Month: May 2014

Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Media, Politics, Religion, Society

Sudan Foreign Ministry States Christian Woman Sentenced To Death For Apostasy Will Be Freed

By Darren Smith, Weekend Contributor

meriam-yehya-ibrahim-apostasy-sharia-law-sudanAfter an international outrage and widespread condemnation following the death sentence of a pregnant, Christian Sudanese woman accused apostasy and adultery for her marriage to a Christian man, the Sudanese Government has publicly stated it would instead release Meriam Yehya Ibrahim from custody.

BBC News reports that Abdullahi Alzareg, an under-secretary at the foreign ministry, said Sudan guaranteed religious freedom and was committed to protecting the woman who was to be release in a few days.

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Congress, Criminal law, Justice, Politics, Society

House of Representatives Votes To Stop Federal Prosecutions Against Medical Marijuana

By Darren Smith, Weekend Contributor

the-thin-line-of-medical-marijuanaThe United States House of Representatives passed a bill preventing federal prosecutions against patients who use prescribed marijuana and cultivation where it is legal in the various states. If passed by the Senate and signed by the President it would mark a profound reversal in federal marijuana policy.

 

The House voted 219-189 in favor to an amendment of an appropriations bill. The amendment strips the Department of Justice of all funds for enforcing marijuana laws in states where medical marijuana is legal. This would not only include the Drug Enforcement Agency (DEA) but all other agencies as well as DOJ prosecutions, theoretically if signed into law prosecutions already in process must halt as well. With the recent signature by Minnesota’s governor, twenty two states and the District of Columbia have medical marijuana statutes.

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Criminal law, Politics, Society

Missouri Moves To Create Its Own Lethal Drugs After Companies Refuse To Supply Execution

kosterchris_thumb220px-SQ_Lethal_Injection_RoomStates have been struggling with a shortage of lethal drugs to use in execution after companies refused to supply products for the purpose of killing the condemned. This has led one state to move back toward firing squads and electric chairs. Missouri however has moved to directly confront the industry ban on drug sales for execution by going into the business itself. Missouri Attorney General Chris Koster proposed that the state “establish a state-operated, DEA-licensed laboratory to produce the execution chemicals in our state.” That would conceivably allow Missouri not only to supply its own execution drugs but to even supply other states.

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Criminal law, Religion, Society

Florida Woman Listens To Sermon On God Telling Abraham To Kill His Son, Then Proceeds To Kill Her Former Lover’s Son

WPTV Kimberly Lucas_1401290168632_5323939_ver1.0_640_480We have previously discussed how some insanity defense cases raise actions that are identical to those of religious figures in the Bible. What is considered a divine act in the Bible remains a heinous act in the criminal code. That is the paradox involved in the case of Kimberly Lucas, 40, who killed her former partner’s two-year-old daughter after listening to a sermon of Metropolitan Community Church Pastor Lea Brown on Genesis 22 where God asks Abraham to kill his son Isaac.

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Constitutional Law, Criminal law, Society

Atlanta Baby Seriously Injured When SWAT Team Throws Stun Grenade In Crib During No Knock Raid [Updated]

raid31n-1-webM84_stun_grenadeWe have previously discussed our concerns over the seemingly exponential increase in “no knock” raids in the country where police give no warning before raiding a home. (here and here and here and here and here). A tragedy in Atlanta will only increase those concerns for many. Atlanta police say that they purchased drugs at a home and returned with a no-knock warrant late at 3 a.m. to arrest Wanis Thometheva, 30. They burst into the home and threw a stun grenade which landed next to the head of a 19-month-old sleeping in his crib and exploded. The baby is in serious condition and is in a medically induced coma. The pictures of the baby are too disturbing to post. The police found no drugs or weapons or even the man they were seeking to arrest in the raid. Update: Police have declared that the state officials have concluded that no further investigation is warranted into the raid or the use of the grenade.

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Courts, Lawyering, Politics, Society

Benched: Third Broward County Judge Arrested For DUI

rosenthal-judge-thumb-200x200fl-judge-gisele-pollack-dui-arrest-20140502-001Broward Circuit Judge Lynn Rosenthal (left) has been arrested for DUI after she not only alleged struck a car while driving drunk but it turned out to be a cruiser of the Broward County Sheriff’s Department. She is the third such judge in the county to be arrested. Last November, yet another Broward judge, Cynthia Imperato, was busted for DUI. Broward County Circuit Judge, Gisele Pollack (right) was arrested two weeks ago. Pollack’s case however raises an interesting issue. She has objected to a suspension under the Americans With Disabilities Act (ADA) and asked that she be placed on paid leave to overcome a “disease.” For the county citizens, the line of hammered (gaveled?) judges does not exactly instill faith in the court system.

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Congress, Constitutional Law, Courts, Criminal law, International, Justice, Lawyering, Media, Military, Politics, Society

Kerry To Snowden: “Man Up and Come Back to the United States.”

220px-John_Kerry_official_Secretary_of_State_portrait220px-Landsdowne_HeraklesWe previously discussed how terribly confused Hillary Clinton appeared in discussing National Security Agency leaker Edward Snowden. She just could not understand why he would not have trusted the government to deal with any problems or why he would not come back to the United States. Now, Secretary of State John Kerry is offering his own brand of macho advice to the kid: “man up and come back to the United States.” Sure leaders have called for him to be tried as a traitor and either incarcerated for life or executed. Sure, he is not guaranteed to see all of the evidence used against him or even be guaranteed a federal trial as opposed to a military tribunal. However, Kerry appears ready to give him an “attaboy” on his way to solitary confinement under Special Administrative Measures (SAMs) that cut off virtually any contact with the outside world.

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Academia, Free Speech, Society

Utah High School Under Fire For Airbrushing Yearbook Pictures To Cover Up Girls

c3There is an interesting controversy out of Wasatch County, Utah where students were surprised when they received their yearbooks and found themselves wearing outfits that they never saw before. The Wasatch High School had altered photos of girls who had too much skin showing, though what was viewed as inappropriate by the local school officials is rather surprising.

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Constitutional Law, Free Speech, Politics, Society, Torts

Prophylactic or Paternalistic? California Assembly Approves Law That Would Make Condom Use Mandatory In Porn Films

220px-Hall_headshot13540068012600We have previously discussed the crackdown on pornography studios over the failure to use condoms in their filmmaking. I have previously expressed concern over such mandates as curtailing free speech principles while accepting that the public health rationale could well prevail in a court challenge. Now the California Assembly has approved a state law to require condom use in pornographic films produced in the state. It is the first such state law and could be subject to a challenge under the First Amendment. This is Democratic state Rep. Isadore Hall’s third attempt to pass such legislation.

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Constitutional Law, International, Lawyering, Media, Politics

Prominent Canadian Lawyer Suspended In “Scud Stud” Case

logoThere is an interesting case out of Canada where a prominent lawyer, Kristine Robidoux of Calgary, has been suspended after she admitted that she was the source of negative disclosures regarding Arthur Kent — a former reporter known as the “Scud Stud” who was running for the Alberta Legislature. Robidoux had served as volunteer counsel to the campaign and supplied information confidentially to Canwest columnist Don Martin for an article entitled “Alberta’s ‘Scud Stud’ a ‘Dud’ on Campaign Trail.” Kent had received the nickname after reporting from a hotel during Iraqi Scud launchings against Saudi Arabia.

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Academia, Constitutional Law, Society

Supreme Court Strikes Down Florida Law Barring Intellectual Disability Defense Based On Strict IQ Test

Supreme CourtThe U.S. Supreme Court has ruled in Hall v. Florida, an important (though little followed) case involving the standard for intellectual disability. Florida state law imposes a bright-line threshold test in cases of alleged incapacity. If the person has an IQ of 70 or above, the court will not consider such a disability claim. It is an approach that has been widely ridiculed by experts and now, in a 5-4 decision, Justice Anthony M. Kennedy has ruled that such a rule violated the Eighth Amendment and runs counter to recognized scientific standards. My Supreme Court class reviewed Hall and reached the same conclusion, though the vote was almost unanimous. The class voted 13-1 to reverse lower court. The class however got it wrong on the prediction. In a close 8-6 vote, the class predicted that the Supreme Court would affirm.

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Constitutional Law, Media, Society, Torts

Revenge of the Pink Slime II: South Dakota Supreme Court Allows Trial Of ABC For Beef Coverage

220px-Ground_beef_USDAo-pink-slime-abc-news-lawsuit-facebookWe have previously covered the “pink slime” controversy and claims by the industry that the term is defamatory toward a beef product that it prefers to call “lean finely textured beef.” Now, the Supreme Court of South Dakota has cleared the way for a trial of ABC and and several correspondents for the network, including Diane Sawyer, over its coverage of the controversy in a case that threatens the right of the free press as well as free speech.

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