When it comes to the art of the public apology, Detroit Mayor Kwame Kilpatrick may have set a new gold standard in his public apology for his alleged affair with chief of staff Christine Beatty. The view link is below. He used an actual church as a backdrop and his wife as something of a prop for the occasion. The problem is that, while such scenes may resonate with voters who tend to love a repentant sinner, it still does not create a defense to what appears a very compelling criminal case for perjury. Continue reading ‘The Stagecraft of Scandal: Detroit Mayor Kwame Kilpatrick Gives Public Apology with Wife in a Church’
Archive for January, 2008
The Stagecraft of Scandal: Detroit Mayor Kwame Kilpatrick Gives Public Apology with Wife in a Church
Published 1, January 31, 2008 Bizarre , Criminal law , Lawyering , Politics , Society 1 CommentThis is Your Pilot: I Need to Speak to God
Published 1, January 31, 2008 Bizarre , Society , Torts 1 CommentIn what could make for a fascinating torts case, an airplane full of passengers witnesses a co-pilot losing his mind in the cockpit and then having to be forcibly restrained by the other crew members as he demanded to speak to God. The Air Canada co-pilot was handcuffed to a seat for the rest of the flight. Ironically, air carriers have refused to show Snakes on a Plane as too scary for passengers. Continue reading ‘This is Your Pilot: I Need to Speak to God’
Priest Convicted in Nun’s Death During Botched Exorcism
Published 1, January 31, 2008 Bizarre , Society 2 CommentsA former priest, Daniel Corogeanu, had been convicted of murder in the death of a nun during an exorcism gone bad. The court in Romania gave the monk seven years, though the case raises serious questions over the use of these extreme religious rites. Continue reading ‘Priest Convicted in Nun’s Death During Botched Exorcism’
Nurse Admits to Body Looting From Corpses
Published 1, January 31, 2008 Bizarre , Criminal law , Lawyering , Society , Torts 3 CommentsNurse Lee Cruceta in Philadelphia has admitted to cutting out body parts from corpses to sell on the illegal body part market — a crime that included harvesting material from the corpse of “Masterpiece Theatre” host Alistair Cooke, who died in 2004. The guilty plea includes a glimpse into the lucrative market for body looting. Continue reading ‘Nurse Admits to Body Looting From Corpses’
Judging 101: Refrain From Pronouncing Guilt Before End of Trial
Published 1, January 31, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Lawyering , Society 1 CommentPerhaps the most basic requirement of a judge (beyond remaining full clothed during deliberations) is not to pronounced guilt until after the trial. It is a rule that Superior Court Judge Hilton Fuller allegedly forgot by telling a reporter that Brian Nichols, accused of killing four people in a 2005 shooting spree that began at the Fulton County Courthouse, was clearly guilty. While denying the comment, Fuller has removed himself from the case. Continue reading ‘Judging 101: Refrain From Pronouncing Guilt Before End of Trial’
Subway v. Quiznos: Can a Sandwich Be Slandered?
Published 1, January 30, 2008 Bizarre , Society , Torts 1 CommentThere is a fascinating legal fight brewing in New York between sandwich chains Subway and Quiznos. At issue is the liability for companies using popular taste tests in commercials and the provocative question of whether it is possible to slander a sandwich. Continue reading ‘Subway v. Quiznos: Can a Sandwich Be Slandered?’
Maryland Considering Criminalizing Use of Soldiers Names and Images in Protest Tee-Shirts or Material for Sale
Published 1, January 30, 2008 Constitutional Law , Criminal law , Justice , Lawyering , Politics , Society , Torts 1 CommentMaryland Delegate Nicholaus Kipke and Sen. Bryan Simonaire are pushing for passage of the Fallen Soldier Privacy Act of 2008 to criminalize the the commercial use of a deceased soldier’s name or image. It is a controversy triggered by tee-shirts produced by anti-war activist Dan R. Frazier of Flagstaff, Ariz., whose online business Carryabigsticker.com sells anti-war shirts and other items that use soldiers’ names. The law is, in my view, unconstitutional and could lead to an interesting court fight if Congress follows suit with its own legislation. Continue reading ‘Maryland Considering Criminalizing Use of Soldiers Names and Images in Protest Tee-Shirts or Material for Sale’
Mukasey Refuses to Answer Question on Waterboarding in Congress
Published 1, January 30, 2008 Congress , Constitutional Law , Justice , Lawyering , Politics 13 CommentsAs expected, Attorney General Michael Mukasey has informed Congress that he will refuse to answer the long-standing question on waterboarding in this week’s hearing. The decision is a further indictment of the decision of democratic leadership to allow Mukasey to be confirmed despite his unwillingness to acknowledge that waterboarding has long been defined as torture and constitutes a crime if ordered by the President. Continue reading ‘Mukasey Refuses to Answer Question on Waterboarding in Congress’
Police Seek Arrest of Imposter of Heath Ledger’s Father
Published 1, January 29, 2008 Bizarre , Criminal law , Justice , Society , Torts Leave a CommentThe police are seeking an imposter who pretended that he was the father of the dead actor Heath Ledger to secure hotel rooms, convince Tom Cruise to console him, and almost convince John Travolta to buy him free tickets to the United States. It is conduct that fits both criminal and tort theories of culpability. Continue reading ‘Police Seek Arrest of Imposter of Heath Ledger’s Father’
Snipes Rests Case Without Presenting Defense Witnesses or Testifying Himself
Published 1, January 29, 2008 Criminal law , Justice , Lawyering , Society 3 CommentsWesley Snipes’ counsel rested his case without presenting a single defense witness or having Snipes himself testify. It is a move the minimizes risk on the stand but maximizes the likelihood of a conviction on the tax charges. Continue reading ‘Snipes Rests Case Without Presenting Defense Witnesses or Testifying Himself’
Negroponte Admits that Waterboarding Was Used By Bush Administration
Published 1, January 29, 2008 Congress , Constitutional Law , Justice , Lawyering , Politics 12 CommentsThe National Journal caught an interesting slip from John Negroponte, former director of national intelligence , who uttered The-Torture-Technique-That-Shall-Not-Be-Named”: waterboarding. While Attorney General Mukasey continues to say that he is still thinking about waterboarding months after his seemingly false testimony before Congress, Negroponte admitted in an interview that indeed it was used — but encourages people not to look back at such small things as a torture program. Continue reading ‘Negroponte Admits that Waterboarding Was Used By Bush Administration’
You Will Have to Peel My Cold Dead Fingers From My Geiger Counter: New York Moves to Require a Permit to Own Detectors of Radioactive, Biological, or Chemical Threats
Published 1, January 29, 2008 Bizarre , Criminal law , Environment , Politics 3 CommentsWhere is the NGA — National Geiger Association — when you need them?
Facing an apparent shortfall of new permits to impose on citizens, the New York city council (with Mayor Bloomberg’s reported support) is moving to require that any citizens who want to own devices that detect biological, chemical, and radiological dangers must first register and secure a permit from the city. If Bloomberg wants to run for President, this would not be the way to do it. There is a strong suspicion that the problem with these devices is that they will reveal a much greater level of such dangers and require officials to address countless false — and true — readings. Continue reading ‘You Will Have to Peel My Cold Dead Fingers From My Geiger Counter: New York Moves to Require a Permit to Own Detectors of Radioactive, Biological, or Chemical Threats’
Afghan Justice: Government Sentences Journalist to Death for Blasphemy Against the Prophet
Published 1, January 28, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Lawyering , Media , Politics , Religion 4 CommentsAfter the loss of many American lives and billions in American dollars, the justice system in Afghanistan seems to be de-evolving back into the Taliban-style Islamic extremism. Journalist Sayed Perwiz Kambakhsh, 23, has been sentenced to death for merely downloading material deemed blasphemous to Islam relating to the role of women in Islamic societies. Not only has the U.S.-backed government sentenced him to death, one of its top “justice” officials has threatened to severely punish any reporter even expressing support for Kambakhsh. Continue reading ‘Afghan Justice: Government Sentences Journalist to Death for Blasphemy Against the Prophet’
Commencement Address for the John Marshall Law School Graduating Class of 2008
Published 1, January 27, 2008 Columns , Justice , Lawyering 11 CommentsToday, I have the honor of being the commencement speaker for the John Marshall Law School graduation. Continue reading ‘Commencement Address for the John Marshall Law School Graduating Class of 2008′
Months Later, Mukasey Still Thinking About Waterboarding and Says He May Never Say Whether it is Torture
Published 1, January 27, 2008 Congress , Constitutional Law , Criminal law , Justice , Lawyering , Politics 5 CommentsIn his confirmation hearing, Attorney General Michael B. Mukasey was rescued by Sens. Chuck Schumer and Diane Feinstein from having to admit that waterboarding has long been defined as torture by U.S. and international courts. At the time, he first denied (under oath) knowing what waterboarding is and then, when told, insisted that he needed more time to think about it. Now, after months, he has suggested that it is not a matter of time or knowledge — he may simply refuse to answer the question that would implicated President Bush in a war crime. Continue reading ‘Months Later, Mukasey Still Thinking About Waterboarding and Says He May Never Say Whether it is Torture’
South Carolina Supreme Court Allows 20 People Who Flunked Bar to Pass — Including Children of Powerful Attorneys
Published 1, January 27, 2008 Bizarre , Justice , Lawyering , Politics 6 CommentsIn a positively mind-blowing decision, the South Carolina Supreme Court decided to allow 20 people who flunked the bar to become lawyers rather than inform one individual that he had been incorrectly told that he had passed. Worse still, the current and immediate past presidents of the state bar have dismissed the controversy as resolved. Continue reading ‘South Carolina Supreme Court Allows 20 People Who Flunked Bar to Pass — Including Children of Powerful Attorneys’
New Jersey Court Orders Man to Pay Child Support Even If He is Not True Father
Published 1, January 26, 2008 Bizarre , Justice , Lawyering 3 CommentsThe New Jersey Supreme Court has upheld a lower court decision against a father who claimed that he should not have to pay child support to his ex-wife after discovering that the child was not his own. It is only the latest in a string of such cases. Continue reading ‘New Jersey Court Orders Man to Pay Child Support Even If He is Not True Father’
Pilots Challenge $5 Million Award for Instructor Credited in Moussaoui Arrest
Published 1, January 26, 2008 Congress , Criminal law , Justice , Politics 4 CommentsPilots are charging that the Bush Administration doled out $5 million as an award to flight instructor Clarence Prevost in the Moussaoui case without seriously inquiring into who was actually responsible for bringing the terrorist-wannabe to the attention of the government. Members of Congress are asking for explanations on why other instructors credited with the disclosure were ignored. Another question should be the size of this payout. Continue reading ‘Pilots Challenge $5 Million Award for Instructor Credited in Moussaoui Arrest’
Zacarias Moussaoui and the Mad Pursuit of a Trophy Terrorist
Published 1, January 26, 2008 Columns , Criminal law , Justice , Lawyering 2 CommentsIn light of the $5 million given to a witness in the trial of Zacarias Moussaoui, this column may be of interest. Continue reading ‘Zacarias Moussaoui and the Mad Pursuit of a Trophy Terrorist’
Medina (and two other Texas Supreme Court Justices) Faces Ethics Charge
Published 1, January 25, 2008 Uncategorized 1 CommentTexas Supreme Court Justice David Medina has been accused of ethics violations in the misuse of campaign funds. The charges come at a time that Medina is dealing with a recent indictment for arson — an indictment quashed by a local prosecutor. Now Medina and Texas Supreme Court Justices Paul Green and Nathan Hecht are facing serious ethics charges. With a federal judge facing possible criminal charges for sexual assault and another facing demands to step down, it has been a particularly bad year for the Texas bench. Continue reading ‘Medina (and two other Texas Supreme Court Justices) Faces Ethics Charge’
Federal Judge Orders Administration to Explain the Destruction of CIA Torture Tapes; Finds Tapes to be Evidence
Published 1, January 25, 2008 Congress , Constitutional Law , Criminal law , Justice , Lawyering , Politics 4 CommentsAs leaders in both parties in Congress and the Justice Department seek to scuttle any real investigation into America’s torture program, a federal judge may have thrown a wrench into the works. This week, U.S. District Judge Richard W. Roberts not only found the tapes to be evidence but demanded that the government file a full explanation on their destruction in 2005. Continue reading ‘Federal Judge Orders Administration to Explain the Destruction of CIA Torture Tapes; Finds Tapes to be Evidence’
A Made Man Returns: Wolfowitz Gets Another Government Job
Published 1, January 25, 2008 Bizarre , Congress , Criminal law , Justice , Lawyering , Politics 3 CommentsAfter pushing the country into the disastrous Iraq war and then being forced out as head of the World Bank in scandal, Paul Wolfowitz has been given yet another chance to serve his country in his signature fashion as the head a high-level advisory panel on arms control and disarmament. At the same time, another made man Steven G. Bradbury has also been renominated for his position despite (or because of) his endorsement of torture Continue reading ‘A Made Man Returns: Wolfowitz Gets Another Government Job’
Earning Your Bones in the Bush Bada Bing! Club
Published 1, January 25, 2008 Columns , Congress , Criminal law , Lawyering , Politics 7 CommentsFor those interested in why Wolfowitz could possibly secure gainful employment in government after his disasters in Iraq and the World Bank, this prior column may be of interest on how to succeed in the Bush Administration: Continue reading ‘Earning Your Bones in the Bush Bada Bing! Club’
Making a Bad Situation Worse: Wesley Snipes Sends Bizarre Letters to IRS Claiming to Be Alien and Threatening “Collateral Damage”
Published 1, January 25, 2008 Bizarre , Criminal law , Justice , Lawyering 2 CommentsThe criminal trial of Wesley Snipes for tax evasion was already something of a curiosity with its focus on Section 861 tax movement described by experts as a virtual “cult.” Now, the government has revealed unhinged letters where Snipes claims nonresident alien status and appears to threaten the government with “collateral damage” if they pursue his case. Continue reading ‘Making a Bad Situation Worse: Wesley Snipes Sends Bizarre Letters to IRS Claiming to Be Alien and Threatening “Collateral Damage”’
Rockefeller and the Senate Close to Granting Immunity for Telecommunication Companies
Published 1, January 24, 2008 Congress , Constitutional Law , Criminal law , Justice , Politics 23 CommentsIn the latest shocker for civil libertarians, the Senate appears set to grant immunity to telecommunication companies after they participated in the unlawful domestic surveillance program. The Democrats faced intense criticism last year and hoped that the attention and ire of voters would subside with the distraction of elections. The fix was in, however, months ago when Senate Majority Leader Harry M. Reid (D-Nev.) picked the Senate Intelligence Committee’s proposal (favoring immunity) to be the legislation to go first to the floor. Continue reading ‘Rockefeller and the Senate Close to Granting Immunity for Telecommunication Companies’
Detroit Mayor Kwame Kilpatrick Accused of Perjury — Could Face Criminal and Bar Charges
Published 1, January 24, 2008 Bizarre , Criminal law , Justice , Lawyering , Politics 12 CommentsJust as the media is looking back at the ten-year anniversary of the Clinton-Lewinsky scandal, Detroit Mayor Kwame Kilpatrick and his chief of staff are facing accusations of lying under oath in a very similar case. The evidence under uncovered by the Free Press appears quite credible and damning for both Kwame Kilpatrick and his chief of staff Christine Beatty. Continue reading ‘Detroit Mayor Kwame Kilpatrick Accused of Perjury — Could Face Criminal and Bar Charges’
School Destroys Tapes of Harmful Shock Treatments Given to Two Students in Hoax Case
Published 1, January 23, 2008 Bizarre , Criminal law , Justice , Lawyering , Politics , Torts 3 CommentsWhen two emotionally disturbed teenagers at the the Judge Rotenberg Education Center in Boston were given extreme shock treatments after a prank call, seven staff members were fired. It now appears that that was too small of a purge. This week, it was revealed at officials at the Center ordered the destruction of the videotapes of the two boys being abused — despite direct demands that they preserve the tapes. The Center’s defense is virtually identical to that of the Bush Administration in destroying the CIA torture tapes: it was necessary to avoid the inadvertent release of the image to the public and the harm such release would produce. In doing so, the Center may have committed crimes by destroying evidence of its own potential guilt. Continue reading ‘School Destroys Tapes of Harmful Shock Treatments Given to Two Students in Hoax Case’
Judge Questions Decision to Quash Indictments of Texas Supreme Court Justice and Wife; Criticizes Actions of Prosecutors as Premature and Careless
Published 1, January 23, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Lawyering 1 CommentThere is another interesting turn of events in the ongoing scandal over the alleged arson by Texas Supreme Court Justice David Medina and his wife. While state Judge Jim Wallace agreed to the prosecutor’s demand to toss out the indictments, he strongly criticized both the decision and the competence of the prosecutors — voicing obvious questions over why prosecutors would seek an indictment over months only to quash those indictments when they are handed down by a grand jury. Continue reading ‘Judge Questions Decision to Quash Indictments of Texas Supreme Court Justice and Wife; Criticizes Actions of Prosecutors as Premature and Careless’
The Mess in Texas: State and Federal Judges Accused of Everything from Arson to Corruption to Sexual Assault
Published 1, January 22, 2008 Bizarre , Criminal law , Justice , Lawyering , Politics 4 CommentsIt seems that many Texas judges are spending more time in court or before investigators these days — as either defendants or targets. From sexual assault to arson to corruption to abuse, Texas jurists are facing a bumper crop of allegations with additional judicial scandals brewing in neighbor states of Louisiana and Mississippi. For the Fifth Circuit covering all three states, 2008 could be a black year. Continue reading ‘The Mess in Texas: State and Federal Judges Accused of Everything from Arson to Corruption to Sexual Assault’
Criminal Investigation of Judge Samuel Kent Goes Beyond Sexual Misconduct
Published 1, January 22, 2008 Congress , Constitutional Law , Criminal law , Justice , Lawyering 4 CommentsIn the latest indication of how serious the current investigation of U.S. District Judge Samuel B. Kent may be, it was revealed this week that the FBI is investigating possible crimes beyond his alleged sexual misconduct with a court employee. Continue reading ‘Criminal Investigation of Judge Samuel Kent Goes Beyond Sexual Misconduct’
Indictment Against Texas Supreme Court Justice is Quashed by Prosecutor While Jurors Publicly Allege Cover-up
Published 1, January 22, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Lawyering , Politics , Supreme Court 1 CommentThe scandal over alleged arson by Texas Supreme Court Justice David Medina has gotten even more controversial. First, Harris County District Attorney Chuck Rosenthal refused to prosecute Medina after a grand jury issued indictments. Now, two of the grand jurors who voted to indict are having a public fight with Medina counsel, Terry Yates. Yates in turn has called for their punishment in allegedly violating grand jury secrecy. For many, it raises the same images of the ongoing Rocky Flats grand jury controversy. Continue reading ‘Indictment Against Texas Supreme Court Justice is Quashed by Prosecutor While Jurors Publicly Allege Cover-up’
The Dr. Phil Defense: If It Was Friendly, It Was Not Felonious
Published 1, January 21, 2008 Bizarre , Criminal law , Lawyering , Politics , Torts 10 CommentsToday, Dr. Phil (as expected) redefined his role in the Britany Spears controversy, insisting that he visited the pop star as a pop friend, not a pop psychologist. It is a critical distinction that could determine whether Dr. Phil McGraw is charged with a felony. Continue reading ‘The Dr. Phil Defense: If It Was Friendly, It Was Not Felonious’
The Shih Tzu Hits the Fan: Indictments Issue for Texas Mayor Over Theft and Alleged Cover-Up Alleged Over Dog Named Puddles
Published 1, January 21, 2008 Bizarre , Criminal law , Justice , Lawyering , Torts 5 CommentsTexas Mayor Grace Saenz-Lopez and her twin sister have been indicted in bizarre alleged crimes. At the center of the legal storm is a Shih Tzu named Puddles — a canine vixen who places humans under an apparent Voldemort-like trance. Continue reading ‘The Shih Tzu Hits the Fan: Indictments Issue for Texas Mayor Over Theft and Alleged Cover-Up Alleged Over Dog Named Puddles’
Mr. Smith Goes to Court: Ethics Rules Prevented Attorney From Revealing Alleged Prosecutorial Abuse
Published 1, January 21, 2008 Constitutional Law , Criminal law , Justice , Lawyering , Supreme Court 4 CommentsIt has taken by Virginia attorney Leslie P. Smith has finally got something off his chest. Smith was counsel a decade ago for a cooperating witness, William Jones, who wanted to avoid the death penalty for a murder by fingering his co-defendant, Daryl R. Atkins. Atkins got tagged for the murder and the death penalty. However, Smith remained silent about a major problem: he allegedly watched prosecutors coach and conform Jones’ testimony, which was fatally flawed. Now there is a major ethical battle running concurrently with the ongoing battle over putting Atkins to death. Continue reading ‘Mr. Smith Goes to Court: Ethics Rules Prevented Attorney From Revealing Alleged Prosecutorial Abuse’
Behind the Black Hood: Death Row Inmates Seek Identity of their Future Executioners
Published 1, January 20, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Lawyering 1 CommentHistorically, executioners were hooded or masked to prevent retaliation for their service or to convey the image of non-personal justice. Now, five death row inmates are suing to learn the identities of their executioners. With recent disclosures of executioners with criminal records, the lawsuits could create some interesting precedent. Continue reading ‘Behind the Black Hood: Death Row Inmates Seek Identity of their Future Executioners’
Low Tar Goes to High Court
Published 1, January 20, 2008 Congress , Constitutional Law , Justice , Lawyering , Politics , Supreme Court , Torts 3 CommentsLow tar will finally go to the high court. The Supreme Court has added a case, Altria Group Inc. v. Good, that will finally result in a review of the recent cases brought around the country against low tar cigarette companies. It represents one of the most significant areas of liability for the tobacco industry after weathering the multistate settlement and various class action lawsuits seeking hundreds of billions of dollars. Continue reading ‘Low Tar Goes to High Court’
Court Rules that Children’s Faces Put on Adult Bodies Does Not Constitute Child Porn
Published 1, January 20, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Lawyering , Supreme Court 4 CommentsTags: qq
In the last few years, the Supreme Court and lower courts have been considering claims of virtual child pornography — where the images look real but are actually computer generated. It creates a difficult legal question. However, Marshal Zidel presented an equally difficult question for the New Hampshire Supreme Court: Is it child pornography when the camp photographer took the faces of children at the camp and superimposed them on the bodies of adults? The state supreme court ruled that it is not. What is most disturbing is not Zibel’s perverse conduct is not unique. Continue reading ‘Court Rules that Children’s Faces Put on Adult Bodies Does Not Constitute Child Porn’
Fourth Circuit Nominee Getchell Withdraws Name for Court Under Continuing Controversy
Published 1, January 19, 2008 Congress , Lawyering , Politics Leave a CommentIt appears that the Fourth Circuit may remain with five vacancies until the next president. Richmond lawyer E. Duncan Getchell Jr. has withdrawn his name from consideration after a long controversy and objections from key senators. Continue reading ‘Fourth Circuit Nominee Getchell Withdraws Name for Court Under Continuing Controversy’
Innocence Evidence and Prosecutorial Misconduct Found in Tim Masters Case
Published 1, January 19, 2008 Constitutional Law , Criminal law , Justice , Lawyering 5 CommentsThe case of Tim Masters has long been viewed as one of the most disturbing murder convictions on record: a case where a man seemed convicted without direct evidence of guilt, treated abusively by police and painted as a deviate on the basis of childhood drawings. A special prosecutor has now found not only prosecutorial abuse in the case but DNA evidence that points to another man. Continue reading ‘Innocence Evidence and Prosecutorial Misconduct Found in Tim Masters Case’
Canada Lists the United States as a Torture Nation
Published 1, January 19, 2008 Constitutional Law , Criminal law , Justice , Lawyering 14 CommentsThe Bush Administration promised to re-define the country’s position in the post-9-11 world and it can now count our Canadian cousins as part of the transformation. The Canadian Department of Foreign Affairs has included the United States on the infamous list of countries which torture prisoners. In the meantime, Republican Tom Ridge has stated that there is no question about waterboarding being a form of torture. Continue reading ‘Canada Lists the United States as a Torture Nation’
San Francisco Zoo Tiger Attack Case May Come Down to Plaintiffs’ Conduct Questions
Published 1, January 18, 2008 Bizarre , Criminal law , Environment , Lawyering , Torts 4 CommentsIt appears that the tiger attack in the San Francisco Zoo may boil down to a case over plaintiffs’ conduct. New reports indicate that the two brothers mauled in the attack may have taunted the tiger, stood on the railings, and at least one may have been drunk at the time of the attack. Continue reading ‘San Francisco Zoo Tiger Attack Case May Come Down to Plaintiffs’ Conduct Questions’
Texas Supreme Court Justice Charged with Wife in Connection with Arson
Published 1, January 18, 2008 Bizarre , Criminal law , Justice , Politics Leave a CommentTexas Supreme Court Justice David Medina and his wife Fran Medina have been indicted by a Houston grand jury in connection to the alleged arson in June at their home. Justice Medina is charged with the arson and his wife with tampering of evidence. What is remarkable is that, despite the indictments, Harris County District Attorney Chuck Rosenthal indicated that he may not prosecuted due to insufficiency of evidence – a claim that will likely raise concerns over special treatment by the jurist. Continue reading ‘Texas Supreme Court Justice Charged with Wife in Connection with Arson’
Man Tasered to Death After Traffic Accident Bender as Report Shows Fatalities Rising From Tasers Across the Country
Published 1, January 18, 2008 Bizarre , Criminal law , Justice , Torts 2 CommentsIn the latest Taser-related death, Mark C. Backlund died after officers hit him with a Taser for being “uncooperative” after a traffic accident in Minnesota. The death comes after a study showing the increased use and lethality of Tasers across the country. Continue reading ‘Man Tasered to Death After Traffic Accident Bender as Report Shows Fatalities Rising From Tasers Across the Country’
Dr. Phil Charged With Practicing Without A License in Britney Spears Stunt
Published 1, January 18, 2008 Bizarre , Criminal law , Torts 6 CommentsMuch like our own embarrassment over faux television judges, it appears that psychologists are not happy with Dr. Phil’s conversion of their field into a form of entertainment. A complaint has been filed that Dr. Phillip C. McGraw’s (his real name) rush to interject himself into the Britney Spears controversy constitutes practicing without a license. It could present an interesting question for both medical and legal personalities on television. Continue reading ‘Dr. Phil Charged With Practicing Without A License in Britney Spears Stunt’
Scientology Lawyers Go After Bloggers and Sites Featuring Bizarre Cruise Videotape
Published 1, January 17, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Lawyering , Media , Politics , Supreme Court , Torts 4 CommentsScientology has long been criticized for using litigation to wear down anyone who challenges or investigates its church. Now, Gawker and other sites found themselves the recipients of threatening letters not to show the video, which contains a rather odd interview with Cruise in a frenzy over Scientology and its powers. The claim of copyright infringement and criminal violations appears a scare tactic given the newsworthy content of the video. While some sites immediately buckled under the pressure, Gawker has taken a public and defiant stance against Church. While Scientology founder L. Ron Hubbard told his supporters that litigation is meant to harass enemies not win cases, this is one first amendment fight the Church may want to avoid. Continue reading ‘Scientology Lawyers Go After Bloggers and Sites Featuring Bizarre Cruise Videotape’
The Spin Begins: House Leaders Offer Rogue Employee Theory for CIA Torture Tape Destruction
Published 1, January 17, 2008 Congress , Criminal law , Justice , Lawyering , Politics 11 CommentsFor weeks, there has been a concerted effort in both Congress and the White House to contain the scandal over the CIA torture tapes, while giving the impression of a serious effort to investigate. This week’s House Intelligence hearing seemed to confirm the worst suspicions along these lines as both Democrats and Republicans offered a rogue employee theory to explain the destruction — and in the process, relieve themselves and the Administration of serious blame. Continue reading ‘The Spin Begins: House Leaders Offer Rogue Employee Theory for CIA Torture Tape Destruction’
Huckabee Calls for Constitution to Be Amend to Conform to the Word of God
Published 1, January 17, 2008 Bizarre , Constitutional Law , Justice , Politics , Religion , Supreme Court 16 CommentsIn the escalation of faith-based pitches by both Democratic and Republican presidential candidates, Mike Huckabee has thrown down a new challenge: amending the Constitution to conform to the word of God. In a recent statement, Huckabee stated: “[Some of my opponents] do not want to change the Constitution, but I believe it’s a lot easier to change the Constitution than it would be to change the word of the living God . . . and that’s what we need to do, is to amend the Constitution so it’s in God’s standards, rather than try to change God’s standards.” What is most remarkable is how little remarkable this statement proved to be with mainstream media. Continue reading ‘Huckabee Calls for Constitution to Be Amend to Conform to the Word of God’
DEA Agents Sue for Defamation Over Denzel Washington’s Film “American Gangster”
Published 1, January 17, 2008 Bizarre , Justice , Lawyering , Torts Leave a CommentIn a rare defamation action, a group of retired federal drug enforcement agents are suing NBC Universal, alleging that the movie “American Gangster” falsely portrayed them. In the film starring Denzel Washington, the agents are portrayed as the bad guys in the story of a Harlem heroin trafficker. The former agents are seeking $50 million in damages plus profits from the film, including punitive damages. NBC Universal seems to be making matters worse for themselves by alternatively claiming that the story is based of fact or completing fictional. Continue reading ‘DEA Agents Sue for Defamation Over Denzel Washington’s Film “American Gangster”’
Wesley Snipes Trial to Highlight 861 Scam — Considered a Cult-like Movement By Tax Experts
Published 1, January 16, 2008 Bizarre , Criminal law , Justice , Lawyering Leave a CommentThe criminal trial of Wesley Snipes and two other men will focus on a little known movement based on Section 861 of the Internal Revenue Code. This group argues that citizens are only required to pay taxed on earnings made outside but not inside the country. Snipes could be looking at real jail time for his involvement with the group even after he signed a affidavit of incompetence in 2000 that he does not understand his basic tax obligations. Continue reading ‘Wesley Snipes Trial to Highlight 861 Scam — Considered a Cult-like Movement By Tax Experts’
Arrest Warrant Issued for Archbishop Earl Paulk
Published 1, January 16, 2008 Bizarre , Criminal law , Lawyering , Politics , Torts 3 CommentsArchbishop Earl Paulk’s problems just got a lot more serious. As reported earlier, he has been under criminal investigation in Georgia and now an arrest warrant has been issued for the 80-year-old leader of the Holy Spirit at Chapel Hill Harvester Church after a long investigation by the Georgia Bureau of Investigation. He is accused of felony perjury related to a civil lawsuit alleging that he coerced a church employee to have an affair with him. Continue reading ‘Arrest Warrant Issued for Archbishop Earl Paulk’
From The Brazen Bull to Lethal Injection: The Punishment Fits the Times
Published 1, January 16, 2008 Columns , Constitutional Law , Criminal law , Justice , Lawyering , Politics , Supreme Court 4 CommentsNothing becomes politics quite like death. With a presidential election approaching and three important cases before the Supreme Court, the country is once again grappling with the death penalty. Politicians and citizens alike are debating how — and whether — we should kill those who kill others.
It is a debate with particular importance to Ralph Baze and Thomas Clyde Bowling Jr., death-row inmates who are challenging the constitutionality of lethal injection as a method of execution in Kentucky. The court is set to issue its first ruling in more than 100 years on the method of executions. Continue reading ‘From The Brazen Bull to Lethal Injection: The Punishment Fits the Times’
Hate Speech or State Coercion?: Video of Ezra Levant Hearing Raises Serious Questions over Hate Speech Investigations in Canada
Published 1, January 15, 2008 Bizarre , Constitutional Law , Justice , Lawyering , Politics 5 CommentsEzra Levant is hardly a popular choice for many who defend free speech. He is considered by many as something of a right wingnut in Canada who publishes the controversial Western Standard. However, he has released a disturbing video of a hearing in which he was called to account for his publication of the Danish Mohammed cartoon that led to the violence around the world. The hearing before the Alberta Human Rights and Citizenship Commission should not sit well with civil libertarians who resist government controls or coercion of free speech. Watching these videos raises serious questions about the scope of these laws and whether they are intruding on protected areas of speech. Continue reading ‘Hate Speech or State Coercion?: Video of Ezra Levant Hearing Raises Serious Questions over Hate Speech Investigations in Canada’
Rosa Parks Part II: Israeli Women Fight Against Attacks and Segregation on Public Buses
Published 1, January 15, 2008 Bizarre , Constitutional Law , Justice , Lawyering , Politics , Supreme Court 4 CommentsDespite its strong secular traditions, Israel remains a nation with many laws and customs enforced to protect Jewish religious practices. Public buses have long been a danger zone for women who are targeted by ultra-orthodox Jews for wearing trousers or mixing with men. Women have been physically assaulted and are forced to sit in the back of the bus in religious areas. Now, the Israeli Supreme Court is faced with a filing by women who have refused to move to the back of the bus like Rosa Parks. Continue reading ‘Rosa Parks Part II: Israeli Women Fight Against Attacks and Segregation on Public Buses’
Embryo No Heir: Court Rules Post-Death Implantation of Embryo Qualifies for Inheritance
Published 1, January 15, 2008 Bizarre , Lawyering , Politics 5 CommentsIn a fascinating case in Arkansas, the state Supreme Court has ruled that a child conceived through in vitro fertilization is not his father’s heir if the embryo was implanted after his death. Amy Finley’s problem is that the state law predates in vitro procedures and thus the court found no intention of the legislature to extend inheritance to such births. The case raises the question of not just the meaning of conception but the status of posthumous children. Continue reading ‘Embryo No Heir: Court Rules Post-Death Implantation of Embryo Qualifies for Inheritance’
Faux TV Judge Goes to Real Court: Justices Express “Skepticism” Over Claims of “Judge Alex” in Supreme Court
Published 1, January 15, 2008 Bizarre , Constitutional Law , Justice , Lawyering , Supreme Court 1 Comment“Judge Alex” may get good review on his TV faux court show, but he faced decidedly poor review before real justices on the Supreme Court. Alex Ferrer’s contract dispute with an artists’ manager, Arnold Preston, made it to the Supreme Court this week and most justices appeared to reject the TV judge’s claims in the contract dispute. Continue reading ‘Faux TV Judge Goes to Real Court: Justices Express “Skepticism” Over Claims of “Judge Alex” in Supreme Court’
Bush Administration Backs D.C. Gun Controls Before Supreme Court
Published 1, January 14, 2008 Constitutional Law , Criminal law , Justice , Lawyering , Politics , Supreme Court 5 CommentsIn a surprising move, the Bush Administration has supported D.C. in the upcoming review of its gun control laws just as gun rights advocates thought they had finally achieved an upper hand on the long-unresolved constitutional question. Continue reading ‘Bush Administration Backs D.C. Gun Controls Before Supreme Court’
Inmate Sues Jail for Injuries from Escape Attempt — Alleges Negligent Security
Published 1, January 14, 2008 Bizarre , Criminal law , Justice , Lawyering , Torts Leave a CommentIn the world of jail house law, Scott Anthony Gomez Jr. is a stand out. Convicted of weapons charges, Gomez escapted once from the Pueblo County Jail in Colorado, only to be caught again. In his his attempt, he fell from an 85 foot height, seriously injuring himself. He argues in his federal filing that, if the jail was better secured, he would not have attempt such an act. Continue reading ‘Inmate Sues Jail for Injuries from Escape Attempt — Alleges Negligent Security’
OK You Win: Two Police Officers Fired After Putting Guns to the Heads of Men Playing Foosball
Published 1, January 14, 2008 Bizarre , Criminal law , Justice Leave a CommentDallas Police Officers Randy Anderson, 25, and Paul Loughridge, 48, apparently view foosball as more of a contact support. The two officers have been fired after they put their guns to the heads to two men — including country music singer Steve Holy — during a late night game in Holy’s garage. Continue reading ‘OK You Win: Two Police Officers Fired After Putting Guns to the Heads of Men Playing Foosball’
Columnist and Clinton Adviser Sidney Blumenthal Arrested for Aggravated DWI
Published 1, January 13, 2008 Bizarre , Politics 3 CommentsSindey Blumenthal has long been viewed as one of Bill Clinton’s and then Hillary Clinton most aggressive supporters. Often criticized for his scorched earth tactics against any critics of the Clinton, Blumenthal now faces his own fight after an arrest the day before the New Hampshire primary for aggravated drunk driving. Continue reading ‘Columnist and Clinton Adviser Sidney Blumenthal Arrested for Aggravated DWI’
Court Orders Blogger to Stop Writing About A Pending Case and Children
Published 1, January 13, 2008 Constitutional Law , Lawyering , Politics , Supreme Court 4 CommentsIn a very difficult and interesting first amendment case, a family court in Providence has ordered a blogger to stop writing about her own case on custodyscam.blogspot.com. Rev. Anne Grant — who heads the Parenting Project based at the Mathewson Street United Methodist Church in Providence — is challenging Family Court Judge John A. Mutter’s before the state supreme court on first speech grounds. Continue reading ‘Court Orders Blogger to Stop Writing About A Pending Case and Children’
Justice Department Argues in Court that CIA Did Not Have to Preserve Torture Tapes While It Continues to “Independently Investigate” That Very Crime
Published 1, January 13, 2008 Congress , Constitutional Law , Criminal law , Justice , Lawyering , Politics , Uncategorized 4 CommentsWith little attention in the media, the Justice Department has filed papers in federal court arguing that the CIA did not have an obligation to preserve the infamous torture tapes and therefore was lawfully entitled to destroy them. The filing patently demonstrates the conflict of interest in Attorney General Michael Mukasey insisting that the Justice Department investigate the possible criminal conduct in the matter. Now, the Justice Department is not only investigating itself, but it is investigating a crime that it has rejected as baseless in court filings. The ACLU case has also shown that other officials were aware of the tapes, including the CIA Inspector General’s Office — which means that the agency “watchdogs” knew of a torture program – a clear criminal enterprise – and did nothing. Continue reading ‘Justice Department Argues in Court that CIA Did Not Have to Preserve Torture Tapes While It Continues to “Independently Investigate” That Very Crime’
Your Papers Please: The United States Adopts a National ID Card And Abandons Priniciples
Published 1, January 12, 2008 Congress , Constitutional Law , Criminal law , Lawyering , Politics , Testimony 13 CommentsWith states and citizens objecting, the Congress and the Bush Administration have moved ahead to require a national identification card — abandoning decades of opposition to such a system on civil liberties grounds. I testified against this proposal when it was first made in the immediate aftermath of the 9-11 attacks. What is truly remarkable is that the REAL ID has become little more than an excuse to do something that the Bush Administration has been trying to do for years: create interlocking databases on citizens. Continue reading ‘Your Papers Please: The United States Adopts a National ID Card And Abandons Priniciples’
DARPA and the Administration’s Plan for “Total Transparency” in a Fishbowl Society
Published 1, January 12, 2008 Columns , Congress , Justice , Politics 1 CommentGiven the controversy over the new national identification card and government sharing of files on citizens, this prior column on the work of DARPA to achieve “total transparency” in society may be of interest. Continue reading ‘DARPA and the Administration’s Plan for “Total Transparency” in a Fishbowl Society’
National Identification Card Testimony
Published 1, January 12, 2008 Congress , Constitutional Law , Criminal law , Justice , Lawyering , Politics 3 CommentsIn November 2001, I testified against the national identification card proposal when it was first made in Congress. Below is the oral testimony from that hearing before the House Government Reform Committee, Financial Management and Intergovernmental Relations Subcommittee on Nov. 16, 2001: Continue reading ‘National Identification Card Testimony’
Don’t Feed the Cannibals: PETA Wants Vegetable Only Diet for Man Accused of Eating Girlfriend
Published 1, January 11, 2008 Bizarre , Criminal law Leave a CommentIn my work in prisons, I have had on occasion to insist on dietary changes, particularly for my Muslim clients. However, this is the first time I have heard of an outside organization asking a prison to impose a particularly dietary plan. PETA has asked for a vegetarian diet for Christopher Lee McCuin, 25, who killed and cooked his girlfriend 21-year-old Jana Shearer in Texas. Continue reading ‘Don’t Feed the Cannibals: PETA Wants Vegetable Only Diet for Man Accused of Eating Girlfriend’
My Cousin Vinny Moment: Judge Stops Proceedings Over Prosecutor’s Neckwear
Published 1, January 11, 2008 Bizarre , Lawyering 5 CommentsWarren Zier could have used from blind justice this month when he appeared before Milwaukee Circuit Judge William Sosnay wearing an ascot. Putting aside the question of the stylistic choices of an ascot for a court appearance, Sosnay saw the item as a violation of court rules. However, prosecutor Zier could have a case — and a line of harrumphing ascot-wearing prigs in protest behind him. Continue reading ‘My Cousin Vinny Moment: Judge Stops Proceedings Over Prosecutor’s Neckwear’
Prohibitions on Horse Meat Industry Lead to Cruel Unintended Consequence
Published 1, January 11, 2008 Bizarre , Congress , Constitutional Law , Environment , Politics 2 CommentsWhile politicians have been unable to reach consensus on the war, civil liberties, and the environment, members were eager to act on a national crisis a few years ago: French people eating American horses. Members passed legislation to ban the slaughter of American horses destined for French tables. However, it now appears that the legislation has merely led to horses being forced into a grueling transports to the Canadian and Mexican borders for slaughter. Continue reading ‘Prohibitions on Horse Meat Industry Lead to Cruel Unintended Consequence’
Horsing Around in Congress: The Senate Seeks a Ban on the Slaughter of American Horses for Human Consumption
Published 1, January 11, 2008 Bizarre , Columns , Congress , Constitutional Law , Environment , Politics 8 CommentsGiven the recent controversy over horse slaughter houses in Mexico, this prior column on the intervention of Congress into the world of horse meat may be of interest. Continue reading ‘Horsing Around in Congress: The Senate Seeks a Ban on the Slaughter of American Horses for Human Consumption’
Federal Judges Suggest that Anti-Clinton Film is Political Advertising and Could Fall Under Disclaimer and Disclosure Rules
Published 1, January 11, 2008 Congress , Constitutional Law , Politics , Supreme Court 2 CommentsA three-judge panel on the D.C. Court of Appeals appear ready to declare a film on Hillary Clinton to be cleverly disguised campaign advertising, including Judge Royce Lamberth who started to call the arguments of the conservative film maker “ridiculous” in open court. The case, however, is an interesting one due to the lack of a clear test on how to determine if a film is an advertisement or a true film in a campaign year. The film, “Hillary: The Movie,” may have to comply with campaign advertising rules that would restrict its exposure in some media and even require a warning. Probably the worst penalty would be the need for the filmmakers to reveal the sources of their financial support — opening up the shadowy finances of such partisan efforts by both democratic and republicans groups. Continue reading ‘Federal Judges Suggest that Anti-Clinton Film is Political Advertising and Could Fall Under Disclaimer and Disclosure Rules’
Famous Torts Lawyer Dickie Scruggs Indicted With Son for Bribery: Defense Counsel Withdraw From Case
Published 1, January 10, 2008 Criminal law , Lawyering , Politics , Torts Leave a CommentTorts lawyer Richard “Dickie” Scruggs has long been famous or infamous depending on your view of his windfall, one billion fee award in the tobacco settlement. Now, the brother-in-law of Trent Lott will face a criminal trial on bribery and related charges with his son. To make matters worse, his legal team just withdrew from his defense. Continue reading ‘Famous Torts Lawyer Dickie Scruggs Indicted With Son for Bribery: Defense Counsel Withdraw From Case’
One Minute — One Million Dollars: Law Firm Loses Claim for Legal Fees By Filing One Minute Late
Published 1, January 10, 2008 Bizarre , Justice , Lawyering 5 CommentsA law firm is looking at a nightmare after it filed one minute late — and lost one million dollars. The lawyers had the right to seek the fees on behalf of its client Toshiba America and does not meet the standard of excusable neglect when the lawyer was forced to wait for a “long train to pass.” Continue reading ‘One Minute — One Million Dollars: Law Firm Loses Claim for Legal Fees By Filing One Minute Late’
Dykes on Bikes Ride! Supreme Court Refuses to Hear Trademark Case
Published 1, January 10, 2008 Bizarre , Constitutional Law , Justice , Supreme Court Leave a CommentThat rumbling sound that you may have heard this week may be the Dykes on Bikes. The San Francisco motorcycle club got final approval for its trademark of the name “Dykes on Bikes” when the U.S. Supreme Court refused to hear a challenge from a men’s right advocate. Continue reading ‘Dykes on Bikes Ride! Supreme Court Refuses to Hear Trademark Case’
Visions of Oliver North: Jose Rodriguez Demands Immunity as Condition for Congressional Immunity in CIA Torture Scandal
Published 1, January 10, 2008 Congress , Constitutional Law , Criminal law , Justice , Lawyering , Politics 8 CommentsJose Rodriguez, the man who ordered the destruction of the CIA torture tapes, has retained D.C. lawyer Robert Bennett and has demanded that he be given a grand of immunity by Congress before he testifies. It is a move that could practically cripple any prosecution, as shown by the Oliver North case. Continue reading ‘Visions of Oliver North: Jose Rodriguez Demands Immunity as Condition for Congressional Immunity in CIA Torture Scandal’
“Iron My Shirt” Protesters of Clinton May Have Been Plants By Radio Station
Published 1, January 9, 2008 Bizarre , Politics 7 CommentsIt was an extraordinary scene on the last day of campaigning for New Hampshire voters when two sexist men jumped up and started waving signs that said IRON MY SHIRT and chanting the same line. Clinton immediately seized on the moment, pointing out the sexism that still exists and ordering that the lights be brought up. It infuriated many woman and could well have secured the slim margin of victory in the state for Clinton. It now appears that the protest was a stunt by a radio program by Nick Gemelli and Adolfo Gonzalez — regulars on the “Toucher and Rich” radio show at WBCN in Boston. The question now is what WBCN will do about a shock jock show that may have determined — or certainly contributed to — the outcome of a critical primary. Continue reading ‘“Iron My Shirt” Protesters of Clinton May Have Been Plants By Radio Station’
Craig Challenges Conviction Claiming Hand Signals are Protected Speech and Conduct was Victimless
Published 1, January 9, 2008 Bizarre , Congress , Constitutional Law , Criminal law , Justice , Lawyering , Politics Leave a CommentAs discussed in prior entries, Senator Larry Craig is arguing that his guilty plea is invalid because the underlying conduct cannot be a crime. While the odds are against him, the argument has merit. Continue reading ‘Craig Challenges Conviction Claiming Hand Signals are Protected Speech and Conduct was Victimless’
Grand Jury Reportedly Investigating Crimes in the Megan Meier MySpace Suicide Case
Published 1, January 9, 2008 Constitutional Law , Criminal law , Justice , Lawyering , Politics , Torts 4 CommentsA federal grand jury is reportedly investigating possible criminal charges in the suicide case of 13-year-old Megan Meier. At the same time, the state is considering a new law to criminalize the conduct that led to the girl’s suicide after a mother faked the identity of a young boy on MySpace and then cruelly dumped the teenager after she became infatuated with him. The mother and neighbor, Lori Drew, has not been called, but could be a target for criminal charges. Continue reading ‘Grand Jury Reportedly Investigating Crimes in the Megan Meier MySpace Suicide Case’
Supreme Court Refuses Case of Cuckolded Husband Who Won $750,000; Mississippi Supreme Court Upheld Alienation of Affection Tort
Published 1, January 9, 2008 Bizarre , Justice , Lawyering , Torts 2 CommentsThe Supreme Court has refused to hear an appeal from the decision of the Mississippi Supreme Court to uphold the alienation of affection tort and to award a man $750,000 to be paid by his wife’s lover. Sandra Valentine (yes, Valentine) was accused by her husband of having an affair with her wealthy businessman, Jerry Fitch, and having a baby with him. After divorcing Valentine, Johnny Valentine sued Fitch and won. In its ruling, the Mississippi Supreme Court rejected calls to reject the tort of alienation of affection as antiquated. Continue reading ‘Supreme Court Refuses Case of Cuckolded Husband Who Won $750,000; Mississippi Supreme Court Upheld Alienation of Affection Tort’
Sen. Mary Landrieu Accused of Trading Earmarks for Campaign Contributions
Published 1, January 9, 2008 Congress , Criminal law , Politics 1 CommentSen. Mary Landrieu (D-La.) has been accused of trading a $2 million earmark in exchange for $30,000 in campaign contributions from Voyager Expanded Learning. Landrieu denies the allegations. However, at a minimum, the scandal should refocus attention on the utter failure of the Democrats to keep their pledge to clean up Congress. Regardless of the merits of these allegations, one obvious question should be why senators are forcing such contracts on the D.C. government or any governmental agency. at a fundraiser held by Voyager’s founder and chairman. Continue reading ‘Sen. Mary Landrieu Accused of Trading Earmarks for Campaign Contributions’
Latest Celebrity Defamation Lawsuit: Jerry Seinfeld and Wife Sued for Defamation
Published 1, January 8, 2008 Bizarre , Constitutional Law , Justice , Lawyering , Supreme Court , Torts 4 CommentsThere has been a spate of recent defamation actions by and against celebrities from Roger Clemens to Tom Cruise and now Jerry Seinfeld. Seinfeld and his wife Jessica Seinfeld have been sued by Missy Chase Lapine over comments made on the David Letterman Show about her and her allegations of plagiarism of a cookbook by Jessica Seinfeld. This one could actually make some interesting new law if it goes the distance. Continue reading ‘Latest Celebrity Defamation Lawsuit: Jerry Seinfeld and Wife Sued for Defamation’
Byrd Racks Up $3 Billion in Earmarks — So Much For Budget Reform
Published 1, January 8, 2008 Bizarre , Congress , Politics 2 CommentsFor those who vaguely remember promises that Democrats would clean up Congress, they might want to look at West Virginia which is dumping ground for $3 billion in earmarks by Sen. Robert Byrd. What is astonishing is that establishment politicians are still scratching their heads over why upstarts like Obama, Huckabee, and Paul are doing so well. They might want to look at the litany of broken promises made by those “with experience” in Washington. Continue reading ‘Byrd Racks Up $3 Billion in Earmarks — So Much For Budget Reform’
Georgia Supreme Court Considers the Limits of the Laws of Banishment and Physics
Published 1, January 8, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Lawyering 4 CommentsThe Georgia Supreme Court is considering a basic law of physics: is a man is banished from the entire state except for a small county in a distant section: how can he get there and, if he does, how can he live. This is the intriguing question presented by a lower court’s sentence that Gregory Mac Terry is banished from all but one of the state’s 159 counties. Banishment has become the rage with state judges but there remains a question of constitutionality, if not impossibility. Continue reading ‘Georgia Supreme Court Considers the Limits of the Laws of Banishment and Physics’
Fire Chief Resigns Over Emailed Photos of Seminude Victim
Published 1, January 8, 2008 Constitutional Law , Criminal law , Politics , Torts Leave a CommentUmatilla Fire Chief Richard Shirk has resigned after he took photos of a 26-year-old woman being treated by emergency workers, including seminude photos of the victim — who later died. The resignation may not end the controversy if the family sues, as did the family of Nicole “Nikki” Catsouras after pictures of her decapitated body were sent around the Internet by emergency officials. Continue reading ‘Fire Chief Resigns Over Emailed Photos of Seminude Victim’
Nuptials or Cannibals? Bride Serves Up Self to Celebrate Wedding
Published 1, January 7, 2008 Bizarre 9 CommentsOk, this has absolutely nothing to do with the law or policy. However, there must be some deeper social question revealed from this photograph of a bride, Chidi Ogbuta of Texas, who had herself sculpted into a full-size wedding cake. Continue reading ‘Nuptials or Cannibals? Bride Serves Up Self to Celebrate Wedding’
Roger Clemens Files Defamation Lawsuit Over Allegations of Use of Performance-Enhancing Drugs
Published 1, January 7, 2008 Constitutional Law , Criminal law , Lawyering , Torts 4 CommentsIn what seems to be a trend among celebrities, Roger Clemens has joined the ranks of celebrities filing defamation lawsuits. In a Texas complaint, Clemens is suing former trainer Brian McNamee for 15 allegedly untrue statements about use of steroids and human growth hormones. On the same day his interview about alleged steroid use was broadcast on “60 Minutes,” Roger Clemens beat Brian McNamee to court, filing a defamation suit against the former trainer who claimed to have injected him with performance-enhancing drugs. Continue reading ‘Roger Clemens Files Defamation Lawsuit Over Allegations of Use of Performance-Enhancing Drugs’
Another Official Accused of Sending Graphic Pictures of Accident Victims to Friends
Published 1, January 7, 2008 Bizarre , Constitutional Law , Justice , Torts Leave a CommentNot long after the scandal of officials sending pictures of a decapitated Nicole “Nikki” Catsouras to friends on MySpace and the Internet, a fire Chief in Central Florida is accused to sending pictures of an accident victim to friends by e-mail. Umatilla Fire Chief Richard has been suspended after he allegedly took (and later e-mailed) pictures of a 26-year-old woman being treated by emergency workers after she crashed her sport utility vehicle into a tree. The woman died later from her injuries. The pictures include nudity. Continue reading ‘Another Official Accused of Sending Graphic Pictures of Accident Victims to Friends’
Pennsylvania Supreme Court Rules In Favor of Sperm Donor Against Mother Claiming Child Support — Despite Earlier Waiver
Published 1, January 7, 2008 Bizarre , Constitutional Law , Justice , Lawyering 2 CommentsIn the latest of a series of interesting cases involving sperm donors and surrogate mothers, the Pennsylvania Supreme Court has ruled that a sperm donor is not liable for child support. The decision in favor of Joel L. McKiernan reversed lower court decisions compelling him to pay child support despite a promise from Ivonne V. Ferguson, his former girlfriend and co-worker, that she would not ask for such support. Continue reading ‘Pennsylvania Supreme Court Rules In Favor of Sperm Donor Against Mother Claiming Child Support — Despite Earlier Waiver’
Mr. Bumble’s Revenge: Judge Sentences Woman to Contempt for Telling Her to Kiss a Certain Body Part
Published 1, January 6, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Lawyering 6 CommentsIn Oliver Twist, Mr Bumble said “If the law supposes that . . . the law is a ass.” It perhaps a lesson now understood by Judith Law who received an extra 90 days to telling South Carolina Circuit Judge Diane Goodstein to “kiss her ass” on a probation revocation order. Continue reading ‘Mr. Bumble’s Revenge: Judge Sentences Woman to Contempt for Telling Her to Kiss a Certain Body Part’
Accused Terrorist Jose Padilla Sues Law Professor John Yoo
Published 1, January 6, 2008 Bizarre , Congress , Constitutional Law , Criminal law , Justice , Lawyering , Politics , Supreme Court , Torts 8 CommentsIn a curious lawsuit, accused terrorist Jose Padilla has sued Law Professor John Yoo. Yoo is the supposedly one of the authors of several memos supporting President Bush’s enemy combatant policy and has been linked to the abuse that resulted from that policy. Yoo and Georgetown Professor Viet Dinh have been criticized for their roles in creating these abuses that include a formal torture program and the denial of basic constitutional rights. Continue reading ‘Accused Terrorist Jose Padilla Sues Law Professor John Yoo’
Chris Wilson’s War: Publisher of Iraqi War Dead Arrested and Computer Seized: Was it Porn or Politics?
Published 1, January 6, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Lawyering , Military , Politics , Supreme Court , Torts Leave a CommentThere is an interesting fight brewing over the arrest of Chris Wilson. Wilson is hardly Thomas Paine, unless Paine dabbled in porn. Wilson, 28, is the founder and manager of a controversial site, nowthatsfuckedup.com, where guys post sexually explicit shots of their wives and girlfriends. Nice. However, recently Wilson began to post explicit and disturbing pictures of the carnage from Iraq, photos reportedly sent by soldiers posted abroad. In October, Wilson’s home was raided, his computer seized, and he is now facing life in prison. Beneath the gore and porn, Wilson may have a valid first amendment case. Continue reading ‘Chris Wilson’s War: Publisher of Iraqi War Dead Arrested and Computer Seized: Was it Porn or Politics?’
Tom Cruise Reportedly Preparing Defamation Suit Against Andrew Morton’s Book on His Scientology Practices
Published 1, January 6, 2008 Bizarre , Constitutional Law , Lawyering , Torts 5 CommentsTom Cruise has long proclaimed his faith in Scientology. Now, however, he is reportedly preparing a lawsuit against author Andrew Morton for his book, Tom Cruise: An Unauthorized Biography, in which he details an assortment of cult-like episodes involving Cruise and states that Cruise is now the de facto second-in-command of the Church. If filed, it could prove a fascinating case since discovery would probably not appeal to the notoriously secretive Church of Scientology. Among other things, Morton would be entitled to call Scientology leader David Miscavige, who is discussed at length in the book. Continue reading ‘Tom Cruise Reportedly Preparing Defamation Suit Against Andrew Morton’s Book on His Scientology Practices’
Supreme Court Takes Up Child Rape Death Penalty Case
Published 1, January 5, 2008 Constitutional Law , Criminal law , Justice , Lawyering , Supreme Court 2 CommentsWith the Court set to rule on the constitutionality of lethal injection, it has taken an equally important case to review the constitutionality of capital punishment for non-homicide crimes. Patrick Kennedy, 43, was sentenced to death for the rape of his 8-year-old stepdaughter in Louisiana — one of only two death row inmates sentenced for a non-homicide crime. After decades of the Court pruning back the death penalty through exceptions, this could be a case where there is an expansion of capital punishment. Continue reading ‘Supreme Court Takes Up Child Rape Death Penalty Case’
Texas Officials Investigate Whether Father’s Shooting of Two Daughters Was a Muslim Honor Killing
Published 1, January 5, 2008 Bizarre , Criminal law , Justice , Religion 4 CommentsAuthorities in Lewisville, Texas believe that Yaser Abdel Said, 50, shot his daughters Sarah Yaser Said, 17, and Amina Yaser Said, 18, in his taxi as an honor killing. It is not clear whether this was the motive. Such a honor killing would follow an equally disturbing case involving a homicidal father and the Indian caste system. Continue reading ‘Texas Officials Investigate Whether Father’s Shooting of Two Daughters Was a Muslim Honor Killing’
The Thin Black Line: Wisconsin Supreme Court Reprimands Justice Annette Ziegler – Refusing More Serious Discipline for Violating Conflicts of Interest Rules
Published 1, January 4, 2008 Bizarre , Justice , Lawyering , Politics 3 CommentsThe Wisconsin Supreme Court is under fire this week for issuing what is viewed as a slap on the wrist to one of its members: Supreme Court Justice Annette Ziegler. Ziegler violated fundamental conflict of interests rules by presiding over cases where she had an obvious conflict of interest. Public interest advocates noted that attorneys are routinely suspended for such violations by the courts. The case seems to follow recent cases of judges protecting their own while pursuing critics. Continue reading ‘The Thin Black Line: Wisconsin Supreme Court Reprimands Justice Annette Ziegler – Refusing More Serious Discipline for Violating Conflicts of Interest Rules’
Jurors Allege Racism and Coercion in Murder of Fashion Writer Christa Worthington
Published 1, January 4, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Lawyering , Media 3 CommentsThe Christa Worthington murder case has taken a surprising turn as jurors allege that racism played a role in the conviction of Christopher McCowen for the crime. The allegations are strikingly similar to those of a juror in the recent conviction of John White in New York. What is remarkable is that the judge in the Worthington murder case has decided to call the jurors to address the allegations in open court. Continue reading ‘Jurors Allege Racism and Coercion in Murder of Fashion Writer Christa Worthington’
Top Intel Democrat Warned CIA Not to Destroy Tapes — But Then Did Nothing Further
Published 1, January 4, 2008 Congress , Constitutional Law , Criminal law , Justice , Politics 4 CommentsJane Harman, the ranking Democrat on the House Intelligence Committee warned then-CIA general counsel Scott Muller in a 2003 letter that destroying videotapes of terrorist interrogations would put the CIA under a cloud of suspicion. However, what is as remarkable as the decision of the CIA to go ahead with the destruction is the failure of the Democrats to do nothing more than discourage what was a presumptively criminal destruction of evidence. Moreover, there is no mention of the crime of torture — only that it would ”reflect badly on the agency.” Continue reading ‘Top Intel Democrat Warned CIA Not to Destroy Tapes — But Then Did Nothing Further’
Dallas County Expands Its Dubious Record of the Most Wrongly Accused Individuals Cleared by DNA
Published 1, January 3, 2008 Criminal law , Justice , Lawyering 2 CommentsThe latest innocent man wrongly convicted in Dallas County is Charles Chatman who spent 26 years in prison for a rape of a neighbor. He is the 15th such person to be cleared by DNA in Dallas County, which has developed a reputation as a careless and dangerous jurisdiction for criminal prosecutions. Texas itself has had to release at least 30 wrongfully convicted inmates since 2001. The question is what the state and county will do to correct a justice system that seems to unjustly convict the innocent with a shocking repetition. Continue reading ‘Dallas County Expands Its Dubious Record of the Most Wrongly Accused Individuals Cleared by DNA’
Attorneys Seek to Drop Britney Spears While One Remains to Try Novel Criminal Defense
Published 1, January 3, 2008 Bizarre , Criminal law , Justice , Lawyering 1 CommentAttorneys have long had to deal with the ethical problem of representing clients who do not take their legal advice or act against their own interest. In such cases, they may ultimately have no choice but to seek termination of the representation, even in the midst of litigation. That is precisely what counsel has done with Britney Spears, seeking to leave en masse from further representation in her custody battle with Kevin Federline. One lawyer, however, continues to work on the criminal side to try a novel argument to avoid a criminal conviction. For lawyers, it is like watching the world’s longest car wreck. Yet, there is an intriguing legal issue here on the status of celebrities for the purposes of state violations. Continue reading ‘Attorneys Seek to Drop Britney Spears While One Remains to Try Novel Criminal Defense’
Indian Caste System Alleged as Cause of Murder of Family by Father Near Chicago
Published 1, January 3, 2008 Bizarre , Criminal law , Lawyering 1 CommentThe Indian caste system is known to cause violence in India, but a multiple murder case near Chicago has raised the specter of such violence in the United States. Prosecutors say Subhash Chander, an immigrant from India, used gasoline to burn alive his pregnant daughter, son-in-law and their child because he believed that his daughter married beneath her class. Continue reading ‘Indian Caste System Alleged as Cause of Murder of Family by Father Near Chicago’
Priest Indicted for Lying to Grand Jury About Connections to Mob Boss
Published 1, January 3, 2008 Bizarre , Criminal law , Justice Leave a CommentRev. Joseph Sica, 52, a Roman Catholic priest was arrested on perjury charges in Harrisburg this week and accused of lying about his relationship with a mobster in testimony to a grand jury. It is a fascinating case. Often such cases involve first amendment protections for priests, but this indictment is based on alleged social ties and not some confessional issue. Continue reading ‘Priest Indicted for Lying to Grand Jury About Connections to Mob Boss’
Tennessee Judge Resigns After Sexually Deviant Tape is Disclosed
Published 1, January 3, 2008 Bizarre , Constitutional Law , Criminal law , Justice , Lawyering Leave a CommentTennessee judge John B. Hagler has resigned in a bizarre scandal over a tape that reportedly records him enrages in violent and disturbing sexual fantasies. While everyone is calling for the tapes release, however, it is worth considering who released a tape that was found not to be evidence of a crime and protected by privacy. After all, Hagler is entitled to his own private fantasies so long as he does not hurt anyone else or commits a crime. Continue reading ‘Tennessee Judge Resigns After Sexually Deviant Tape is Disclosed’
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