Donald Giles would appear to have the trifecta of mental incompetence arguments against execution. He is a paranoid schizophrenic with an IQ of 61 and a history of suicide attempts and depression. However, Jefferson County Circuit Judge Martin McDonald has ruled that Giles, 41, may be put to death if the jury so rules in his trial for the 2003 murder and robbery of Charles Goodlett.
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Archive for the 'Courts' Category
Court: Paranoid Schizophrenic with IQ of 61 and Manic Depression is Eligible for Execution
Published 1, November 20, 2009 Bizarre , Courts , Criminal law , Lawyering , Media , Politics , Society 13 CommentsCourt Rules Against Arizona Deputy on Swiping Lawyer’s Note — Arpaio To Defy Court
Published 1, November 19, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Lawyering , Politics , Society 24 CommentsThere has been a ruling in the Arizona case where an officer, Officer Adam Stoddard with the Maricopa County Sheriff’s Office is clearly shown on this videotape reading and then swiping the confidential papers of defense attorney Joanne Cuccia in court. Maricopa County Superior Court Judge Gary Donahoe found against Stoddard and ordered him to either apologize or report to jail — a remarkably light sentence. However, his boss is Sheriff Joe Arpaio who has said that his officer will defy the order.
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Sentence First, Verdict Afterwards: Obama Assures Public KSM Will Be Convicted and Executed
Published 1, November 18, 2009 Bizarre , Congress , Constitutional Law , Courts , Criminal law , Politics , Society 48 Comments
It was the Queen of Hearts in Alice in Wonderland that declared “Sentence first! Verdict afterwards.” However, President Barack Obama appears to have taken a lesson our two from her majesty. Today, President Obama assured Americans that they should not be offended by trying Khalid Sheikh Mohammed in federal court because he will be convicted and executed. I will be discussing this story tonight on MSNBC Countdown.
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Detective Offers Conflicting Testimony in World Bank Case
Published 1, November 18, 2009 Constitutional Law , Courts , Criminal law , Lawyering , Politics , Society 8 Comments
This afternoon, the Plaintiffs in the World Bank/IMF protest case filed a notice with the Court of the receipt of an affidavit in the case from a police detective, who contradicts the sworn testimony of former D.C. (and current Philadelphia) Police Chief Charles Ramsey. As lead counsel in one of the two cases (with my colleague Daniel Schwartz of Bryan Cave), I am limited in what I can say on the case. However, to reduce calls to my office, I am posting the filing below.
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Tweet Torts: Rocker Courtney Love Sued by Designer For Defamation on Twitter
Published 1, November 18, 2009 Bizarre , Courts , Media , Society , Torts 7 Comments
We have been following the expansion of defamation cases linked to Internet sites, here, and here. We now have an interesting Twitter case involving rock star Courtney Love, who lost her bid recently to dismiss a libel action filed by designer Dawn Simorangkir. Simorangkir claims in the lawsuit that Love “has embarked in what is nothing short of an obsessive and delusional crusade to terrorize and destroy” her.
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O’Reilly: “I Don’t Care About The Constitution”
Published 1, November 18, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Justice , Media , Politics , Society 75 Comments Conservative commentators continue their war on the Constitution this week with increasingly shrill rhetoric of how our laws and civil liberties are endangering us. Fox News commentator Bill O’Reilly, however, achieved a remarkable low by declaring “I don’t care about the Constitution” on air in a discussion of Attorney General Eric Holder’s decision to try five detainees in New York.
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Shaming Undermines Justice
Published 1, November 17, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society , Torts , USA Today 21 Comments
Here is today’s column in USA Today on the continuing trend toward shaming or creative punishments.
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The DUI Necessity Defense: Montana Supreme Court Rules That Woman Can Claim Necessity Defense in Driving Drunk to Avoid Fight
Published 1, November 16, 2009 Bizarre , Courts , Criminal law , Society 5 Comments
Necessity defenses in tort and criminal law are always somewhat controversial and rarely successful in criminal prosecutions. However, Lisa Marie Leprowse has secured a reversal of her DUI conviction from the Montana Supreme Court, which ruled that the trial court erred in not allowing her to argue that she drove drunk to avoid a fight.
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Indian Tribe Sues Self-Help Author Over Use of Sweat Lodge
Published 1, November 15, 2009 Bizarre , Congress , Constitutional Law , Courts , Criminal law , International , Politics , Religion , Society 19 Comments
We previously followed the investigation into the three deaths in a sweat lodge run by “Spiritual Warrior” James Arthur Ray at the Angel Valley Retreat Center in Sedona, Arizona. Now, the Lakota Sioux Tribe is suing, demanding the prosecution of Ray under the 1869 Treaty of Fr. Laramie for appropriating a Native American ritual.
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No Good Deed Goes Unpunished: Man Convicted After Turning in a Discarded Shotgun to Police
Published 1, November 15, 2009 Bizarre , Courts , Criminal law , International , Politics , Society 35 Comments
Paul Clarke, 27, a veteran, thought that he was doing the right thing when he found a shotgun in his garden. He took the shotgun to the police station and was immediately arrested for possession of a firearm without permit and criminally charged — an offense that brings five years imprisonment. Prosecutor Brian Stalk insisted that this is a strict liability offense and his intent to help police does not matter — he is a menace to society as defined under the criminal code.
Journalist Charged with Pornography for Sending Pictures of Woman in Unassisted Child Birth to Government Officials
Published 1, November 15, 2009 Bizarre , Constitutional Law , Courts , Criminal law , International , Media , Politics , Religion , Society , Supreme Court 5 Comments
There is a disturbing trial being held in Zambia where the news editor of The Post, Chansa Kabwela, sent photos of a woman giving birth in a hospital car park without assistance to highlight the costs of a nursing strike and poor government policies. She was right. The officials, including Zambia’s President, Rupiah Banda, were horrified. They immediately arrested Kabwela for distributing pornography.
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“Religious Convictions”: When Children Die, Religion Is No Defense
Published 1, November 15, 2009 Bizarre , Columns , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Media , Politics , Religion , Society , Supreme Court , Torts 17 Comments
Here is today’s column from the Washington Post on the benefits of a new type of “good-faith” defense. While “religious convictions” are usually a reference to personal faith, it turns out that it has a distinct and disturbing meaning for criminal sentencing.
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Ex-Rep. William Jefferson Given 13-Year Sentence
Published 1, November 13, 2009 Courts , Criminal law , Politics , Society 7 Comments
The former Louisiana Rep. William Jefferson received a sentence of 13 years today — the longest term ever imposed on a congressman convicted of bribery. However, it was significantly below the 27 years sought by the Justice Department, which also failed in its attempt to have Jefferson immediately incarcerated. Instead, Jefferson, 62, will be allowed to remain free pending his appeals.
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9-11 Defendants to be Given Real Trials as Holder Stands on Principle — Sort Of
Published 1, November 13, 2009 Congress , Constitutional Law , Courts , Criminal law , International , Military , Politics , Society 22 Comments
Attorney General Eric Holder has ordered actual trials for five 9/11 suspects rather than military tribunals. The decision places the United States squarely back on the road of the rule of law in giving due process even to our most hated defendants. The five defendants include 9/11 mastermind Khalid Sheikh Mohammed. The other four are Waleed bin Attash, Ramzi Binalshibh, Mustafa Ahmad al-Hawsawi and Ali Abd al-Aziz Ali. However, this courageous act was diminished by an inexplicable decision of Holder to order five other defendants — including USS Cole suspect Abd al-Rahim al-Nashiri — be tried in a military tribunal. I discussed this decision on this segment of MSNBC Countdown.
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Hasan Charged With 13 Counts of Premeditated Murder as Obama Calls for Investigation of Warning Signs
Published 1, November 13, 2009 Courts , Criminal law , Military , Politics , Religion , Society 25 Comments
Maj. Nidal M. Hasan was charged by the Army with 13 counts of premeditated murder. To the chagrin of conservative commentators, he is not charged with terrorism, a controversy I discussed last night on this segment of Rachel Maddow.
Kelo’s Revenge: Pfizer Abandons New London Site After Town Used Eminent Domain to Destroy Homes of Residents
Published 1, November 13, 2009 Bizarre , Constitutional Law , Courts , Politics , Society , Supreme Court 8 Comments
Many of us expressed outrage at the actions of the city leaders of New London, Connecticut when they used eminent domain to seize the property of citizens against their will in order to give it to the Pfizer corporation. This anger grew with the inexplicable decision of the Supreme Court in Kelo v. City of New London to uphold the abusive action. Now, after all of the pain the city caused its own residents and $80 million it spent to buy and bulldoze the property, Pfizer announced this week that it was closing the facility — leaving the city worse off than when it began. For prior testimony on the Kelo decision, click here.
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ACORN Challenges Congressional Ban on Federal Funds
Published 1, November 12, 2009 Congress , Constitutional Law , Courts , Criminal law , Politics 16 Comments
ACORN is continuing its approach of “the best defense is a good offense.” The group has not only sued the filmmakers who recently disclosed misconduct by the organization, but it is now suing Congress for its ban on federal funding to the organization, alleging a bill of attainder in singling out the non-profit.
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Chicago Man Sues Former Attorney and Loyola For Abuse by Mother
Published 1, November 11, 2009 Courts , Society , Torts 9 Comments
There is an interesting lawsuit filed in Chicago where Carlos J. Carillo, 23, is suing attorney Stacey Platt and the Loyola Child Law Center for representing him as a minor during a divorce proceeding with his parents but not acting on their knowledge of his mother’s child abuse.
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Separation Anxiety: British Courts To Decide Who Is a Jew
Published 1, November 8, 2009 Bizarre , Constitutional Law , Courts , International , Politics , Religion , Society 6 Comments
There is an intriguing case in London where the British courts will decide who is a Jew and who decides such a question. The British have long maintained publicly supported religious schools — an affront to the separation of church and state. Now, inevitably, the state must decide who can be excluded from one of the Jewish schools run by the government. Not surprisingly, at the heart of the controversy is Lord Sacks, Chief Rabbi of the United Hebrew Congregations of the Commonwealth, who recently blamed secularism for the decline and potential fall of Western Civilization, here. He insists that only children with Jewish mothers (recognized in Orthodox synagogues) are truly Jewish.
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Hezbollah Bans “The Diary of Anne Frank” As Zionist Propaganda
Published 1, November 6, 2009 Bizarre , Constitutional Law , Courts , Criminal law , International , Politics , Religion , Society 36 Comments
The good people at Hezbollah are offering the world another insight into extremist thought. The militant group has banned “The Diary of Anne Frank” from schools as Zionist propaganda by focusing on the plight of some Jews. I suppose when you are teaching kids to blow up innocent people, an account of an innocent victim can appear propagandistic.
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Blockbuster Lawsuit: Texas Woman Sues Over Publication of Video Selections on Facebook
Published 1, November 6, 2009 Bizarre , Congress , Constitutional Law , Courts , Media , Society , Torts 9 Comments
Blockbuster and Facebook are the defendants in two interesting privacy lawsuits in Texas where Cathryn Harris is suing them for revealing her name and movie rental tastes. Even more shocking is that anyone is still renting “The Jewel of Nile” with Michael Douglas in 2009.
Bear Necessities of Law: Man Acquitted of Disturbing Bears in San Francisco Zoo
Published 1, November 5, 2009 Bizarre , Courts , Criminal law , Environment , Lawyering , Society , Torts 27 Comments
Kenneth Herron may have picked the wrong cage but apparently the right counsel. Herron was acquitted of “disturbing dangerous animals” on a novel defense by deputy public defender James Conger. Conger argued that the bears were actually not that disturbed when Herron came into their cage after the San Francisco Zoo closed.
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Maine Voters Repeal Law Allowing Gays to Marry
Published 1, November 4, 2009 Congress , Constitutional Law , Courts , Politics , Religion , Society 30 Comments
The gay-rights movement has suffered a harsh defeat at the hands of voters in Maine. The voters repealed a law that allowed for same-sex marriage — reducing the states allowing same-sex marriage or civil unions. Maine is now the 31st state to reject same-sex marriage. [The two men on the state seal are now strictly prohibited from marrying each other in the State of Maine].
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Video: Arizona Officer Swipes Document From Defense File Behind the Back of Defense Counsel in Courtroom
Published 1, November 4, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Lawyering , Society 27 CommentsThis is one of the most incredible videos that I have seen. In the video above, Officer Adam Stoddard with the Maricopa County Sheriff’s Office is clearly shown reading confidential papers of defense attorney Joanne Cuccia while she is addressing the court on behalf of jail inmate Antonio Lozano (accused of fighting with another inmate). He then pulls a sheet from the file on the defense table and gives it to another deputy to be copied.
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FBI: Dick Cheney Failed to Recollect Information on 72 Occasions in Plame Investigation
Published 1, November 2, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Politics , Society 31 Comments
Former Vice President Dick Cheney found himself in the same position of not only his aide Scooter Libby but countless criminal defendants. He simply could not remember a thing about his involvement in the leaks involving Valerie Plame. Indeed, he had little recollection of his own actions on 72 occasions — even after shown material with his own writing.
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Planned Parenthood Hits Former Director in Texas With Restraining Order
Published 1, November 2, 2009 Bizarre , Constitutional Law , Courts , Politics , Society 51 Comments
There is an interesting fight between Planned Parenthood and its former director in Bryan, Texas. (Yes, it appears the same town where the Virgin Mary was recently discovered in bird droppings, here). Abby Johnson worked for Planned Parenthood for eight years, but decided to leave after watching an ultrasound of an abortion procedure. This has led to the filing of a restraining order against her by her former employer after she joined forces with the Coalition For Life.
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Eight Years For Al-Marri: Sleeper Agent Given Low Sentence by Judge Outraged by Abuses of the United States
Published 1, October 30, 2009 Bizarre , Congress , Constitutional Law , Courts , Criminal law , International , Lawyering , Military , Politics , Society 11 Comments
In a potentially important ruling for detainees held by the United States, Illinois U.S. District Judge Michael Mihm rejected prosecution demands and sentenced Qatar native Ali al-Marri to just eight years in jail — with a possible release in less than six years. The reduction from 15 years was expressly tied to the abusive conditions and treatment of al-Marri by the United States while held as an enemy combatant in South Carolina.
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La Livas Loca: Judge Accepts Jerk Chicken in Lieu of Community Service
Published 1, October 29, 2009 Bizarre , Courts , Criminal law , Lawyering , Society 9 Comments
Associate Judge Robert Livas may be put on a vegan diet. The former prosecutor and former police officer is in hot water over a curious order that he placed for Jamaican-style chicken as part of a plea agreement with Darrius Logan. Logan, 24, pleaded guilty to misdemeanor battery and criminal trespass charges and was sentenced to 100 hours community service. Then things got funky . . . Jamaican-chicken funky . . .
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Big Brothers? Tennessee Judge Strips Blogger of Anonymity in Defamation Case
Published 1, October 29, 2009 Constitutional Law , Courts , Media , Society 4 Comments
In yet another blow to confidentiality on the Internet, Tennessee Judge Thomas Brothers has ruled a married couple that runs a real estate business and a halfway house for recovering drug abusers may confirm the identity an anonymous blogger critic. The critic used a blog called Stop Swartz to accuse Donald and Terry Keller Swartz of Old Hickory, of committing arson, evading taxes and being drug addicts themselves.
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Judge Herman Thomas Acquitted
Published 1, October 27, 2009 Bizarre , Courts , Criminal law , Lawyering 46 Comments
In a surprise verdict, a jury acquitted former judge Herman Thomas of sexual abuse, attempted sodomy, and assault related to allegations that he brought inmates to his chambers for sex and spankings. The judge insisted that he brought the men to his office to “mentor” them, but prosecutors put forward evidence of semen on the carpet and testimony of numerous former inmates that they had sex with him or allowed him to spank them for lenient treatment.
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Shooting the Messenger: Prosecutors Subpoena Grades and Emails of Students of Innocence Project
Published 1, October 26, 2009 Bizarre , Congress , Constitutional Law , Courts , Criminal law , Lawyering , Media , Politics , Society , Supreme Court 31 Comments
There is an incredible story out of Chicago and my alma mater Northwestern University. The Cook County District Attorney has issued a sweeping subpoena to the Innocence Project at the acclaimed Medill School of Journalism — demanding such things as the grades and emails of students who worked on an investigation of the case of Anthony McKinney. The students found compelling evidence of innocence and the prosecutors are now pounding them with demands for personal information and communications. I just completed doing NPR’s Talk of the Nation on the case with Professor Barry Scheck.
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The Marquis de Sade Defense: Former Judge Claims To Have Been Schooling Inmates Allegedly Raped and Spanked in His Chambers
Published 1, October 22, 2009 Bizarre , Courts , Criminal law , Lawyering , Politics , Society 12 Comments
Former Mobile County Circuit Judge Herman is offering a defense in his criminal case that may strike some as more appropriate for the Marquis de Sade than an Alabama jurist. Accused of having inmates brought to his chamber for sex and spanking, Herman insists that he was trying to rehabilitate and educate the men.
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Mukasey: Our Laws Brought About 9-11 Attacks
Published 1, October 21, 2009 Bizarre , Constitutional Law , Courts , Criminal law , International , Media , Military , Politics , Society 31 Comments
Former Bush Attorney General Michael Mukasey now appears to be blaming our legal system for the 9-11 attacks as opposed to documented failures by the FBI and the failure of the Bush Administration to heed direct warnings of an imminent attack. In an op-ed piece this week, Mukasey puts the blame squarely on the shoulders of our rights-infested legal system.
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We often discuss the meaning of judicial restraint, but this dog shows the meaning of restraint that judges and agencies could learn from.
Continue reading ‘Canine Restraint’
Suicidal Speech: Minnesota Case Raises Difficult Questions Over Assisted Suicide and Free Speech
Published 1, October 20, 2009 Bizarre , Constitutional Law , Courts , Criminal law , International , Lawyering , Media , Politics , Society 5 Comments
Prosecutors in Minneapolis have a fascinating case involving assisted suicide and free speech. Nurse William Melchert-Dinkel, 47, is accused of using Internet chat rooms to convince people to commit suicide, giving them step-by-step instructions on how to kill themselves — preferably so he could watch. At least two people are believed to have fed Melchert-Dinkel’s fetish with their deaths: Nadia Kajouji, 18, and Mark Drybrough, 32 (shown here).
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Rights of the Rubenesque: London Considers Making Fatism a Form of Hate Speech
Published 1, October 19, 2009 Bizarre , Constitutional Law , Courts , International , Justice , Lawyering , Media , Politics , Society , Torts 17 Comments
Today’s column on blasphemy laws may be too narrow. In San Francisco and London, activists are demanding that denigrating someone as fat should be treated as a hate crime like race, age, or faith. “Fatism” is already banned in San Franscisco in housing and workplaces.
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Just Say No To Blasphemy: U.S. Supports Egypt in Limiting Anti-Religious Speech
Published 1, October 19, 2009 Academics , Bizarre , Congress , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Media , Politics , Religion , Society , Supreme Court 47 Comments
Here is today’s column in USA Today on the Obama Administration’s decision to join the U.N. Human Rights Council and support Egypt in recognizing limits on free speech for those who insult or denigrate religion. While the exception was included in a resolution heralding free speech, it was viewed as a major victory for Muslim countries seeking to establish an international blasphemy law.
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How Obama Can Earn the Nobel Prize
Published 1, October 18, 2009 Constitutional Law , Courts , Criminal law , International , Media , Military , Politics , Society 56 Comments
Below is today’s brief column in the Los Angeles Times where I joined other writers on how each of us believes President Obama can earn the Nobel Prize, here. For civil libertarians, Obama’s selection is the ultimate triumph of hope over experience. My suggestion is probably predictable for people on this blog.
Louisiana Justice of the Peace Refuses to Marry Interracial Couples
Published 1, October 16, 2009 Bizarre , Constitutional Law , Courts , Lawyering , Politics , Society , Torts 37 Comments
Keith Bardwell, justice of the peace in Tangipahoa Parish, Louisiana has become an infamous figure overnight after he refused to marry an interracial couple out of concern for their possible children. However, he helpfully explained “I’m not a racist. I just don’t believe in mixing the races that way.”
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Obama Moves to Change Law to Avoid Supreme Court Ruling on Withheld Detainee Photos
Published 1, October 15, 2009 Bizarre , Congress , Constitutional Law , Courts , International , Justice , Lawyering , Media , Military , Politics , Religion , Society 30 Comments
President BarackN Obama, the world’s newest Nobel peace laureate, is again expanding on the policies of former President George Bush and fighting to conceal evidence of U.S. torture and abuse. As did the Bush Administration, the Obama Administration is seeking to change the law after courts rejected its absurd argument that the President can withhold photos of detainee abuse simply because they are embarrassing to the United States. Democrats in Congress are assisting in the effort to try to stop the Supreme Court from considering the issue by preempting the litigation.
Sotomayor Joins Conservative Colleagues Over Possible Constitutional Claims by Corporations in Class Action Cases
Published 1, October 13, 2009 Constitutional Law , Courts , Lawyering , Society , Supreme Court 6 Comments
In light of today’s column on cases testing Sotomayor’s views (and possible alliance with conservatives in key areas), this story may be of some interest. Sotomayor joined Chief Justice john G. Roberts, Jr. and Justice Anthony Kennedy in raising concerns over whether courts are violating the constitutional rights of corporations in class action cases.
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Attorney Orly Taitz Fined $20,000 for Frivolous “Birther” Litigation
Published 1, October 13, 2009 Bizarre , Courts , Lawyering , Society 188 Comments
The bill is in for Orly Taitz, the California lawyer leading the “Birther” litigation: $20,000 for sanctionable conduct. U.S. District Court Judge Clay Land previously issued a stern warning to attorney Orly Taitz and others in the so-called “birther” campaign: do not file another such “frivolous” lawsuit or you will face sanctions. Land threw out the lawsuit filed on behalf of Capt. Connie Rhodes who is an Army surgeon challenging her deployment orders due to President Barack Obama’s alleged ineligibility to serve as President. Land (a Bush appointee) noted that “[u]nlike in ‘Alice in Wonderland,’ simply saying something is so does not make it so.” In the most recent order, Land said that Taitz’s conduct “borders on delusional.”
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Simply Sonia: Sotomayor’s Colleagues Pick Docket Virtually Tailored To Force Her To Choose Sides
Published 1, October 13, 2009 Academics , Congress , Constitutional Law , Courts , Justice , Media , Politics , Religion , Society , Supreme Court 6 Comments Here is this week’s column from Roll Call. It explores the interesting selection of cases this term for the Supreme Court. Justice Sonia Sotomayor’s colleagues could not have selected cases more carefully to address areas of uncertainty from her confirmation hearing. Whether by accident or design, this docket is front-loaded with cases that will force Sotomayor to show her true colors in the first few months of her tenure as an associate justice.
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Netanyahu Vows to Block Any War Crimes Trial of Israeli Official
Published 1, October 12, 2009 Courts , International , Justice , Military , Politics , Society 13 Comments
Israeli Prime Minister Benjamin Netanyahu has vowed not to allow any Israelis to stand trial for war crimes even if demanded by the United Nations or world court. It is a position that defies the entire basis of international legal process created by the Nuremberg Tribunals since no country has a right to determine its own innocence. As previously noted, the Goldstone Commission found credible evidence of war crimes in the Gaza campaign.
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The Good Faith Defense: Parents Given More Lenient Treatment When Children Die in Faith-Based Neglect
Published 1, October 11, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Politics , Religion , Society 43 Comments
We have another case of a child dying from a relatively minor condition while surrounded by praying adults. Kent Schaible, 2, died of bacterial pneumonia because the parents Herbert and Catherine Schaible believed in faith-healing and declined to get medical attention for the child in Philadelphia. This is strikingly similar to the case of Leilani and Dale Neumann in Wisconsin who were recently given light sentences in such a faith-based case. As shown below, difficult questions are raised by the disparate treatment given parents who neglect children for religious as opposed to non-religious reasons. Continue reading ‘The Good Faith Defense: Parents Given More Lenient Treatment When Children Die in Faith-Based Neglect’
Finding Jesus in All the Wrong Places: Man Barred From Church Under North Carolina’s Sex Offender Laws
Published 1, October 8, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Politics , Religion , Society 10 Comments
In Raleigh, James Nichols says he wants to find God but he can’t find him in North Carolina. The convicted sex-offender was arrested when he tried to attend church because he is not allowed to be present on any property where children are present, such as in the church’s daycare center. It is only the latest in a series of cases that pit the freedom of religion against sex offender laws.
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Former Alabama Judge Faces Trial This Week For Allegedly Spanking and Sexually Assaulting Inmates in Chambers
Published 1, October 8, 2009 Bizarre , Courts , Criminal law , Lawyering , Media , Politics , Society , Torts 14 CommentsWe have been following the bizarre case of former Mobile County Circuit Judge Herman Thomas who is accused of ordering the male inmates be brought to his chambers where he would spank them and have sex with them. With the judge facing trial on various criminal charges, the case took another strange turn when a former inmate charged in a lawsuit that his former attorney coerced him into testifying against the judge. The case of Willie Pearson was dropped after he accused attorney Joe Kulakowski of threatening him. However, the prosecutor insists that the other cases will proceed as planned for trial.
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The Case Against the Separation of Church and State
Published 1, October 7, 2009 Academics , Bizarre , Constitutional Law , Courts , Media , Politics , Religion , Supreme Court 23 Comments
As if by divine intervention, the debate over the separation of church and state was answered today — even as the Supreme Court took up the case of Salazar v. Buono ( 08-472). This picture clearly shows Jesus giving the Constitution to the drafters — resolving any suggestion that the original framers envisioned a separation. It came directly from Jesus and should moot the case heard by the Court today.
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Justice Sonia Sotomayor’s Free-Speech Tests
Published 1, October 5, 2009 Academics , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Media , Politics , Society , Supreme Court 16 CommentsBelow is today’s column on the first day of the October Term for the Supreme Court. It specifically explores the first amendment cases on the docket. There are four major such cases thus far on the docket and, most importantly, two free speech cases that will be strong indicators of the views of Justice Sonia Sotomayor.
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Decoupling the Staple Story: New York Jurist Challenges Account Over Negligent Stapling Story
Published 1, October 2, 2009 Bizarre , Courts , Lawyering , Media , Society 3 Comments
Judge Charles J. Markey is asking for a public rehearing. The New York Law Journal and the ABA Journal ran a story detailing how Markey allegedly denied a motion or dismissed a case due to improper stapling. The story was picked up on various legal blogs, including this blog. However, Markey has written a letter to the editor insisting that the facts have been distorted and that this was no “case of first impression” of dismissal for negligent stapling. He seems to have a case.
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Supreme Court Takes Chicago Handgun Case in Major Test of Second Amendment Rights
Published 1, September 30, 2009 Constitutional Law , Courts , Criminal law , Justice , Lawyering , Media , Politics , Religion , Society , Supreme Court 16 Comments
The Supreme Court has accepted a major handgun case, McDonald v. Chicago, that will define the scope of the recently recognized individual right under the Second Amendment. It will also allow new Justice Sonia Sotomayor to vote on the very issue that led to much of the opposition against her in her confirmation.
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Florida Supreme Court Upholds Sanction Against Lawyer Who Called Judge a “Witch” on a Blog
Published 1, September 30, 2009 Bizarre , Constitutional Law , Courts , Lawyering , Media , Politics , Society 29 Comments
Florida State bar authorities have fined trial lawyer Sean Conway $1,200 for criticizing Ft. Lauderdale Judge Cheryl Aleman on a blog, including calling Conway an “evil, unfair witch.” We previously discussed this case, here. The ruling is a major blow to free speech and another case of courts or the bar overreaching in punishing lawyers and parties for their criticism of judges. What is particularly interesting is that Aleman has been charged with misconduct by the Judicial Qualifications Commission.
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U.N. Report: Israel Committed War Crimes In Gaza
Published 1, September 29, 2009 Courts , Criminal law , International , Politics , Society 232 Comments
The United Nations Fact Finding Mission on the Gaza Conflict will issue a report today accusing Israel of “actions amounting to war crimes, possibly crimes against humanity” during its military incursion into Gaza from December 27 to January 18. The mission headed by respected South African judge Richard Goldstone is a major development in the controversy and could put the United States in a very difficult position.
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Return to Nature: Georgia Probation Officials Send Sex Offenders to Live in the Woods
Published 1, September 28, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Politics , Religion , Society 17 Comments
Over the last decade, legislators have rushed to impose broader and broader restrictions on sex offenders that prohibit them from living within certain distances of churches, schools, and other locations. The result is often effective banishment or homelessness for sex offenders. Georgia’s politicians have been so careless in their legislation that officials are now recommending that sex offenders live in the forests.
Legal Question of the Day: Should A Lawyer Be Able to Wear Jeans and Hats in Court?
Published 1, September 25, 2009 Bizarre , Courts , Lawyering , Society 24 Comments
Attorney Todd C. Bank really liked his Operation Desert Storm hat. Almost as much as Eastern District of New York Judge Nicholas G. Garaufis (left) disliked it. Bank, a sole practitioner in Queens, lost his constitutional claim that he had a right to wear jeans and a hat of his choice in court. Garaufis ruled that any desire to accessorize would occur outside of the Constitution and his court (or any other court for that matter).
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Polish Court Awards Damages to Woman Who Was Compared in Article to the Nazis for Trying to Obtain an Abortion for Health Reasons
Published 1, September 25, 2009 Bizarre , Constitutional Law , Courts , Criminal law , International , Media , Politics , Religion , Society 18 Comments
A Polish court has awarded Alicja Tysiac $11,000 against a Catholic magazine, Gosc Niedzielny, after the magazine compared her to a child killer and a Nazi. While it is impressive to see a court levy such damages against a Catholic publication in this very Catholic nation, the ruling does raise freedom of speech issues.
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New York Judge Uses Decision to Chastise Attorneys on Improper Stapling Motion for “Negligent Stapling”
Published 1, September 25, 2009 Bizarre , Courts , Lawyering 8 CommentsNew York Supreme Court Judge Charles Markey takes stapling very seriously. He took counsel to task for not just injurious stapling but failing to sign pleading, which were apparently signed in blood by the clerks.
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When Does Disrespect Become Disorder?
Published 1, September 24, 2009 Columns , Congress , Constitutional Law , Courts , Lawyering , Media , Politics , Society , Supreme Court 32 Comments
Below is today’s column on the aftermath of the Joe Wilson controversy. The threat of the Democrats to punish members using certain words to criticize the President raises some novel and unresolved constitutional questions.
Half-a-Pug Each: Court Orders Joint Custody of Pet for Former New Jersey Couple
Published 1, September 23, 2009 Courts , Society , Torts 8 Comments
A New Jersey court has handed down a ruling that may be cited in thousands of disputes over pets by divorcing or separating couples. Doreen Houseman and Eric Dare split up after 13 years as an unmarried couple in 2006 and agreed on the easy division of possessions with one notable exception: Dexter, their pet pug. Now, Judge John Tomasello has ruled that the former couple must have joint custody of the six-year-old dog — rotating every five weeks.
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Obama Administration Moves to Dismiss Lawsuit By Gay Married Couples Over Federal Benefits
Published 1, September 20, 2009 Congress , Constitutional Law , Courts , Politics , Religion , Society 9 Comments
Civil libertarians have been objecting that liberals are ignoring the Obama Administration’s continuation of a number of Bush programs and policies — in contradiction to President Obama’s presidential campaign promises. From torture to unlawful surveillance, Obama has continued the positions of President Bush in federal courts in seeking to dismiss lawsuits and claim sweeping executive privilege authority. Now, the Obama Administration is seeking to get a court to dismiss a lawsuit by gay married couples from Massachusetts who are challenging the denial of federal marriage benefits.
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Minnesota Judge Accused of Steering Parties in His Court to His Own Divorce Attorney and Getting a Discount on His Own Bill Is Given a Six-Month Suspension — But Allowed to Remain on the Bench
Published 1, September 18, 2009 Bizarre , Courts , Lawyering , Society 5 Comments
Goodhue County District Judge Timothy Blakely, 46, is accused of being a rainmaker from the bench. He was found by a state investigation to have been referring parties in his court to his own divorce lawyer, “Super Lawyer” Christine Stroemer who allegedly gave him a discount on his own bill for fees.
Twelve-Year-Old “Child-Bride” in Yemen Dies in Labor
Published 1, September 13, 2009 Bizarre , Courts , Criminal law , Politics , Religion , Society 7 Comments
Fawziya Abdullah Youssef, 12, is the latest victim of the tradition of child-bride under Sharia law in some Muslim countries. She died after three-days of labor trying to give birth to a child that was the result of her marriage to a 24-year-old man in Yemen. She was eleven at the time. The baby also reportedly died.
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Secessionists and Separatists Discover the Tenth Amendment
Published 1, September 5, 2009 Congress , Constitutional Law , Courts , Politics , Society 95 CommentsSuddenly, it appears that most extreme elements of our political debate have discovered the Tenth Amendment in arguing for either secession or a type of state independence that borders on separatism. This video of a Texas secessionist rally is shocking given the chants of “we hate the United States” but it is most telling in recognition that “legal secession” it no longer a serious claim. Others do not want to secede but rather to use the Tenth Amendment to bar such things as the national health bill from closing their borders. I discussed this story last night on this segment of the Rachel Maddow show.
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Judge Recuses Himself After Denouncing Latte Drinking, Cigar-Smoking Lawyer
Published 1, September 3, 2009 Bizarre , Courts , Lawyering , Society 11 Comments
Judge John Doyle is facing accusations that he is a latte-hating, cigar-smoker baiting jurist or worse. Doyle recused himself after losing his patience with a bank lawyer, Farzad Milani, and telling him that he could not allow the lawyer to sit in his office “smoking his Cohiba cigars and drinking his lattes” while the court does all the work. He should be less worried about playing around with judicial ethics as ticking off those jackbooted, over-caffeinated thugs at Starbucks.
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The Supremes: Picking the Top Nine Justices of All Time
Published 1, September 3, 2009 Academics , Columns , Constitutional Law , Courts , Politics , Society , Supreme Court 13 Comments
Last night I discussed the growing speculation that Justice John Paul Stevens, an icon of the Court with over three decades of service, may be preparing to retire (here). On both a personal and jurisprudential level, Stevens remains one of my favorite judicial figures. He is a man who had a transformative impact on his country. His place in history will likely be discussed for years to come. With this news and the justices returning to the city for the new term, this story may be of interest. Below is my cover article in the American History Magazine on my choices for the top nine justices — as well as my list of the Supreme failures on the Court.
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Stevens: Speculation Grows Over Stevens Resignation
Published 1, September 2, 2009 Courts , Justice , Media , Politics , Society , Supreme Court 15 Comments
Due to its cultural insularity and secrecy, legal commentators often have to act like old Sovietologists who would predict shifts in power by who in the Politburo was standing where on top of Lenin’s tomb. For Supremologists, there are other common indicators: the most prominent is the reduction of judicial clerks. Speculation over Stevens’ retirement is now at its peak with news that he has selected only one clerk for next year. I will be discussing this story on tonight’s Rachel Maddow.
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New York Settles Mass Arrest Case — Drops Charges
Published 1, September 1, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Media , Politics , Society 2 Comments
There is a mass arrest story. As has been discussed earlier, we have an ongoing arrest case in Washington, D.C., here. In May 2007 police arrested dozens of young people who police alleged were basically rioting through the streets. The students insisted that they were on their way to a funeral for a murdered friend. Now, there has been a settlement of the case with all charges dropped and the payment of damages.
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You Had Me At “Hello, Your Honor”: Houston Judge Indicted After Allegedly Offering to Help Woman in Exchange for a Sexual Relationship
Published 1, August 30, 2009 Bizarre , Courts , Criminal law , Lawyering , Politics , Society 5 Comments
Harris County Criminal Court-at-Law judge Donald W. Jackson, 59, has been indicted on a misdemeanor charge of official oppression – allegedly offering to get a DWI defendant help in dismissing her case in exchange for a sexual relationship. Notably, he allegedly insisted that he was not interested in “a one-night stand” in seeking to secure counsel for Ariana M. Venegas. If so, it is a new variation on past judicial pick-up lines that simply offer to trade sex for rulings.
D.C. Attorney General’s Declaration in Protest Case Challenged by Council Members and Lawyers
Published 1, August 27, 2009 Constitutional Law , Courts , Criminal law , Lawyering , Media , Politics 3 Comments
The controversy continues over the District’s alleged destruction of evidence and withholding of documents in the World Bank protest case. The case deals with the mass arrests conducted without probable cause during the World Bank/IMF protests of 2002. Under orders from Judge Sullivan, D.C. Attorney General Peter Nickles filed a declaration explaining his actions and that of his staff. It has now been challenged by members of the city council and the litigants.
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Detroit Muslim Woman Sues After Being Told To Remove Hijab in Court
Published 1, August 27, 2009 Constitutional Law , Courts , Lawyering , Religion , Society 8 Comments
Raneen Albaghdady, a Muslim in Detroit, is suing ayne Circuit Judge J. William Callahan who told her to remove her hijab or scarf in his courtroom (like the one shown to the left of a different woman). She alleges denial of her freedom of religion as well as denial of access to the courts. She is also suing Wayne County.
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Obama Administration Loses Bid to Keep Secret the Recipients of $2 Trillion in Stimulus Money
Published 1, August 25, 2009 Congress , Constitutional Law , Courts , International , Justice , Media , Politics , Society 17 Comments
For months, many Democrats and civil libertarians have complained about the disconnect between what President Obama says and what he does as President. One area of the greatest criticism has been the effort of the Obama Administration to block public review of embarrassing pictures, White House logs, controversial memoranda, or disclosure of governmental actions — despite his promise to guarantee transparency in government. One such person who appears to have lost patience with the Administration is Chief U.S. District Judge Loretta Preska. Judge Preska has rejected efforts by the Obama Administration to withhold information on who received $2 trillion dollars in bailout funds. The Obama administration argued that the public has no right to know such information. Given today’s news that the federal debt level will be reach $9 trillion, many people would like to look a bit closer at what Congress and the White House has been doing with the public fisc.
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Judges in “Kids for Cash” Scandal Drop Pleas and Demand Trial
Published 1, August 25, 2009 Courts , Criminal law , Justice , Lawyering , Politics , Society 9 Comments
The former Pennsylvania judges charged in the “kids for cash” corruption scandal — Luzerne County Judges Mark Ciavarella and Michael Conahan — have withdrawn their guilty pleas and demanded a trial. They took the step after Senior U.S. District Judge Edward M. Kosik refused to accept their plea agreement with prosecutors in light of their failure to take responsibility for their actions.
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Small Change: Man Opposes Child Support that Resulted From “Consumer Transaction” With Prostitute
Published 1, August 23, 2009 Bizarre , Courts , Society 2 Comments
An Australian man is opposing child support on novel grounds: that payment would violate the Trade Practices Act. The man insists that he paid a prostitute for sex and that the sex was a “consumer transaction” and was confined by its terms to the sexual act.
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Two New York Criminal Defense Attorneys Convicted of Witness Tampering
Published 1, August 21, 2009 Courts , Criminal law , Lawyering , Society 15 Comments
Criminal defense attorney and television commentator Robert Simels, 62, has been convicted in Brooklyn of plotting to kill witnesses. Also convicted was attorney Arienne Irving, 31, who was convicted of witness tampering. The jury only acquitted Simels on one count dealing with false statements after deliberating for seven days.
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Shock Video: BYU Professor Tasered in Court
Published 1, August 21, 2009 Academics , Bizarre , Courts , Lawyering 12 CommentsWe have been following questionable uses of tasers by police. This video from 2004 raises some disturbing questions where a former BYU professor Tom Lowery is tasered in court during a rambling argument. It is clear that the use of the force, in my view, was unnecessary and improper — particularly in a court of law.
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Justice Denied: Seventh Circuit Rejects Challenge to Gun Registration Law
Published 1, August 20, 2009 Constitutional Law , Courts , Criminal law , Politics , Society , Supreme Court 11 Comments
The Seventh Circuit continues to push the envelope on the recently recognized individual right to bear arms. In an interesting opinion by Judge Diana Wood, a three-judge panel ruled that the town of Cicero could still require gun registration without violating the Second Amendment. In the meantime, litigation is being planned over the Montana law claiming that guns in the state are exempt from federal jurisdiction and enforcement. Cicero businessman John Justice brought the challenge.
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Nutter Threatens to Shutdown Court System and Cut Police Force
Published 1, August 20, 2009 Constitutional Law , Courts , Criminal law , Politics , Society 9 Comments
As we continue to pour money into the wars in Iraq and Afghanistan, cities are continuing to shutdown for lack of money (here). The latest such story comes from Philadelphia where officials are facing a shutdown of the entire court system due to budget shortfalls. Mayor Michael Nutter is also threatening the cutting of 1000 police officers and 200 firefighters.
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Former Vogue Model Succeeds in Forcing Google to Reveal Identity of Anonymous Critic
Published 1, August 19, 2009 Constitutional Law , Courts , Politics , Society , Torts 9 Comments
Former Vogue cover model, Liskula Cohen, 36, has succeeded in her court case to find the identity of an anonymous critic who wrote bad things about her in a “Skanks in NYC” blog.
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Supreme Court Stays Execution and Says Evidence of Innocence Should Be Given Evidentiary Hearing
Published 1, August 19, 2009 Constitutional Law , Courts , Criminal law , Lawyering , Politics , Society 24 Comments
In a major ruling, the Supreme Court on Monday ordered an evidentiary hearing on innocence claims of Troy Davis, who is on death row in Georgia for the 1989 murder of police officer Mark MacPhail. Not only did the Supreme Court stop the execution, but it created new law on the right of the defendant to present such evidence — a holding that drew the outrage of the conservative wing of the Court. While only a paragraph long, the unsigned opinion represents the first such order in decades for a new hearing to “receive testimony and make findings of fact”. Justice Scalia called it a “fool’s errand.”
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Head Case: Texas Judge Posted Pictures of Criminals with Obama Shirts
Published 1, August 18, 2009 Bizarre , Courts , Lawyering , Media , Politics , Society 15 Comments
Texas Judge Tom Head is under fire this week after he posted the pictures of nine people wearing Obama shirts. Seven of the nine men were black and the pictures were accompanied by material critical of Obama supports and suggesting that Republican voters are rarely arrested.
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Florida High School Principal and Athletic Director Face Six Months Over Prayers
Published 1, August 16, 2009 Academics , Bizarre , Constitutional Law , Courts , Criminal law , Media , Politics , Religion , Society 24 CommentsIt is not that Pace High School Principal Frank Lay and school athletic director Robert Freeman do not have a prayer, they had too many prayers. The two officials defied a settlement barring prayers on constitutional ground and now face six-month sentences — a matter of widespread protest among parents.
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Driven to Extremes: Maryland Judge Accused of Flattening Tire of Woman in Courthouse Parking Lot
Published 1, August 13, 2009 Bizarre , Courts , Criminal law , Lawyering , Politics , Society 24 Comments
Charles Circuit Court Judge Robert C. Nalley has been accused of letting the air out of a car of a part-time cleaning woman who works at the courthouse. Two officers from the county jail insist that they saw the judge let the air out of a 2004 Toyota Corolla that was parked outside of the La Plata courthouse at 3:45 pm in the afternoon. One claims to have a picture of the act.
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Sharia Court in Somalia Stones to Death a Thirteen-Year-Old Girl For Premarital Sex
Published 1, August 12, 2009 Courts , Criminal law , International , Politics , Religion , Society 11 CommentsAmnesty International has confirmed that a Sharia court in Somalia executed a 13-year-old girl for having sex outside of marriage in Kismayo. Aisha Ibrahim Kuhulow was reported to be 23 year old, but her father has confirmed widespread reports that she was only 13.
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Illinois Judge Sentences Man to Six Months in Jail for Yawning Loudly in Court
Published 1, August 11, 2009 Bizarre , Courts , Criminal law , Lawyering , Society 85 Comments
Circuit Judge Daniel Rozak obviously does not like yawning in the courtroom. He sentenced Clifton Williams to six months in jail after he let out a loud yawn when his cousin was being sentenced on a felony drug charge. The cousin actually received probation.
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Massachusetts Man Freed After 21 Years With Discovery of Withheld Exculpatory Evidence
Published 1, August 10, 2009 Constitutional Law , Courts , Criminal law , Lawyering , Media , Society 36 Comments
Bernard Baran was 19 when he was accused of abusing children at a day care center — one of a spasm of such prosecutions in the 1980s. Baran was convicted on the testimony of the children despite the fact that videotapes showed children denying that he touched them and other referring to “prizes” promised for their confirming abuse.
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Washington Post Raises Need for Judicial Investigation into Destruction of Evidence and Misconduct by District’s Office of the Attorney General
Published 1, August 6, 2009 Constitutional Law , Courts , Criminal law , Justice , Politics , Society 26 CommentsThe Washington Post weighed in on the expanding controversy over the alleged misconduct of the Office of D.C. Attorney General Peter Nickles and his staff in the litigation over the mass arrests during the World Bank/IMF protests of 2002. The Post is calling for the Court, rather than the City Council, to investigate the case.
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Former Rep. William Jefferson Convicted on 11 out of 16 Counts
Published 1, August 6, 2009 Congress , Constitutional Law , Courts , Criminal law , Politics , Society 10 Comments Former U.S. Rep. William Jefferson of Louisiana was convicted Wednesday on 11 of the 16 corruption charges against him in Alexandria federal court. The conviction follows years of litigation and controversy – including an unconstitutional raid on a congressional office by the Bush Administration.
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Federal Appellate Court Rules in Favor of Santeria Priest in Home Sacrifices
Published 1, August 3, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Religion , Society 6 Comments
The United States Court of Appeals for the Fifth Circuit has ruled in favor of a Santeria priest — Jose Merced, 46 — who sacrificed goats in his Texas home in Euless. The court ruled that the prohibition on the ritual violated the Texas Religious Freedom Restoration Act (TRFRA).
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Mississippi Judge Pleads Guilty To Federal Obstruction
Published 1, August 2, 2009 Courts , Criminal law , Lawyering , Politics , Society 5 Comments
We have been following the lawyers and judges implicated in the corruption scandal surrounding lawyer Richard “Dickie” Scruggs. Now the scandal has claimed another individual: Mississippi judge Hinds County Circuit Court Judge Bobby DeLaughter, 55, has pleaded guilty.
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Rove Admits Involvement in Firing of Federal Prosecutors and Bush’s Likely Involvment
Published 1, July 31, 2009 Congress , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics 22 Comments
Karl Rove spoke to congressional investigators last week and reportedly admitted that he did play a role in the hiring and firing of federal prosecutors, including at least one of the nine U.S. Attorneys at the heart of the scandal.
Federal Judge Calls for Investigation of “The Civil Equivalent of the Ted Stevens Case”
Published 1, July 30, 2009 Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society 11 Comments
The World Bank/IMF protest case had a sanctions hearing yesterday that had found its way into the media. Because I am lead counsel (with Dan Schwartz) in one of the two cases (Chang) against the District of Columbia, Federal government, Fairfax County, and various police officers, I will not comment on the controversy.
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Yoo Must Be Kidding: Professor Argues That Bush Could Negate Both The Fourth Amendment and The Posse Comitatus Act By Simply Declaring Deployment To Be A National Security Matter
Published 1, July 28, 2009 Academics , Bizarre , Congress , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Media , Military , Politics , Society , Supreme Court 46 Comments
The debate continues to rage this week over the push by Vice President Dick Cheney and others to have former President George Bush deploy active military units in a suburb of Buffalo to arrest a small group of men who were suspected of supporting terrorism (here). Nor surprising, Bush officials went to Berkeley law professor John Yoo to tell them that (surprise!) the President was not bound by the Fourth Amendment or federal law if he unilaterally declared the operation to be a national security matter. Yoo and his former colleague conclude that “the president has the legal and constitutional authority to use military force within the United States to respond to and combat future acts of terrorism, and that the Posse Comitatus Act does not bar deployment.” I discussed the controversy on this segment of Countdown.
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Urine a Lot of Trouble, Mr. Thompson: Janitor Filmed Relieving Himself on Court Reporter’s Chair
Published 1, July 28, 2009 Bizarre , Courts , Criminal law , Society 6 Comments
Stephen L. Thompson, 58, a courthouse janitor in Clark County, Indiana had a curious response to a court reporter who rebuffed his expressions of affection. Hell hath no fury like a janitor scorned.
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Saudi Arabia Arrests Man For Speaking About His Sex Life in Public
Published 1, July 26, 2009 Bizarre , Courts , Criminal law , International , Politics , Religion , Society 6 Comments
Saudi Arabian police have arrested Mazen Abdul Jawad for the crime of speaking about his sex life in public. Shariah law makes it a crime for him to be “publicizing his sinful behavior,” according to prosecutors. Various people filed complaints after Jawad appeared on a Lebanese show called “Red Line.”
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If You Prick Us, Do We Not Bleed? New York Lawyer Prevails in Contesting Arrest for Foul Language
Published 1, July 25, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Society 9 Comments
It took New York Attorney Joseph DePaula four years but he has finally prevailed in his false arrest claim after he was thrown into jail for calling an officer a “prick” in court in 2005.
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Report: Sgt. Crowley Considering Defamation Lawsuit in Gates Controversy
Published 1, July 24, 2009 Constitutional Law , Courts , Lawyering , Society , Torts 126 Comments
Cambridge Police Sergeant James M. Crowley is considering a defamation lawsuit, according to his lawyer. The possibility of a lawsuit adds an intriguing element to this controversy over the arrest of Harvard Professor Henry Louis Gates Jr. The Massachusetts Police Commissioner Robert Hass has also come out to criticize the comments of President Barack Obama denouncing the actions of the police as “stupidity” and suggesting that it was a case of racial profiling.
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Rhode Island Judge Bans Sister From Commenting on Facebook About Her Brother’s Custody Case
Published 1, July 23, 2009 Bizarre , Constitutional Law , Courts , Lawyering , Politics , Society 9 Comments
Rhode Island Judge Michael Forte has a curious concept of free speech and a dangerous view of judicial authority. Forte recently issued an order banning the sister of a father in a custody battle from commenting on the case on Facebook. Michelle Bouthillier Langlois, 41, has been defending her brother Michael from domestic-abuse allegations.
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Democrats Denounce Obama for Bush-Like Signing Statement That He Is Not Bound By Federal Legislation
Published 1, July 22, 2009 Congress , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Media , Politics , Society 40 Comments
Four House Democrats have finally stepped forward to denounce the Bush-like policies of President Obama, particularly his recent signing statement proclaiming that he is not bound by federal legislation. The letter was signed by Reps. David Obey of Wisconsin, chairman of the House Appropriations Committee; Barney Frank of Massachusetts, chairman of the House Financial Services Committee; and subcommittee chairs Reps. Nita Lowey and Gregory Meeks of New York. The letter breaks from the lockstep loyalty shown Obama despite his adoption of many of Bush’s most controversial positions.
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Retired Major General Supports Litigation Over Obama’s Birth Status
Published 1, July 19, 2009 Bizarre , Constitutional Law , Courts , Military , Politics 1,198 Comments
The controversy over President Barack Obama continues with an interesting twist: Maj. Gen. Carroll Dean Childers (ret.) and active U.S. Air Force reservist Lt. Col. David Earl Graeff are supporting the litigation. On July 8th, Maj. Stefan Frederick Cook filed the suit July 8th in federal court demanding conscientious objector status and a preliminary injunction based upon his claim that President Barack Obama is not a natural-born citizen of the United States. He argued that, since Obama cannot serve as president of the United States, he cannot order him to deploy as commander-in-chief of the U.S. Armed Forces.
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Two Former Ave Maria Law Professors Settle Lawsuit With Tenure
Published 1, July 17, 2009 Academics , Bizarre , Courts , Religion 3 Comments
We have been following the lawsuit against the Ave Maria School of Law (here). Now, it appears that two out of the three professors — Ed Lyons and Phil Pucillo — have agreed to a settlement that includes tenure at the controversial school.
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