Michael Chertoff may be the replacement for Alberto Gonzales. Chertoff would come with good national security credentials to signal that the administration is not going soft on terror. He is also a former judge. Notably, he once worked Rudolph Giuliani against the mob in New York. One problem for democratic and independent citizens is Chertoff’s role in drafting the Patriot Act. His nomination would also place the Administration’s record on terror in the spotlight.

The New York Times is reporting that Alberto Gonzales will finally resign today as attorney general of the United States. It is a sad end to what should have been a historic term for the first hispanic to hold that office. As one of the critics of Gonzales, it is hard not to feel a sense of relief but that is also tempered by a feeling of tremendous waste. I expect that Gonzales may look back at his controversial tenure in a few years and wonder whether he would have better served the president, the country, and indeed himself but being a voice of independence in the government. Instead, Gonzales made a career as the enabler for George W. Bush. When they wanted to strip citizens of all of the constitutional rights at the whim of the president, Gonzales was there to say it was fine. When they wanted to engage in torture, Gonzales was there with a pen in hand. One can only wonder how much better this president would have fared if he had a lawyer prepared to tell him that he did not have such Caesar like qualities.

For some past columns, click here and here

Tourists in Japan were able to get more than they bargained for when they went looking for whales in the wild: a front seat view of the Japanese pro-whaling policies in action. While watching a large whale surface off the coast of Japan, a Japanese fishing boat approached an hauled the harpooned whale in for processing. Continue reading ‘Japanese Version of Whale Watching: Whalers Kill a Whale in Front of Eco-Tourists’

In a startling report, CNN is revealing that the grand jury that declined to indict on second-degree murder charges against a doctor and two nurses for four deaths. Continue reading ‘Report: New Orleans Grand Jury Never Heard Expert Testimony Supporting Murder Against the Doctors’

The Secret Service has often been criticized for interrogating everyone from cartoonists to kids about statements deemed threatening to a president. Now, they have succeeded in locating a man who was involuntarily committed as insane for saying insane things about hurting the presidents. Continue reading ‘The Secret Service Snags an Insane Man Saying Insane Things’

Well-known attorney Geoffrey Fieger, who represented Jack Kevorkian, has been indicted on charges of conspiring to make more than $125,000 in illegal contributions to the 2004 presidential campaign of Democrat John Edwards. Continue reading ‘Geoffrey Fieger Indicted on Illegal Contributions to Edwards’

China’s environmental crisis appears to worsen by the day due to run awat development and a lack of enforcement. I am currently completing a review of the Chinese system for publication in China and eventually in the United States. The figures are astonishing and frankly frightening. I have proposed a system of private attorneys general like the one in the United States. It has obvious political barriers in China’s one-party state. However, China is experiencing a disaster in the loss of surface water, desertification, air pollution and other problems associated with the externalities of economic expansion and pollution.

The New York Times today has an excellent piece on the problem. For the story, click here

The proposal to divide California’s electoral votes has served to remind citizens of the continued dysfunctional role played by the electoral college — which should be eliminated by constitutional amendment. The idea of passing state laws to divide votes between candidates is at least an improvement — moving away from the winner take all approach. In California, it is clearly be advanced for partisan reasons to help the next Republican nominee. Continue reading ‘California Electoral Vote Plan: A Worthy Proposal Made For Unworthy Purposes’

A man claiming dual U.S. and French citizenship has successfully resisted extradition to Chicago to face murder charges.

Hans Peterson allegedly killed Dr. David Cornbleet, after acne drugs left him impotent. He would only face a maximum of 20 years in France for the murder. He claims French citizenship through his mother.

For the story, click here

The terrible balloon accident in British Columbia, see video here raises a long debate over whether certain activities should be treated as strict liability offenses. Under the common law and the Restatement of Torts, certain activities are so dangerous that they are classified as ultra hazardous or abnormally dangerous — leaving the operators strictly liable for injuries. Air flights long been classified in this sense, though that is a bit dated given the safety record of airplanes. However, ballooning would likely still fall into this category. Of course, there remains the question of assumption of the risk in such cases, which historically is a complete defense.

In another example of over-zealous prosecution, two members of a running club are being charged with terror-related offenses for using flour to mark the path of a club outting. Continue reading ‘Flour as a Bio-Terror Threat: The IKEA-Al Qaeda Link’

In both torts and criminal law, the question of consent is raised to vitiate or negate battery. This is particularly common in the growing number of rough sex cases. In Wisconsin, a case takes this to an extreme with a man who was tied up, repeatedly cut, and chased with a pick axe. The accused Tiffany Sutton, 23, is charged with nine counts of aggravated assault. She recently pleaded guilty to one count of aggravated assault and one count of dangerous aggravated assault.

For the story, click here

Today’s news wires reported the arrest of a 93-year-old for drug violations. Durham police arrested William Tinnen on cocaine-trafficking and related charges. It makes for an interesting comparison to most older individuals and current studies of recidivism, or the likelihood of new offenses. Continue reading ‘Older Prisoners and One Possible Late Bloomer’

Vick has now formally pleaded guilty to his medieval form of entertainment. His papers are now online and can be seen at this link

The NFL has now suspended Vick and his dogs are being destroyed.

There was a constitutional controversy over Florida investigators getting access to his congressional file — triggering the same issues as the Jefferson office raid. See this link

Now there is a report that the investigators have decided not to pursue any charges, see this link

Whistleblowers who have identified hundreds of millions of dollars have faced terminations and other forms of retaliation. The Bush Administration has allowed such retaliation while simultaneously campaigning against the United Nations for not dealing with corruption and not protecting whistleblowers. For the UN campaign, see this story .

It is one of the most disturbing stories to come out of this disturbing military intervention. First, the Administration allows massive levels of corruption despite on-going coverage of the problem. Second, when whistleblowers try to stop the corruption, the Administration allows them to be persecuted and then fights their efforts at receiving relief from the retaliation in some cases. With a projected 1 trillion dollars to be spent on Iraq, the conditions are ripe for a lot of people to make a lot of money in little time. There are many who do not want that bonanza to end. Yet, the public seems strangely quiet over the on-going corruption and enrichment at their expense.

For the article, click here

The Washington Post is reporting today that the government in 2006 flagged roughly 20,000 people as suspected terrorists. It is a report that seems to confirm that the Administration’s new powers have allowed it to pursue thousands on the weakest of possible suspicions. Only a handful have been prosecuted and most of those have to minor or unhinged characters. The question remains the cost of this massive population of citizens under suspicion and a government system that seems to replicate itself — growing ever bigger while desperately trying to find suspects to justify its costs and personnel. This is not to say that we should be less vigilant. Rather, these figures show a hair-trigger mentality where citizens are thrown under investigation with little cause or remedy.

For the Post story, click here

Manuel Noriega appears to have lost his bid to return to Panama rather than be extradicted to France. Noriega, 73, has served 15 years in the United States and U.S. allies are concerned about his return to Panama where he remains popular. The interest of France seems a bit suspicious and opportunistic in that context. The legal basis for the invasion remains a consuming debate among academics and this extradition will fuel concerns that the law is being used to prevent his return to power.

For the story, click here

There is much talk about Portland campers who caught an alleged peeping tom and tied him to a tree where he was left for an hour and photographed. The case raises a couple of interesting legal questions. First, he was in a public area where there is a lesser expectation of privacy. The women were using this area as an outdoor latrine. Nevertheless, there is a common law protection against intrusion of seclusion and other privacy interests. For the campers, he could charge them with false imprisonment and his own privacy violations in the photographs. They would have to allege self-defense and holding a known felon caught in the midst of a crime.

For the story and video, click here

In the bizarre case of former astronaut Lisa Nowak, there appears a valid constitutional concern. According to her counsel, Nowak repeatedly asked if she should have an attorney and indicated a desire for such counsel. The police insist that she did not express demand an attorney before giving incriminating information. The line here is murky. Under cases like Edwards, questioning must stop when counsel is demanded. The clarity of such a demand, however, has often been in dispute. What is disturbing is that the detective clearly understood that rule and, rather than acting to protect her rights, used her confusion to elicit incriminating information. The case is being heard in Orlando, Florida.

For the CNN story, click here

A doctor in Rhode Island is being accused of operating on the wrong side of the head of an 86 year old man. Such mistakes have been documented in other cases, often as the basis for battery charges. Even a consensual surgery is battery, if the doctor operates on part of the body that was not part of the original consent. Such battery charges often accompany negligence charges.

For the article, click here

Atlanta appears ready to use the power of the law to combat the scourge of baggy pants. That’s right, baggy pants. It appears that crime, drug, and poverty are no longer pressing issues. They are not the first to tackle the issue of teen clothing, as this prior column notes, click here

For the latest article, click here

One of the longest standing debates in law is over the rule that one has no duty to rescus another individual unless they are responsible for the damage or harm. Thus, in even the lowest cost rescues, bystanders cannot be charged. In the criminal area, this becomes even more shocking as in the most recent case of a woman who called out to at least 10 witnesses for help during a rape and assault. No one came to her aid. The alleged assault lasted for 90 minutes in a St. Paul apartment building.

For the story, click here

Marine drill instructors are famous for their use of language and bodily intimidation. However, a new case illustrates the new limits on such conduct with hundreds of counts against a drill instructor for abuse of recruits. This has long been a controversy in military training based on the theory that physical fear and intimidation break down a civilian and allow the reconstruction of a tougher soldier.

For the story, click here

Arthur Bremer who shoot George Wallace appears headed for release. He has now served 35 of his 53 year sentence. He is considered a model prisoner despite his crime in 1972 in Laurel, Maryland.

For the story, click here

The man who shot presidential candidate George Wallace in 1972 will be released from a Maryland prison in December.

For a profile of Bremer, click here

A recent article details how many defective toys, like those recalled from China, are still be sold on sites like Ebay. Under the common law, a private seller is not subject to strict products liability. Only commercial sellers are subject to such litigation. What is interesting is that a department store with knowledge of the defect would also be liable. Ebay, however, could offer the novel defense that they are merely a conduit for private sales.

For the article, click here

In another example of the mindless crack down on kids in schools, officials suspended a boy for drawing a gun. That’s right, drawing a gun. This is another example of a national debate over boys and guns. For prior column, click here

The Arizona school officials have shown the same mindless application of this policy that we have seen in other states. We have seen other bizarre punishments in the zero tolerance policy on drugs (even aspirin). What is lacking is any level of discretion and analytical thought. It undermines a legal system to have educators applying rules in such blind, Stalinistic ways.

For the story, click here

The ninth circuit has ruled against cops who stopped a car based on a complaint that the stereo was too loud — suppressing the gun found within the vehicle.

For the opinion, click here

A story today about criminal charges against a grandmother for not keeping a nice law is part of a large problem of criminalization of conduct in America. For prior column, click here

Increasingly, legislators are making any obnoxious conduct or social priority a criminal matter. This is not only giving millions of people criminal records, but it is destroying the distinction between civil and criminal violations — a foundation for our legal system.

For the latest criminalization story, clickhere

Johnny Ray Conner became the 400th person executed since the death penalty was reinstated in 1982. Conner was convicted of shooting a convenience store owner in 1998.

For the story, click here

Associated Press is reporting that the House is refusing access to Mark Foley computer as congressional work product. This is part of the debate over the Jefferson raid that I testified on in the House Judiciary Committee. For the testimony, click here. The House is saying that it is up to Foley to release the papers, which I think is only partially true. There are other options and the House could release the computer records under some circumstances. It is a crime in Florida to engage in sexually explicit communications or solicit sex with a minor. One possibility is for the House to use a congressionally approved filter team — something Foley could agree to.

For the story, click here