Frank Hatley has been sitting in a Georgia jail for over a year for failing to reimburse the state for all the public assistance his “son” over the past two decades. The problem is that the homeless man is not the father of the boy and both the Court and the prosecutors knew that he was no the biological father than they threw him in jail.
Continue reading ‘Homeless Man Jailed for More Than a Year For Failing to Pay Child Support — Despite the Fact that the Court and Prosecutor Knew He Was Not the Biological Father’
Archive for the 'Courts' Category
Homeless Man Jailed for More Than a Year For Failing to Pay Child Support — Despite the Fact that the Court and Prosecutor Knew He Was Not the Biological Father
Published 1, July 16, 2009 Bizarre , Courts , Lawyering , Society 8 CommentsRetire the Ginsburg Rule: It is Time To Put Content Back Into Confirmation Hearings
Published 1, July 16, 2009 Academics , Congress , Constitutional Law , Courts , Media , Politics , Society , Supreme Court 13 Comments
If this week’s hearings seem devoid of serious content, it is due to the little known Ginsburg Rule. Today’s column discusses how we can restore some serious content to confirmation hearings.
Calling Off Loveday: Woman Arrested for Assaulting and Biting Marriage Mediator at Courthouse
Published 1, July 15, 2009 Bizarre , Courts , Criminal law , Lawyering , Society 3 Comments
Elizabeth Loveday, 38, of Portsmouth, New Hampshire is someone in dire need of a divorce. Loveday was arrested outside of a courthouse after shoving court-ordered marriage mediator and then biting the woman’s forearm in an effort to assault her estranged husband.
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Poll: Less Than Fifty Percent of Americans Support Sotomayor Nomination — Numbers Lower Than Harriet Miers Going Into Confirmation Hearings
Published 1, July 13, 2009 Congress , Constitutional Law , Courts , Justice , Politics , Society , Supreme Court 25 Comments
Sonia Sotomayor has been heralded as a judge with a life story that should inspire all Americans and, even though she has a fairly conservative voting record in some areas, liberal activists have rallied around her nomination. A new poll, however, suggests that most Americans are neither inspired nor supportive. Only forty-seven percent of people polled by CNN and the Opinion Research Corporation support Sotomayor and, more importantly, forty percent outright oppose her confirmation.
The Sotomayor Nomination and the Search for Judicial Greatness
Published 1, July 13, 2009 Academics , Columns , Congress , Constitutional Law , Courts , Justice , Lawyering , Media , Politics , Society , Supreme Court , USA Today 12 CommentsWith the Senate hearings about to begin on the Sotomayor nomination, this morning’s column below addresses what we ideally should be looking for in a nominee.
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Court Orders DMV To Return Hoe to Driver
Published 1, July 10, 2009 Bizarre , Courts , Politics , Society 11 Comments
William Junge of Las Vegas has triumphed in an historic battle for both grammar and garden implements. The Nevada Department of Motor Vehicles denied the use of his “HOE” license plate, but a court ruled that Junge should be allowed to drive with a Hoes on his trunk and hood.
The Hole in the Defense: Lawyer Files Motion to Demand Opposing Counsel Wear Shoes Without Holes
Published 1, July 10, 2009 Bizarre , Courts , Lawyering , Society 8 Comments
Attorney Bill Bone believes that he has spotted the hole or holes in the defense of his opponent, Michael Robb. Bone has filed a motion with Circuit Judge Donald Hafele in Palm Beach demanding that Robb be ordered to wear shoes without holes in court. Robb’s tasseled Cole Haan loafers have visible holes on both sides and Bone insists that the shoes are cheap theatrics to play to the sympathies or jurors. Robb argues that they are just cheap. It is up to the Court to determine the Cole Hann truth.
Muslim Court Calls for Appearance of Genie In Court
Published 1, July 10, 2009 Bizarre , Courts , International , Religion , Society 17 Comments
A Shariah court in the town of Mahd Al-Dahab has summoned a genie to appear in court in a case where a family has complained about harassment from the supernatural being. The Koran (Qu’ran) mentions genies or jinn.
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Louisiana Judge Suspended After Calling Domestic Abuse Claim “Crap”
Published 1, July 9, 2009 Bizarre , Courts , Society 4 Comments
Whatever judicial temperament may be, Louisiana Judge Timothy Ellender seems to have little of it. Judge Ellender was suspended for violating the code of judicial conduct in statements that he made at a 2007 domestic abuse hearing. It is not the first brush of Ellender with controversy.
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Obama Administration Reserves Right to Indefinitely Hold Detainees Acquitted of Charges
Published 1, July 8, 2009 Congress , Constitutional Law , Courts , Criminal law , International , Military , Politics , Society 335 Comments
The Obama Administration continues its retention and expansion of abusive Bush policies — now clearly Obama policies on indefinite detention and blocking the investigation of war crimes. Jeh Johnson, the Defense Department’s chief lawyer, has stated that it is a “policy question” whether acquitted individuals will be released or held indefinitely.
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High-Ranking Iranian Official Accuses Mousavi With Treason and Being “Foreign Agent”
Published 1, July 6, 2009 Constitutional Law , Courts , Criminal law , International , Politics , Religion , Society 8 Comments
The Iranian government appears to be laying the groundwork to arrest Mir Hossein Mousavi, who this week released proof of extensive fraud and government interference with the June 12th elections. Hossein Shariatmadari, a special adviser to Ayatollah Ali Khamenei, accused Mousavi of being a “foreign agent” working for the United States and a member of a “fifth column” determined to topple Iran’s Islamic system of governance. The Iranian government has also announced a crackdown on satellite providers in an effort to block citizens from hearing any news other than what the government approves. It appears that in the paradise of Islamic rule the government cannot risk people hearing about their government and its actions.
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Ave Maria Law School Invokes Status as Religious Institution and “Ecclesiastical Abstention” to Dismiss Law Professors’ Lawsuit
Published 1, July 5, 2009 Academics , Bizarre , Constitutional Law , Courts , Religion , Society 25 Comments
The Ave Maria Law School in Naples, Florida has long been controversial. Dedicated to Catholic education and values, the school is the subject of a lawsuit by professors who are challenging the move from Michigan to Florida as well as management policies. The law school is now claiming in the lawsuit that all law professors are “ministerial employees” and that the school is entitled to “ecclesiastical abstention.”
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HAPPY FOURTH OF JULY!
Published 1, July 4, 2009 Academics , Congress , Constitutional Law , Courts , Criminal law , Environment , International , Justice , Lawyering , Media , Military , Politics , Religion , Society , Torts 45 Comments
Happy Independence Day!
Caught in the Rye: Court Enjoins Sequel to Salinger Masterpiece
Published 1, July 4, 2009 Academics , Courts , Media , Society 4 Comments
U.S. District Judge Deborah Batts in New York has enjoined the publication of a sequel to The Catcher in the Rye as a copyright infringement. She found that the sequel used the original work and was not a parody.
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Judge Kozinski Cleared of Wrongdoing By Judicial Council — But Admonished Over Website
Published 1, July 3, 2009 Courts , Lawyering , Media , Society 5 Comments
The judicial council of the Philadelphia-based 3rd U.S. Circuit Court of Appeals has cleared Chief Judge Alex Kozinski of the 9th Circuit of wrongdoing in the long investigation over sexually explicit materials on his personal website. However, the council found that he acted with “carelessness” and was “judicially imprudent.”
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Court Throws Out Lori Drew Conviction
Published 1, July 2, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Politics , Society 5 Comments
In the ultimate proof that law is not a popularity contest, U.S. District Judge George H. Wu has tossed out the conviction of the much-despised Lori Drew — the woman behind the cyber-bully case that led to the suicide of 13-year-old Megan Meier.
“Sins of the Lawyer”: Seventh Circuit Rules Against Company in Legal Malpractice Case
Published 1, July 1, 2009 Courts , Justice , Lawyering , Society 13 Comments
The U.S. Court of Appeals for the Seventh Circuit ruled that an Illinois baking machinery manufacturer, Bakery Machinery & Fabrication Inc., is liable to a default judgment blamed on the alleged legal malpractice of its attorney, James Hinterlong of Grand Ridge, Ill. Judge William Bauer ruled that the company was still responsible for the actions of its lawyer, even if the company were kept in the dark.
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Israeli High Court Orders Harsher Punishment for Officer Who Ordered the Shooting of a Bound Palestinian with Rubber-Coated Bullet
Published 1, July 1, 2009 Courts , Criminal law , International , Media , Military , Politics , Religion , Society 3 Comments
The Israeli High Court has ordered the Military Advocate General to file more serious charges against an Israel Defense Forces officer who ordered a soldier to shoot a bound Palestinian with a rubber-coated metal bullet. Lt. Col. Omri Burberg, the officer, and Staff Sgt. L., the soldier, were formally charged with “improper conduct” over the incident, a mere misdemeanor.
Minnesota Supreme Court Votes Unanimously With Franken — Coleman Concedes
Published 1, June 30, 2009 Congress , Constitutional Law , Courts , Politics , Society , Supreme Court 240 Comments
I’m Good Enough, I’m Smart Enough, and Doggone It, the Minnesota Supreme Court Likes Me. This election may have been a virtual tie, but Al Franken swept the Minnesota Supreme Court today. The Court ruled that Franken should be certified as the winner of the state’s Senate race — rejecting a challenge by Republican Norm Coleman. With Franken, the Democrats will have the votes to overcome any filibuster (if you include the two independents).
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Maryland Officer Accused of Assault Captured on Dash Cam Video
Published 1, June 30, 2009 Bizarre , Courts , Criminal law , Society 9 Comments
Prince George’s County police are investigating a disturbing dash cam video of Cpl. Steven Jackson, who is accused of yanking a man out of his car and then slugging and tacking him. Shawn M. Leake, 24, had insisted on being told why he was being told to exit his car. The incident occurred on May 25, 2008.
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Bye, Bye Bernie: Madoff Gets 150 Years
Published 1, June 29, 2009 Courts , Criminal law , Justice , Lawyering , Society 19 Comments
While his attorneys asked for just 12 years, Bernie Madoff, 71, has been sentenced to 150 years after expressing sorrow for the ruin that he brought to thousands of people — rich and poor — through his criminal enterprise.
Supreme Court Rules 5-4 to Reverse Sotomayor Ruling in New Haven Firefighters Case
Published 1, June 29, 2009 Congress , Constitutional Law , Courts , Lawyering , Politics , Society , Supreme Court 52 Comments
As expected, the Supreme Court voted in Ricci v. DeStefano, the New Haven firefighters case, to reverse the decision of the Second Circuit panel, which included Supreme Court nominee Sonia Sotomayor. Also as expected, Justice Kennedy played the swing vote in giving cities a new defense in such cases. Kennedy wrote the majority opinion. The fear of litigation was not sufficient to justify the discrimination against white and Hispanic firefighters. Firefighters challenged a decision to throw out promotional exam results because no African-American firefighters were among the top scoring candidates for promotion — only white and Hispanic officers. Judge Sonia Sotomayor was on the panel that upheld the city’s decision in one of her most controversial decisions.
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Leading Iranian Cleric Calls for Execution of Some Protesters
Published 1, June 26, 2009 Bizarre , Courts , Criminal law , International , Politics , Religion , Society 15 Comments
The Iranian government has continued its crackdown on protests, including the arrest of dozens of university professors for merely meeting with opposition leader Hossein Mousavi. Senior cleric Ayatollah Ahmed Khatami has called for the execution of some protesters and harsh treatment of all leaders of the protests.
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Federal Court Rules Against Hustler Magazine in Use of Nude Photos of Deceased Wife of Wrester Chris Benoit
Published 1, June 26, 2009 Bizarre , Constitutional Law , Courts , Society , Torts 9 Comments
The United States Court of Appeals for the Eleventh Circuit has issued a major ruling on freedom of the press and privacy. The court ruled that Hustler did not have the right to publish nude photographs of Nancy Benoit, the wife of professional wrestler Chris Benoit. Chris Benoit filled his wife and his young son before taking his own life.
Sharia Court Cuts Off Hands and Feet of Petty Thieves in Public Display
Published 1, June 26, 2009 Bizarre , Courts , Criminal law , International , Justice , Religion , Society 27 Comments
The world has another example of justice by extremists using Sharia law. In Mogadishu, Somalia, an Islamic court held a public ceremony where the hands and feet of weeping thieves were cut off in front of hundreds of onlookers.
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Judge Samuel Kent Resigns to Avoid Senate Hearing
Published 1, June 26, 2009 Bizarre , Congress , Constitutional Law , Courts , Justice , Lawyering , Politics , Society 5 Comments
U.S. District Judge Samuel Kent has finally resigned after Congress expedited his impeachment and Senate trial. In a remarkably dim-witted act, Kent’s lawyer announced that they had calculated that Congress could not possibly complete an impeachment and start a trial for a year. Thus, he decided that he would resign in a year to continue to bilk the government for salary and benefits. The inevitable result was that an infuriated Congress expedited the process.
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Court Orders New Trial After Lawyer Allegedly Sleeps in Court, Reads Health Magazines During Testimony, and Gives “Laughable” Opening Argument
Published 1, June 25, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Society 3 Comments Manhattan trial attorney Michael Harrison has been named as the unidentified lawyer that is the subject of an ineffective counsel ruling where the court found that counsel fell asleep during trial, read magazines during witness testimony and gave such a rambling, implausible opening argument that the jury laughed.
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White Supremacist Leader Arrested for Threatening Federal Judges
Published 1, June 25, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Politics , Society 28 Comments
A white supremacist blogger, Hal Turner, 47, has been arrested for allegedly posting threatening messages about three federal judges in Chicago. Turner was upset with the decision to uphold a handgun ban in Chicago. The judges are Chief Judge Frank Easterbrook, Judge Richard Posner, and Judge William Bauer. Turner is the host of the Hal Turner Show.
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The Wrinkle-Free Divorce: Connecticut Supreme Court Rules That Ex-Wife Is Barred From Speaking About Divorce Forever
Published 1, June 24, 2009 Bizarre , Courts , Media , Society 30 Comments
It appears that the Connecticut Supreme Court has found a way to help spouses get rid of unsightly winkles in divorces. It ruled that the wife of wealthy skin and winkle cream doctor Nicholas V. Perricone may not speak of her divorce — forever. Thus, a private waiver signed before discovery is enforceable until death against Madeleine Perricone — presumably she is allowed to discuss the divorce in the afterlife as a matter beyond the jurisdiction of the court.
Blind Justice? Nevada Supreme Court Justice Kris Pickering Plows Into UPS Store With Her Mercedes
Published 1, June 23, 2009 Bizarre , Courts , Criminal law , Lawyering , Politics , Society 11 Comments
Dane Halovich can hardly complain that justice is slow or distant in Nevada. This week, Supreme Court Justice Kris Pickering drove her Mercedes into his UPS Store.
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Marriage of Convenience: New York Lawyer Suspended After Falsely Claiming to Be Judge’s Wife
Published 1, June 23, 2009 Bizarre , Courts , Lawyering , Society 1 Comment
The New York Supreme Court Appellate Division has suspended New York lawyer Cheryl Brodsky in a rather bizarre case where she falsely claimed to be the wife of Queens Supreme Court Administrative Judge Jeremy Weinstein and then refused to get a mental health evaluation.
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Jurors Under Investigation for Attempted Bribery
Published 1, June 22, 2009 Bizarre , Courts , Criminal law , Justice , Lawyering , Society 7 Comments
Dorothy Hendricks, 54, of St. Croix has been charged with allegedly trying to sell her vote on a criminal jury. Another juror is also under investigation in the U.S. Virgin Islands for trying to sell their votes for between $3000 and $5000 to a defense attorney.
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Judge Kent Impeached in Expedited Process
Published 1, June 20, 2009 Bizarre , Congress , Constitutional Law , Courts , Criminal law , Politics , Society 3 CommentsThe now imprisoned U.S. District Court Samuel B. Kent has been openly bilking the government for salary and benefits by refusing to resign. His lawyer even acknowledged that his promise to resign in a year was due to his calculation that the Congress could not move any faster toward a Senate trial. It was a curious legal strategy since it virtually dared the Congress to expedite the matter, which it did. Kent has now been impeached in a fast track proceeding.
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Illinois Judges Rule That They Cannot Be Forced to Retire Based on Age While Justices in Washington Raise the Bar for Age Discrimination for Citizens
Published 1, June 19, 2009 Constitutional Law , Courts , Lawyering , Politics , Society , Supreme Court 6 Comments
A state judge in Illinois has ruled that an Illinois law requiring state judges to retire after turning 75 is unconstitutional. Notably, the author of the four-judge decision Justice Charles Freeman (left) would himself be forced to retire under the law. In the meantime, the U.S. Supreme Court has voted against age discrimination claims of older workers.
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Supreme Court Rules Against Constitutional Right to Access to DNA Testing
Published 1, June 18, 2009 Congress , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society , Supreme Court 50 Comments
In a split 5-4 decision, Chief Justice John G. Roberts, Jr. ruled that an individual cannot demanded access or testing to DNA material after his conviction becomes final in District Attorney’s Office v. Osborne (08-6).
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Lord Chief Justice: Jury Trial No Longer Required in England and Wales
Published 1, June 18, 2009 Bizarre , Constitutional Law , Courts , Criminal law , International , Justice , Politics , Society 11 Comments
Recently, many civil libertarians have been alarmed by legal changes in England restricting the media, free speech, prosecuting insults against religion, and other rollbacks. Now, the Lord Chief Justice has ruled that criminal trials no longer require a jury for the first time in England and Wales.
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Baltimore Judge Orders a Woman Jailed For Saying “I Love You” to Brother
Published 1, June 17, 2009 Bizarre , Courts , Criminal law , Lawyering , Society 13 Comments
It appears that expressions of affection cannot simply cost you a high school diploma, it can get you thrown in jail. Baltimore Circuit Judge Alfred Nance is known for having a temper in his courtroom and he appeared to have lost both his temper and his judgment when he ordered the jailing of Tamika Clevenger for throwing a kiss and saying “I love you” to her brother.
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Defining Terrorism: We Can Call People Murderers Without Diminishing Their Crimes
Published 1, June 17, 2009 Columns , Constitutional Law , Courts , Criminal law , Justice , Media , Politics , Religion , Society , USA Today 19 Comments
Columnist Bonnie Erbe said last week that “it ought to be against the law” for people to call George Tiller “a murderer” and “anyone who [says such things] it ought to be prosecuted as an accessory to murder, as well as for partaking in domestic terrorism.” Others have also demanded that we treat such crimes as “domestic terrorism.” Below is today’s column on defining terrorism.
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Oklahoma Man Pleads Guilty to Raping 4-Year-Old Child and Gets One Year in Jail
Published 1, June 16, 2009 Bizarre , Courts , Criminal law , Justice , Lawyering , Politics , Society 10 Comments
In Oklahoma, David Harold Earls, 64, has received a one-year jail sentence after raping a 4-year-old girl. The sentence has caused an outcry across the country and moves in the legislature to recall District Judge Thomas Bartheld, who gave Earls a twenty-year sentence with nineteen years suspended under a plea agreement between the prosecutors and defense counsel. He also fined Earls $1,000.
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Jailhouse Judge: Judge Samuel Kent Begins To Serve Jail Sentence Without Resigning From the Bench
Published 1, June 16, 2009 Bizarre , Courts , Criminal law , Justice , Lawyering , Society 2 CommentsThe federal prison system has plenty of jailhouse lawyers. Now it has its first jailhouse judge (not to mention of jury of his peers). U.S. District Judge Samuel B. Kent began to serve his jail sentence today while still a member of the federal judiciary. He continues to refuse to resign. For those who were initially supportive of Kent, few people defend him now after his outrageous effort to bilk the judiciary for every possible dime of salary and benefits while dragging both the courts and Congress through the scandal that he created.
Court: Judge Charles Bernstein Acted as “Co-Prosecutor” and Denied Defendants Fair Trial
Published 1, June 15, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Society 7 CommentsBaltimore City Circuit Court Judge Charles G. Bernstein has been found to have acted so improperly in two criminal cases that he became a “co-prosecutor” and denied the defendants a fair trial. Steven Diggs (found guilty of drug possession) and Damon Lamar Ramsey (convicted of possession and intent to distribute) will receive new trials.
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Prosecutor to Seek Dissolution of Scientology in France
Published 1, June 15, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Politics , Religion , Society 16 Comments
State prosecutor Maud Coujard has recommended that a Paris court dissolve the French branch of the Church of Scientology. Scientology has been accused of being little more than a criminal enterprise in France and other countries that uses escalating courses or levels to bilk individuals of thousands of dollars.
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Judge Rules that Jose Padilla Can Sue John Yoo
Published 1, June 15, 2009 Academics , Congress , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Military , Society 22 Comments
U.S. District Judge Jeffrey White has cleared the way for Jose Padilla to sue University of California Professor John Yoo for the violation of his rights due to his physical abuse as a detainee. It is a relatively novel ruling that holds that government lawyers must be treated as other officials in participating in illegal programs or policies.
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Obama Defends Defense of Marriage Act and Moves to Dismiss Same-Sex Marriage Lawsuit
Published 1, June 15, 2009 Congress , Constitutional Law , Courts , Justice , Lawyering , Politics , Religion , Society 44 CommentsCivil libertarians have been outraged by President Barack Obama’s adoption of extreme Bush policies on secrecy and executive privilege, including his effort to dismiss public interest lawsuits and his Administration’s refusal to investigate war crimes committed by the Bush Administration. Now, Obama has filed to dismiss the case of Arthur Smelt and Christopher Hammer, who are challenging the 1996 Defense of Marriage Act (DOMA), which blocks same-sex couples from securing Social Security spousal benefits, filing joint taxes and enjoying other federal rights of marriage.
From Paine to Pappert: Citizen Arrested for Complaining Too Often to City Officials
Published 1, June 13, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Politics , Society 7 Comments
In a bizarre case, Bridgeville Borough resident has been convicted for repeatedly writing and calling his elected officials to complain about their lack of effort to relieve a local nuisance. If you count copies sent to some officers, Marshall Pappert sent around 350 and was arrested for criminal harassment. It is a good thing that Bridgeville prosecutors and courts did not exist when Thomas Paine was doing his incessant complaining about his government.
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French Court: Access to Internet is Basic Human Right
Published 1, June 12, 2009 Constitutional Law , Courts , Criminal law , International , Justice , Media , Politics , Society 20 Comments
France’s highest court, the Constitutional Council, has ruled that access to the Internet is a basic human right in a decision striking down a key component of the a new internet piracy law by the Sarkozy administration.
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Meaning of Empathy: Sotomayor Refused to Consider Appeal of Man Based on Technicality — Man Later Found Innocent Based on DNA
Published 1, June 11, 2009 Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society , Supreme Court 170 CommentsCivil libertarians have been complaining that many liberals are ignoring that Judge Sonia Sotomayor has been viewed as hostile to core liberal values and has a fairly conservative voting record in many areas, including free speech, student rights, and criminal procedure. For a review of her cases, click here. Another case has come to light that shows little of the empathy cited by the White House. While Vice President Joe Biden has emphasized the Sotomayor “watches the back of police” in cases (which is supported in some of her more controversial rulings), she has shown little empathy for those challenging police or convictions. The case of Jeffrey Deskovic is being cited as one such case.
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Supreme Court Rules Against West Virginia Justice in Landmark Ethics Case
Published 1, June 8, 2009 Constitutional Law , Courts , Lawyering , Politics , Society , Supreme Court , Torts 35 Comments
We have been following the West Virginia case involving A.T. Massey Coal Co., involving a fundamental question of judicial ethics. A divided court voted 5-4 in Caperton v. A.T. Massey Coal, et al. (08-22) that West Virginia Justice Brent D. Benjmain violated the constitution by sitting on a case involving the major donor in his campaign, A.T. Massey’s chief executive, Don Blankenship.
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Who Will Rid Me Of These Meddlesome Victims?: Brooklyn Bishop DiMarzio Warns Legislators That Allowing Child-Abuse Victims to Sue Would Virtually Bankrupt Diocese
Published 1, June 7, 2009 Bizarre , Courts , Criminal law , Politics , Religion , Society , Torts 41 Comments
Bishop Nicholas A. DiMarzio of Brooklyn is reportedly threatening dire consequences for both legislators and the Church if New York lifts the statute of limitations to allow victims of child sex-abuse to sue. The one-year suspension will, according to the Bishop, bankrupt the Church and lead to social and political backlash for legislators.
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Defense Shocked: Court Rules Police Can Use Taser to Collect DNA Sample
Published 1, June 7, 2009 Constitutional Law , Courts , Criminal law , Society 33 Comments
In New York, Niagara County Court Judge Sara Sheldon Sperrazza has issued a controversial ruling that police can taser a suspect who refuses to voluntarily submit a DNA sample. In this case, Ryan S. Smith sought to suppress DNA evidence that linked him to two crimes because of the use of the force against him. When told of a court order to obtain a second sample for DNA testing, Smith reportedly stated “You are gonna have to Taser me if you want my DNA.” That apparently sounded like a pretty good idea to the officers in the room.
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DOES TURLEY BLOG NEED A NIP AND TUCK?
Published 1, June 7, 2009 Academics , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Environment , International , Justice , Lawyering , Media , Military , Politics , Religion , Society , Supreme Court , Testimony , Torts 86 Comments
It comes to all of us with age. As hairlines recede and waistlines expand, cosmetic surgery becomes more attractive. While this blog is just around 2 years old, in human-to-blog years that is almost middle aged. In the last few weeks, various regulars have suggested that the site needs work to handle the large number of visitors and entries. This is an attempt to see what you would like to do with the site. I view this site as belonging to all of the regulars and I would like to solicit your thoughts on changes that you would like to see from different cosmetic touches to different structure. This entry will also allow discussion of those things (not people) that you least like.
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Sotomayor Belongs to All-Female Club
Published 1, June 5, 2009 Congress , Constitutional Law , Courts , Justice , Lawyering , Politics , Society , Supreme Court 53 CommentsAmong the material release this week by the White House is the disclosure that Judge Sonia Sotomayor belong to a private women’s-only group. The membership raises an interesting question given the controversies in the past over nominees who belong to men-only club. Should the standard be different for women or should exclusive club membership no longer be an issue in nominations?
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Twit Lit: Tony LaRussa Sues Over False Twitter Page
Published 1, June 5, 2009 Bizarre , Constitutional Law , Courts , Media , Society , Torts 11 Comments
St. Louis Cardinals manager Tony La Russa is suing Twitter over an unauthorized page that used his name and gave the false impression that he was sending embarrassing messages. The litigation in Superior Court of California in San Francisco is only the latest of such lawsuits against such companies for failing to confirm and monitor such sites.
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A Life in the Law: New Hampshire Man Arrested for 153rd Time Asserts His Self-Taught Legal Training
Published 1, June 4, 2009 Bizarre , Courts , Criminal law , Lawyering , Society 56 Comments
Justice Oliver Wendell Holmes famously observed that “the life of the law has not been logic, but experience.” One adherent to this principle appears to be Paul Baldwin, 48, who was arrested for the 153rd time and told a New Hampshire judge “I don’t need a lawyer – I’ve been in this court more than you have.”
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Torpedoed: Former New Jersey Judge Richard Sasso Banned For Life
Published 1, June 4, 2009 Courts , Criminal law , Lawyering , Politics , Society 3 Comments
Former New Jersey municipal judge Richard Sasso has been permanently banned from the bench by the Supreme Court Advisory Committee on Judicial Conduct. Among the violations found by the committee was Sasso’s abuse of both lawyers and litigants; his presiding over cases while under the influence of alcohol and Vicodin, and improper public conduct including an unpleasant scene at a strip club called Torpedo’s Go-Go Club.
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J.D. Salinger Files To Block Publication of Sequel to Catcher in the Rye
Published 1, June 3, 2009 Academics , Bizarre , Courts , Media , Society 12 CommentsThe reclusive author J.D. Salinger (a personal favorite) was seen this week — at least in court papers. Salinger broke from his self-imposed seclusion to file an interesting lawsuit to block a novel based on Holden Caulfield, the hero from “The Catcher in the Rye.” The book, entitled “60 Years Later: Coming Through the Rye,” is written by an author calling himself J.D. California and published by a Swedish company. It features Caulfield as an old man. The defendants include Swedish publisher Nicotext; its offshoot, Windupbird Publishing Ltd.; and California-based SCB Distributors as defendants.
Continue reading ‘J.D. Salinger Files To Block Publication of Sequel to Catcher in the Rye’
Seventh Circuit, Sotomayor, and the Second Amendment: Conservative Icons Easterbrook and Posner Support Sotomayor’s View of Right to Bear Arms
Published 1, June 3, 2009 Congress , Constitutional Law , Courts , Criminal law , Lawyering , Media , Politics , Society , Supreme Court 27 CommentsThe United States Court of Appeals for the Seventh Circuit has handed down a decision that could play a role in the Sotomayor confirmation process. In National Rifle Association v. Chicago, the Seventh Circuit upheld a Chicago ordinance banning handguns and automatic weapons within city limits. In so doing, it held that the individual right to bear arms is not a fundamental right applicable to the states. It is precisely the hypothetical that some of us discussed in the wake of the Supreme Court’s decision in District of Columbia v. Heller, which recognized an individual right to bear arms in the Second Amendment. It also supports the view of Judge Sonia Sotomayor, who has been criticized for two opinions (including one after the Heller decision) that rejected the right to bear arms as a fundamental right. Sotomayor received indirect support from two unlikely sources: conservative icons Frank Easterbrook and Richard Posner.
Judge Kent Resigns On Eve of Impeachment Hearing — Effective One Year From Now
Published 1, June 2, 2009 Bizarre , Congress , Constitutional Law , Courts , Criminal law , Lawyering , Politics , Society 12 CommentsWith hearings scheduled for House Judiciary Committee Task Force on Impeachment, U.S. District Judge Samuel B. Kent has decided to turn in this resignation to President Barack Obama. His lawyer Dick DeGuerin says that the hearings are now unnecessary and Judge Kent will not participate. However, his resignation will reportedly only be effective June 1, 2010.”
Continue reading ‘Judge Kent Resigns On Eve of Impeachment Hearing — Effective One Year From Now’
North Carolina Judge Reprimanded for Facebook “Friend” and Googling Information on Litigant
Published 1, June 2, 2009 Bizarre , Courts , Lawyering , Media , Society 1 CommentThere is an interesting case of judicial ethics out of North Carolina where District Court Judge B. Carlton Terry Jr. was given a public reprimand for becoming “friends” on Facebook with the attorney for the defendant, Charles A. Shieck, in a child custody disputes. Terry was also reprimanded for not just posting statements about the case but googling the plaintiff in the case (and referencing what he had found).
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British High Court: Pringles are Potato Chips
Published 1, June 1, 2009 Bizarre , Courts , International , Society 38 Comments
It’s official: Not only is pringles a food product, but it is a potato food product. That is the ruling of
Britain’s Supreme Court of Judicature which ruled with Her Majesty’s Revenue and Customs and against Procter & Gamble U.K.. Just in case you thought this was small potatoes, the ruling means that Proctor & Gamble owes $160 million in taxes.
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Senate Prepares for the Sotomayor Confirmation Hearings
Published 1, May 31, 2009 Academics , Congress , Constitutional Law , Courts , Politics , Society 86 Comments
With the virtual absence of any objective review of Sonia Sotomayor’s opinions or positions by members of Congress, the Senate Judiciary Committee appears to be gearing up for another confirmation process with little substantive content. As noted previously with regard to the Roberts and Alito hearings, confirmation hearings have become little more than extended photo ops for Senators.
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United Nations: U.S. Human Rights Record “Deplorable” — Including the Continuing Failure to Investigate Torture By the Obama Administration
Published 1, May 31, 2009 Congress , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Media , Military , Politics , Society 54 Comments
The United Nations has released a new report on human rights that has found the record of the United states to be “deplorable.” With the continuing refusal of the Obama Administration to investigate war crimes and to support the Bush policies in court, we have lost an opportunity to show the country has committed itself to change these policies and demand accountability for those who implemented them.
Continue reading ‘United Nations: U.S. Human Rights Record “Deplorable” — Including the Continuing Failure to Investigate Torture By the Obama Administration’
Supreme Court Overturns Landmark Case Michigan v. Jackson — With The Support of the Obama Administration
Published 1, May 31, 2009 Constitutional Law , Courts , Criminal law , Lawyering , Politics , Society , Supreme Court 21 Comments
This week saw the demise of a landmark case in the area of constitutional criminal procedure: Michigan v. Jackson. In a 5-4 decision, the Supreme Court rolled back on the protection of defendants that guaranteed that they had the advice of counsel before speaking with police at critical stages of a prosecution. In Montejo v. Louisiana (07-1529), Justice Antonin Scalia said that the protection was not worth the loss of confessions and only caused confusion. The Obama Administration supported the rollback on protections for criminal defendants and argued for Michigan v. Jackson to be overturned.
Continue reading ‘Supreme Court Overturns Landmark Case Michigan v. Jackson — With The Support of the Obama Administration’
Confirming Nonsense: Both Liberals and Conservatives Distort Debate Over Sotomayor
Published 1, May 28, 2009 Academics , Bizarre , Congress , Constitutional Law , Courts , Justice , Lawyering , Media , Politics , Society , Supreme Court 98 CommentsThe debate over Judge Sonia Sotomayor continues to rage this week. What is remarkable is how much is being said and how little substance can be found in the coverage. One would think that the law of averages alone would guarantee that some substantive points would be hit, if only by accident. It is becoming increasingly clear that, once again, we will not have a substantive and civil review of the qualifications of a Supreme Court nominee. Neither conservatives nor liberals seem to want (or are willing to tolerate) objective discussion of Sotomayor’s qualifications or opinions. For what it is worth, I would like to discard some of the most often heard arguments in the vain hope that we might still achieve some level of reasonable discourse in this debate.
Continue reading ‘Confirming Nonsense: Both Liberals and Conservatives Distort Debate Over Sotomayor’
Olson and Bois Team Up on Proposition 8 Challenge
Published 1, May 27, 2009 Constitutional Law , Courts , Lawyering , Politics , Religion , Society , Supreme Court 26 Comments
Theodore B. Olson, the U.S. solicitor general under Bush and his lawyer in Bush v. Gore, and David Boies, who represented former vice president Al Gore in that case, have joined forces to challenge Proposition 8 in federal court after this week’s loss in the California state court system.
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The Thin Silent Line: New Murder Trial Ordered After Three Former and Current Police Officers Take the Fifth
Published 1, May 27, 2009 Constitutional Law , Courts , Criminal law , Justice , Society 9 Comments
What happen when you hold a trial and the police are the ones who take the Fifth? That question was answered by Cook County Circuit Judge Clayton Crane who ordered a new trial for Gangster Disciple member Cortez Brown, who alleged that he was forced to confess during beatings in custody.
U.S. Holds Journalist For Almost a Year Without Charges or Evidence
Published 1, May 25, 2009 Courts , Criminal law , International , Justice , Lawyering , Media , Military , Politics , Society 15 Comments
The United States has been vocal in its denouncing of the recent arrests of journalists by North Korea and Iran. These countries refuse to comply with American values and legal process, particularly in the treatment of journalists. The biggest difference thus far: North Korea and Iran gave the journalists trials. Reuters cameraman Ibrahim Jassam has been held since September by the U.S. military in Iraq without charges or evidence.
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Another Court Denounces Justice Department and Threatens Sanctions
Published 1, May 23, 2009 Bizarre , Courts , Justice , Lawyering , Society 31 Comments
The Justice Department is facing yet another possible contempt sanction from a federal judge. This is becoming something of a trend for the Justice Department. One could only imagine the response of the bar to a private law firm with such a record of contempt. The latest threat comes from United States District Court Chief Judge Vaughn Walker in Al-Haramain v. Obama. This remains one of the most troubling cases from the Bush Administration and the Obama Administration has again yielded to the worst element in the Justice Department in continuing the same policies and practices of its predecessor.
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Yep, It’s Torture: Video Shows Conservative Radio Host Moving From Torture Denial to Torture Acceptance
Published 1, May 23, 2009 Bizarre , Courts , International , Media , Society 22 Comments
Conservative radio host Erich “Mancow” Muller has been one of the loudest voices denying that waterboading is torture. Like Sean Hannity (who said that he would allow himself to be waterboarded), Muller volunteered for a session to prove the point. Unlike Hannity, Muller fulfilled his commitment. As shown on the video below, in a few seconds, Muller went through the full range of Kübler-Ross of torture from denial to acceptance.
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Obama: We Must Uphold Our Principles To Be Safe and Strong
Published 1, May 22, 2009 Academics , Congress , Courts , Criminal law , International , Military , Politics , Society 245 CommentsSpeaking to the graduating class of U.S. Naval Academy, President Barack Obama told the graduates that the best way to protect our nation is to stand up to its principles. I discussed the detainee issue last night on this segment of Countdown.
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Five Lawyers Charged Over Settlement of Case Involving Former Detroit Mayor
Published 1, May 22, 2009 Courts , Lawyering , Politics , Society 8 Comments
There have been rare professional charges filed against five lawyers for their role in crafting a secret settlement for former Detroit Mayor Kwame Kilpatrick. The lawyers were involved in a $8.4-million lawsuit settlement to conceal text messages that showed that the major and his top female aide had lied about their affair. The lawyers are chief assistant corporation counsel Valerie Colbert-Osamuede; her ex-boss, former city corporation counsel John E. Johnson; city-retained private lawyers Samuel McCargo and Wilson Copeland II, and Mike Stefani, who represented three cops in lawsuits against the city.
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A Law Unto Himself: Obama Promises To Hold Some Detainees Without Trial
Published 1, May 21, 2009 Bizarre , Courts , Criminal law , International , Justice , Lawyering , Military , Politics 67 CommentsPresident Barack Obama today defended his decision to close the military detention center at Guantanamo Bay, Cuba and promptly raised more serious concerns for civil libertarians. In his speech, Obama announced that the country’s “moral authority” demanded closure but then said that his lawyers were working new policies to hold certain detainees indefinitely without trial.
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French Judge Censors Magazine to Protect Feelings of Family in Torture Case
Published 1, May 21, 2009 Bizarre , Constitutional Law , Courts , Criminal law , International , Media , Society 1 Comment
A French judge has ordered a magazine off newsstands for publishing a photo of a Jewish man Ilan Halimi, who was allegedly tortured to death. The alleged culprits are facing trial. Judge Phillipe Jean-Draeher based his decision on the “exceptional” attack by Choc magazine on the feelings of Halimi’s mother and sisters.
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Prosecutors Still Opposing DNA Access for Prisoners Despite New Laws
Published 1, May 18, 2009 Constitutional Law , Courts , Criminal law , Lawyering , Politics , Society 17 Comments
We have seen a number of cases on this blog where prosecutors fought efforts by prisoners to obtain DNA tests that might prove their innocence — only to be proven innocent once the tests were performed. Prosecutors are rarely denounced for these reprehensible efforts. The story in the New York Times indicates that prosecutors are continuing to oppose such testing even in states that passed new laws guaranteeing such testing.
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Hidden Phone Charges: Texas Inmate Gets 60 Years For Possession of Cell Phone
Published 1, May 17, 2009 Bizarre , Courts , Criminal law , Justice , Politics , Society 13 Comments
Derrick Ross took the term “cell phone” a bit too literally. Ross, 38, acquired a cell phone and charger while serving time at Coffeild prison in Texas. Due to Texas habitual offender laws, he has received an absurd 60 years for the violation.
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Court Overrules Parents in Religious Refusal of Chemotherapy for 13-Year-Old Boy
Published 1, May 16, 2009 Courts , Politics , Religion , Society 59 Comments
Minnesota Judge John Rodenberg has ruled in the case of Daniel Hauser, 13. We discussed this case earlier regarding the religious objections that the parents raised to chemotherapy for Daniel’s cancer –even though he has a 90 percent chance of survival with the treatment and little or no change of survival without it.
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OMG: Witness Says NP to Texting But Judge Says STBY
Published 1, May 16, 2009 Bizarre , Courts , Society 11 Comments
We have another incident of texting in court. Miami Judge Scott Silverman went justifiably ballistic when he discovered a witness, Gavin Sussman, messaging another witness in the courtroom. He declared a mistrial in the contracts case.
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Bush 2.0: Obama To Continue Military Tribunals
Published 1, May 15, 2009 Congress , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Military , Politics , Society 30 Comments
President Barack Obama continued his replication of the Bush policies today with the disclosure that he will now restart the controversial Bush tribunal system — now to be called the Obama tribunal system. This follows Obama’s adoption of an even more extreme theory of executive privilege in court, the reversal of the decision to comply with a court order and turn over abuse photographs, the continuing effort to extinguish dozens of public interest lawsuits on privacy violations, and the proposed adoption of the Bush policy of holding detainees indefinitely without trial, here. In the meantime, he and Attorney General Eric Holder continue to block the appointment of a special prosecutor despite mounting evidence of war crimes committed by the prior administration. I will be discussing these recent developments tonight on Countdown.
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Report: Cheney Called for the Torture of Iraqi Prisoner to Establish Link Between Al Qaeda and Iraq
Published 1, May 15, 2009 Congress , Constitutional Law , Courts , Criminal law , International , Justice , Politics , Society 59 Comments
A former high-ranking state department official has come forward with the explosive report that then Vice President Dick Cheney called for the torture of an Iraqi prisoner to establish a link between al Qaeda and Iraq in the midst of the political controversy over the misrepresentations that led to the Iraq invasion. Cheney was one of the main figures pushing this justification, which was found based on false intelligence. Lawrence Wilkerson, chief of staff for then-Secretary of State Colin Powell, adds yet another piece of evidence that the torture program was not based on a “ticking bomb” justification and was not based on the faux legal opinions of lawyers like Judge Jay Bybee and Professor John Yoo.
Tracking Privacy Rulings: New York Finds Warrantless Use of GPS To Be Unconstitutional While Wisconsin Gives Police Unlimited Use
Published 1, May 14, 2009 Constitutional Law , Courts , Criminal law , Society 14 Comments
In a major ruling, the New York Court of Appeals has held that the police cannot use a GPS device on a suspect’s car without a warrant — ordering a new trial for Scott Weaver, 41, a burglary suspect. In the meantime, the Wisconsin Court of Appeals came to the opposite conclusion: finding no need for a warrant in the use of GPS devices against citizens for any reason by the police.
Inmate Paul House Cleared of Murder After 22 Years on Death Row
Published 1, May 13, 2009 Constitutional Law , Courts , Criminal law , International , Society , Supreme Court 68 Comments
After 22 years on death row, Paul House has now been cleared of murder charges with Tennessee state prosecutors asking for all charges to be dropped against him. He had been sentenced to die in 1986 and his case is already being used by opponents of the death penalty as an example why states should move to life without parole as the ultimate punishment in this country.
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Supreme Monopoly: Justice Scalia Tells American Student That She Has Little Chance For Clerkship Because She Is At Wrong School
Published 1, May 12, 2009 Academics , Bizarre , Courts , Justice , Society , Supreme Court 46 CommentsJustice Antonin Scalia has once again earned himself the ire of law students. Not long ago, Scalia was clearly out-of-line in slapping down a law student for a perfectly reasonable question. Now, he is being quoted in telling students out of the top schools that, no matter how hard they work, they will probably never have a chance for a Supreme Court clerkship based entirely on their school. He basically threw the student a quarter and told her to call her mama and tell her that she was never going to be a Supreme Court clerk.
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Ninth Circuit Dismisses Lawsuit By Shooting Victims Against Glock
Published 1, May 12, 2009 Congress , Constitutional Law , Courts , Politics , Society , Torts 14 Comments
A panel on the United States Court of Appeals for the Ninth Circuit has voted 2-1 to dismiss a lawsuit against Glock Inc. by victims of a 1999 shooting rampage by Buford Furrow, a white supremacist.
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Judge Samuel Kent Sentenced to 33 Months in Federal Prison
Published 1, May 11, 2009 Constitutional Law , Courts , Criminal law , Lawyering , Politics , Society 13 CommentsFederal judge Samuel Kent has been sentenced to 33 months for obstruction of justice for lying to a judicial committee investigating allegations that he sexually harassed an employee. Kent, who was viewed as a harsh sentencer for criminal defendants, avoided a maximum sentence of 20 years. One of the alleged victims referred to him as a “drunken giant.”
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A Mouthful Dedication
Published 1, May 10, 2009 Bizarre , Congress , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Media , Politics , Society 53 Comments
In sympathy with Majority Leader (and GW Grad) Harry Reid’s effort to deny that there is sufficient evidence to investigate torture, I give you this picture of a similar effort by a canine representative.
Dying Boy in Sleepy Eye: Parents Withholds Needed Chemotherapy From Boy on Religious Grounds
Published 1, May 10, 2009 Bizarre , Courts , Religion , Society 30 CommentsDaniel Hauser, 13, is dying of cancer and needs chemotherapy. However, his mother, Colleen Hauser of Sleepy Eye, Minnesota, is in court this week fighting the treatment on religious grounds. Hauser has Hodgkin’s lymphoma, but the family is against modern treatment on religious grounds and believes in healing cancer with herbs and vitamins . . . and prayer. Continue reading ‘Dying Boy in Sleepy Eye: Parents Withholds Needed Chemotherapy From Boy on Religious Grounds’
Reid: Torture Might Have Been Illegal But Still “Right” Thing To Do
Published 1, May 10, 2009 Bizarre , Congress , Constitutional Law , Courts , Criminal law , International , Media , Politics , Society 21 Comments
Christiane Brown has released an amazing audio interview with Senate Majority Leader Harry Reid where he admits that waterboarding is torture and we did torture people. However, he suggests that it was “the right” thing to do and should not be punished. The audio tape is worth listening to. It is a brilliant interview by Brown.
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Three Legal Truths: The Case for The Prosecution of War Crimes By the Bush Administration
Published 1, May 8, 2009 Columns , Congress , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Media , Military , Politics , Society 84 CommentsBelow is today’s column in the U.S. News and World Report on the case for prosecuting torture and responding to the dwindling number of defenders of the Bush torture program:
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George Washington Moot Court Makes The ABA Journal
Published 1, May 8, 2009 Academics , Courts , Criminal law , Justice , Lawyering , Media , Society 12 Comments
Our annual Moot Court for elementary kids has made the ABA Journal! We hosted 150 6th grades from Kent Gardens Elementary School in McLean, Virginia this year. They sat through a trial of the three little pigs and a class on forensics led by a detective. The trial was a double murder and attempted murder case based on the Three Little Pigs. B.B. Wolf was acquitted.
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Bybee Reportedly Seeking Forum to Explain His Role in the Torture Memos
Published 1, May 7, 2009 Congress , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Media , Politics , Society 56 Comments
While Judge Jay Bybee has declined to speak before the Senate Judiciary Committee to explain his role in the Bush torture program, he is reportedly reaching out to Nevada delegation members to find an alternative forum “to tell his side of the story.” I discussed the story on this segment of Rachel Maddow’s show.
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Republican Politician Calls Justice Souter a Child Molester and Goat Lover
Published 1, May 6, 2009 Bizarre , Courts , Media , Politics , Society 26 Comments
Macon City Councilman and Internet blogger Erick Erickson has been listed as one of the 100 most influential conservatives in America (69 to be precise). He is also the editor-in-chief of the site redstate.com. Erickson is unapologetic for his postings on the retirement of Supreme Court Justice David Souter, where he called the jurist a child molester and bestiality deviate.
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Dubai Court Convicts Woman of Manslaughter and Orders Payment of Blood Money for Death of Her Own Fetus in Traffic Accident
Published 1, May 5, 2009 Bizarre , Courts , Criminal law , Politics , Religion , Society 7 Comments
There is a trend in the United States to treat fetuses as persons for the purpose of criminal charges. That trend was taken to an extraordinary degree in Dubai where a pregnant woman was involved in a traffic accident and had a miscarriage. Finding that she was following to closely and applying Sharia law, the court convicted her of manslaughter and also ordered her to pay “blood money” for the loss of the baby.
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Leading Pakistani Cleric Denounces Democracy as UnIslamic and Praises the Former Taliban Regime as the Model System of Governance
Published 1, May 4, 2009 Constitutional Law , Courts , International , Justice , Media , Politics , Religion , Society 36 Comments
Leading Pakistani cleric chief Sufi Muhammad of Tehreek-e- Nifaz-e- Shariat-e- Muhammadi has declared democracy, communism, socialism, and fascism to be un-Islamic. Hmmm, that leaves what? Of yes, Islamic rule. He has also reaffirmed that it is unIslamic to be photographed.
Texas Court Supports Review of Murder Case Due to Sexual Relationship Between Trial Judge and Prosecutor
Published 1, May 4, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society 4 Comments
The ABA Journal has obtained the findings of Judge Greg Brewer, who is recommending that the case of Charles Dean Hood be reviewed in light of an intimate relationship between former Collin County District Judge Verla Sue Holland and former Collin County District Attorney Thomas S. O’Connell Jr. Notably, O’Connell previously denied such a relationship.
Chicago Judge Jails Attorney For Document Irregularity Without Explanation
Published 1, May 4, 2009 Bizarre , Courts , Criminal law , Lawyering , Society 8 CommentsLawyers in Chicago are mystified by the actions of Cook County Associate Judge Mark Lopez, who jailed lawyer Nancy Murphy for an unknown offense. Murphy says that she had simply drafted an order and, after giving it to Lopez, was thrown into jail where she was verbally abused by Cook County jail guards and left overnight in a filthy cell.
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Farewell To Bill Moffitt
Published 1, May 2, 2009 Academics , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Society 5 CommentsToday, William B. Moffitt will be buried in Washington, D.C.. Bill was a friend and one of the greatest trial attorneys of his generation. He was only 60. He will be deeply missed.
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Justice David Souter To Retire
Published 1, April 30, 2009 Congress , Constitutional Law , Courts , Lawyering , Politics , Society , Supreme Court 57 CommentsAssociate Justice David Souter, 69, has announced that he will retire from the Court after 18 years. The announcement comes as a complete surprise because, at 69, Souter is one of the younger members of the Court and was not expected to retire before John Paul Stevens or Ruth Bader Ginsburg. He is twenty years younger than Stevens, who appears intent on remaining on the Court at least for the rest of this term.
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Condoleezza Rice Asserts a Nixonesque Defense That Nothing the President Ordered Could Be a War Crime
Published 1, April 30, 2009 Bizarre , Congress , Constitutional Law , Courts , Criminal law , International , Justice , Military , Politics , Society 45 Comments
There is an interesting exchange that has surfaced between a Stanford student and former Secretary of State Condoleezza Rice who is a Senior Fellow at the Hoover Institute at Stanford. The student confronted Rice about whether waterboarding is torture. She responded with a Nixonesque argument that, if the president ordered it, it cannot be a war crime. It sounds a lot like Nixon’s 1977 statement: “When the president does it, that means it is not illegal.” I discussed the Rice comment on this segment of Hardball.
Scalia Slams Fordham Law Professor For Privacy Invasion
Published 1, April 30, 2009 Academics , Bizarre , Constitutional Law , Courts , Justice , Media , Politics , Society , Supreme Court 50 Comments
Associate Justice Antonin Scalia publicly lashed out at Fordham Law Professor Professor Joel Reidenberg who having his students compile a 15-page dossier on his private life. For civil libertarians, Scalia’s objections to a lack of privacy is analogous to Rep. Jane Harman’s outrage over being intercepted as part of the NSA warrantless program that she helped approve.
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Obama Calls Waterboarding Torture, But Refers to Bush Policies as “Mistakes” and Bad “Techniques”
Published 1, April 30, 2009 Congress , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Media , Military , Politics , Society 26 Comments
Civil libertarians were a bit disappointed again in President Barack Obama’s press conference on Wednesday. While he reaffirmed that he views waterboarding to be torture (a well-established legal fact), he repeatedly referred to what the Bush Administration did as a “technique” of interrogation and a “mistake.” I discussed the Obama press conference and the torture issues on this segment of Rachel Maddow. I will be discussing these issues again on tonight’s Hardball.
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