Archive for July, 2010
While England has backed away from extending anonymity to rape defendants (as with rape victims), Australia has a new false rape case involving two anonymous parties. Notably, however, the woman is not being charged with a false report despite the allegation that she may have tried to destroy evidence that the sex was consensual. The evidence was reportedly found among an IPhone’s deleted messages.
The Utah Supreme Court has unanimously overturned the conviction of polygamist leader Warren Jeffs. The Court ruled that the trial court erred in its instructions to the jury and specifically the instruction regarding lack of consent. Jeffs was sentenced to two consecutive terms of five years to life (a rather bizarre range for a determinate sentence).
There is a major first amendment case brewing in Washington, D.C. The National Law Journal was hit with a temporary restraining order from D.C. Superior Court Judge Judith Bartnoff preventing it from publishing facts that its journalists found in publicly available documents. The court blocked the NLJ from revealing the name of a government agency investigating POM Wonderful, a pomegranate juice maker. After signing what appears to be an unconstitutional order, Bartnoff is quoted as saying “If I am throwing 80 years of First Amendment jurisprudence on its head, so be it.”