James Privett, 26, believes in love . . . and its power to heal all wounds . . . including cleaver scars. Privett took a cleaver to his wife but has told police that he hopes “loves conquers all” and hopes to reconcile with his wife Erica.
Archive for the 'Criminal law' Category
The Orthello Defense: Cleaver Assaulting Husband In Kentucky Insists “Love Will Conquer All.”
Published 1, February 22, 2012 Bizarre , Criminal law , Society 15 CommentsIf Toys Are Criminal, Only Criminals Will Have Toys: Michigan Moves To Make Possession A Crime . . . Of Toy Guns
Published 1, February 22, 2012 Bizarre , Criminal law , Politics 14 Comments
Michigan legislators are moving to make possession of toy guns a crime. The legislation by members is based on the growing practice of criminals cutting off the orange tips and using the toy guns in crime. This way, presumably, they will go and get real guns for their crimes?
Cereal KIller? Murder Suspect Challenges Jail’s Denial Of Favorite Cereal
Published 1, February 21, 2012 Criminal law , Society 17 Comments
Holly Grigsby is obviously cuckoo for Cocoa Puffs. The murder suspect has challenged jail conditions that deny her access to the cereal and other items in the commissary of the Snohomish County Jail.
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Architect Charged With Manslaughter Over Poorly Built $11 Million Mansion
Published 1, February 20, 2012 Criminal law , Society , Torts 30 Comments
California prosecutors have brought a rare manslaughter charged against an architect for the substandard construction and design of a $11 million mansion. Albert Becker, 48, was arrested after a firefighter died in a blaze at the home, which was going to be the backdrop for a reality show called “Germany’s Next Model.”
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Privacy Rights – To Enumerate or Not to Enumerate, That is the Question
Published 1, February 19, 2012 Constitutional Law , Criminal law , Free Speech , International , Justice , Society 126 Comments
Submitted by Gene Howington, Guest Blogger
Reasonable people tend to agree there is both a right to privacy and that it is necessary. But what exactly is the right to privacy? Justice Brandeis famously said in Olmstead v. U.S., 277 U.S. 438, 479 (1928), “The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man’s spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the government, the right to be let alone-the most comprehensive of rights and the right most valued by civilized men. To protect, that right, every unjustifiable intrusion by the government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment. And the use, as evidence in a criminal proceeding, of facts ascertained by such intrusion must be deemed a violation of the Fifth.” Plainly put, at its heart a right to privacy is simply a right to be let alone.
However, do we need to specifically protect it or generally protect it? Is that right absolute? Laws, by definition and the nature of entering a social compact, are restrictions on absolute liberty found in the state of nature. One of the larger disagreements at the Constitutional Convention was about whether enumerated rights would serve to unjustly limit those rights versus a failure to enumerate rights would result in rights not being properly protected. This is a valid question surrounding this issue, especially since some would advocate enumerating the right to privacy by Constitutional amendment. There are advantages and disadvantages to both approaches. While specifically defining/enumerating a right creates a foundation for arguments surrounding said right, leaving a right’s definition nebulous allows jurisprudence greater leeway to evolve around fact specific instance and questions that in the long run can result in a more nuanced understanding and application of the right without the constraints a foundational definition might impose. In this light, consider the right to privacy.
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Florida Police Make Surprising Discovery That Man Has Crack In His Butt
Published 1, February 19, 2012 Criminal law 16 CommentsBy Mark Esposito, Guest Blogger
Martin County Florida law enforcement officers made a surprising discovery while processing 28 year-old arrestee Ramon Blair. Blair had been fingered by the ubiquitous reliable, confidential informant as riding around town with $100 worth of crack cocaine on his person.
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The Better Part of Valor: Should Lying About Medals Be A Crime?
Published 1, February 19, 2012 Columns , Congress , Constitutional Law , Criminal law , Free Speech , Politics , Society 40 Comments
Below is my column today in the Washington Post (Sunday) Outlook Section. The column concerns the Alvarez case to be heard on Wednesday before the Supreme Court. I have been a long critic of the Stolen Valor Act — not because I am not highly sympathetic to its purpose but because I am concerned about the means of achieving that purpose. I share the anger over people who falsely claim to be war heroes. However, the government often selects popular causes for expanding its power over speech or conduct of its citizens. The question before the Court is really not about this specific form of lying, but the legal basis for criminalizing lies generally. The Act is different in that it seeks to criminalize lies simply because they are lies as opposed to lies that are used to commit a specific crime like larceny or fraud or perjury. I also spoke to NPR on Talk To The Nation on this subject.
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ACLU Files On Behalf Of Gun Owner Abusively Arrested By Philadelphia Police
Published 1, February 17, 2012 Constitutional Law , Criminal law , Politics 25 Comments
We previously discussed the abusive arrest of Mark Fiorino by Philadelphia police. Now the American Civil Liberties Union of Pennsylvania and the law firm of McCausland Keen & Buckman have filed a federal complaint today against the city of Philadelphia in his defense. It is an important case and we will be following it closely.
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Alabama House Passes Ban On Saggy Pants
Published 1, February 17, 2012 Bizarre , Criminal law 36 Comments
State Rep. Alvin Holmes (D-Montgomery) has introduced a bill that tackles that pressing problem of the State of Alabama. No, not high unemployment or crime or foreclosures. He is moving a bill that would ban saggy pants. That’s right, the legislature of Alabama is close to passing a statewide ban on saggy pants. The only thing more questionable than its constitutionality is its necessity. While it may put him at odds with Arizona Democratic state Rep. Katie Hobbs to require airbrushing of any saggy images, they both seem to be working off the sense of legislative priorities.
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Ninth Circuit Refuses To Remove Name Of Federal Prosecutor From Opinion On Unethical Conduct
Published 1, February 16, 2012 Courts , Criminal law , Lawyering 28 Comments
The United States Court of Appeals for the Ninth Circuit issued a stinging rebuke to the Justice Department after refusing to remove the name of a prosecutor who acted unethically from an opinion. The effort by the Justice Department to conceal the name of the prosecutor, the court noted, was in sharp contrast to its common heralding of the accomplishments of its prosecutors in public. The move reaffirmed the view of many lawyers that the Justice Department often acts reflexively in defense of its lawyers — often resisting efforts to hold abusive prosecutors accountable. Assistant U.S. Attorney Jerry Albert is accused of misrepresenting a drug defendant’s prior statements when trying to impeach her trial testimony.
Nancy Grace Demands To Know Who Shoved Houston Under The Water
Published 1, February 15, 2012 Bizarre , Criminal law , Media , Society 25 Comments
Nancy Grace has long thrived on the carrion of high-profile murders and disappearances. Sometimes, however, there simply is not time to lose to distort facts into a juicy murderous tale. Thus, when Whitney Houston died, Grace was virtually hyperventilating in fashioning the death as a presumptive murder. Grace demanded to know who pushed Houston under the water in her tub or gave her the lethal dose of drugs or both.
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Libyan U.N. Envoy Denounces Gays and Lesbians As Threatening Humanity
Published 1, February 15, 2012 Bizarre , Constitutional Law , Criminal law , International , Politics , Religion , Society 11 Comments
The new Libyan government has adopted many of the habits of its previous regime like torture and it can now add homophobic leadership. Libya’s new United Nations delegate to the U.N. Human Rights Council used a resolution to combat violence based on sexual orientation to denounce homosexuals as threatening the survival of the human race.
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Witness Contradicts Police Account Of Fatal Shooting Of Unarmed Virginia Woman In Church Parking Lot
Published 1, February 14, 2012 Criminal law 55 Comments
There is a disputed shooting in Culpeper, Virginia where Patricia Cook, 54, was killed by an officer who said that she tried to drive away from a church parking lot while his arm was caught in the window. However, an eye witness has come forward to dispute that account and neighbors have questioned the need for lethal force against the unarmed woman.
Former Texas Prosecutor and Current Judge Faces Court of Inquiry Over Alleged Misconduct Leading To Innocent Man Spending 25 Years In Jail
Published 1, February 14, 2012 Bizarre , Courts , Criminal law 39 Comments
The same week that the Durham District Attorney is appearing in a hearing on her possible removal, a Texas judge has found probable cause that former Williamson County District Attorney Ken Anderson withheld exculpatory evidence and may have caused a innocent man to be wrongfully convicted. Anderson, now a district judge himself, will face a likely special court of inquiry over his alleged misconduct.
English Student Arrested For Frying Roommate’s Pet Hamster
Published 1, February 13, 2012 Animals , Bizarre , Criminal law , International 18 Comments
A case out of York, England could raise the question of whether inebriation is a defense to animal abuse. A 20-year-old student was arrested for allegedly frying the pet hamster of his roommate while drunk.
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Gov. Walker “Walks” All Over the Proposed Foreclosure Settlement
Published 1, February 12, 2012 Courts , Criminal law , Economics , Justice , Politics , Society , Things That Tick Me Off 51 Comments
Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
Just the other day we learned of the proposed foreclosure abuse settlement between the Attorney Generals of almost all 50 states and the Big Banks. In that pending settlement, the Banks will be depositing up to $26 Billion dollars into a fund designed to help homeowners whose homes are under water and who have been foreclosed upon. “Federal and state officials today will finally announce that they’ve reached a settlement with the nation’s biggest banks over the banks’ various foreclosure fraud abuses, such as “robo-signing” foreclosure documents and submitting falsely notarized documents to courts. The settlement has been in the works for several months, as a few key states — most notably California and New York — were holding out for tougher terms against the banks.” Think Progress While some still think the settlement does not go far enough, there is evidence that the settlement could provide real relief for homeowners and for the real estate market. But the concept of helping the market and homeowners gets lost, at least in the mind of Gov. Scott Walker of Wisconsin! Continue reading ‘Gov. Walker “Walks” All Over the Proposed Foreclosure Settlement’
Two Great Tastes – A Fashion Statement
Published 1, February 11, 2012 Bizarre , Criminal law , Society 22 Comments
The post fashion show booking photo of Andrew Toothman.
Submitted by Gene Howington, Guest Blogger
“Life’s but a walking shadow, a poor player
That struts and frets his hour upon the stage
And then is heard no more: it is a tale
Told by an idiot, full of sound and fury,
Signifying nothing.”
William Shakespeare, Macbeth, Act V, Sc. 5
Some days when you wake up, don’t you just feel like doing something new and exciting? A way to change things up? Most people follow through with this urge by going to a new restaurant or visiting some place new or getting a different haircut. Perhaps trying a new outfit. Like all ideas, you can go too far with this impulse for change. Sometimes people get an idea and figure anything worth doing is worth overdoing, but I’m still trying to guess where the good idea/bad idea line was crossed in this case. If any forethought was given, I’m thinking the line was crossed fairly early on.
But crossed it was early on the morning of February, 3, 2012, in Neon, Kentucky. Andrew Toothman, 22, was apparently feeling the need to change things up when he broke into the IGA grocery store. What were his intentions you might be asking? I think possibly his intention was to make a bold fashion statement. That or he had simply taken leave of his senses. When the IGA employees arrived for work that morning, they found a surprise waiting for them. They found Mr. Toothman wearing black boots, chocolate and peanut butter. That’s it.
Texas Judge Arrested For Pot Possession In Hotel Room
Published 1, February 10, 2012 Bizarre , Courts , Criminal law 30 Comments
A former state trooper and Guadalupe County Judge Michael Thomas Wiggins, 58, was almost late for a conference of judges this week . . . he had to make bail to be released from jail on a misdemeanor marijuana possession charge.
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OMG ADIH: Top Saudi Clerics Call For Journalist To Be Put To Death For Blasphemous Tweet
Published 1, February 10, 2012 Constitutional Law , Criminal law , Free Speech , International , Media , Politics , Religion 268 Comments
The top Saudi clerics have found another person to execute for free speech. We have previously seen a number of people accused of blasphemy for brief tweets or Facebook entries or even reading a book or speaking insulting thoughts at prayer. There is now a campaign to execute 23-year-old journalist Hamza Kashgari for a tweet that he sent to Mohammad on his birthday about Kashgari’s faith. There is no evidence that Mohammad is actually one of his followers but Mohammad’s followers are pretty ticked and labelled Kashgari an “apostate” who must be killed for his offense to Islam.
Gladiator Maximus: Anchor Bitten In The Face By Rescued Dog
Published 1, February 9, 2012 Animals , Criminal law , Torts 34 Comments
Television anchor, Kyle Dyer, was bitten in the face by a 85-pound Argentine mastiff named Gladiator Maximus during an interview this week. The dog was the scene of a heroic rescue in icy waters after falling into the water while chasing a coyote. Firefighter Tyler Sugaski who rescued the dog is shown here with the owner 39-year-old Michael Robinson. The video is below.
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Court Clerk Caught Watching Porn As Rape Victim Testifies At Trial
Published 1, February 9, 2012 Bizarre , Courts , Criminal law , International , Society 13 Comments
Debasish Majumder, 54, a court clerk in London, has pleaded guilty to watching pornography during a rape trial in court, including while the victim testified on her sexual assault. Majumber pleaded guilty to misconduct in public office and five counts of possession of indecent images. The latter charge appears to be child pornography found on his home computer. The Right Honorable Judge Nigel Seed (left) discovered the pornographic surfing.
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Curve Breaker: Temple University Student Convicted of Hacking Into School System To Improve Grades
Published 1, February 8, 2012 Academics , Criminal law 11 Comments
Temple University Edwin T. Kim, 31, has received a criminal conviction and two-years probation after pleading guilty to hacking into the school’s system to improve his grades. The tampering with records violation was discovered by one of his professors who found herself locked out of the system in trying to enter grades. What is remarkable however is the temerity of Kim who changed his F grade in a couple of classes to an A-.
Memphis Lawyer Charged With Endangering Officer In Parking Dispute
Published 1, February 7, 2012 Bizarre , Criminal law , Society 6 Comments
Memphis lawyer Christopher F. Donovan, 42, has been arrested after a parking dispute gone bad where an officer charges that Donovan hit him with his car near the courthouse. The charge, however, is notably not assault but a Class A misdemeanor of reckless endangerment. We have previously seen how little contact it takes to be charged with assault on an officer. While Donovan appears in the wrong from the available facts, the charge of reckless endangerment could be challenged.
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Iranian Supreme Court Upholds Death Sentence Of Canadian Resident Over Use Of His Photo-Uploading Software
Published 1, February 6, 2012 Constitutional Law , Criminal law , Free Speech , International , Religion , Society 17 Comments
The Iranian Supreme Court has added its authority to the campaign against free speech in the Islamic Republic by upholding the death sentence of Iranian-born Canadian resident Saeid Malekpour, who is charged with “insulting the sanctity of Islam” and “corruption on earth.” Malekpour was arrested while visiting his ailing father because his photo-uploading software was used by a porn website even though it appears to have been done without his knowledge. Citizens around the world have rallied to his side, but the court insisted that Sharia law demands death.
Massachusetts Lawyer Suspended After Falsely Claiming To Be Medical Doctor
Published 1, February 6, 2012 Criminal law , Lawyering , Science 25 Comments
“Dr.” Susan Friery was once heralded as a leading plaintiff’s attorney — a combination of a juris doctor and medical doctor. Touting a medical degree from Columbia University, Friery was given a partnership at Kreindler & Kreindler LLP, which appears not to have actually checked her degree. Her Massachusetts law license has now been suspended for two years. Her medical license has not been suspended because she never had one. She never graduated from medical school.
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Federal Court Rules Sister Wives Case Can Go Forward
Published 1, February 3, 2012 Constitutional Law , Courts , Criminal law , Politics , Religion , Society , Supreme Court 44 Comments
Despite widespread predictions to the contrary, a federal court in Salt Lake City has ruled that the Sister Wives challenge of the statute anti-polygamy law can go forward and denied the effort to dismiss the lawsuit. The long and detailed ruling of United States District Court Judge Clark Waddoups agreed with our arguments that we have standing to challenge the state law. The standing question has long been discussed as the most significant barrier for the family in seeking a ruling on the merits. Prior such challenges have been denied at the standing stage.
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Ambassador Apologizes To Her Children and Her Country For Signing ACTA
Published 1, February 3, 2012 Criminal law , Free Speech , International , Politics , Society 8 Comments
While some may view it as a little late, Slovenia’s ambassador to Japan has apologized to her children and her nation for signing Anti-Counterfeiting Trade Agreement (ACTA) which has been condemned for opening the door to Internet censorship and government abuse. Helena Drnovsek Zorko appears not to have read the law very carefully and only later read the criticism from Slovenian citizens.
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Can You Spot The Pig? Inmates Prank Police By Adding Swine Image To State Seal
Published 1, February 3, 2012 Animals , Bizarre , Criminal law , Politics , Society 29 Comments
Inmates at a Vermont correctional unit’s print shop decided to use some artistic license on the state police crest that appears on police cars around the state. They inserted the image of a pig. Can you find it? The answer is below.
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Study: Drug Addicts May Have Abnormal Brains Prone To Addiction
Published 1, February 3, 2012 Academics , Criminal law , Religion , Society 23 Comments
Researchers at the University of Cambridge have published a startling article in Science Magazine stating that drug addicts may have brain abnormalities that give them a predisposition toward addiction. It could radically change how we view addiction and its causes.
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The Ice Man Cometh: Chilean Man Arrested With Five Tons of Hot Ice
Published 1, February 3, 2012 Bizarre , Criminal law , International 7 Comments
Crooks have long sought “fences” to move stolen “ice” but a Chilean man appears to have taken the practice literally. He was arrested this week for selling glacier ice from Patagonia for “designer ice cubes” for the drinks of the rich and stupid.
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FBI Uses Chainsaw To Bust Into Home, Forces Woman To Lie In Dog’s Pee, Prevents Her From Comforting Crying Toddler . . . And Then Announces They Have The Wrong Apartment
Published 1, February 2, 2012 Bizarre , Criminal law 47 Comments
In Fitchburg, Massachusetts, Judy Sanchez was at home with her three-year-old daughter when she heard pounding on her door. Before she could do anything, a chainsaw suddenly came tearing through the door and agents then kicked in the remainder with guns drawn. It then got worse . . .
Paris Appellate Court Upholds Fraud Conviction Against Church of Scientology
Published 1, February 2, 2012 Criminal law , International , Religion , Society 9 Comments
The Church of Scientology has lost another case involving its allegedly fraudulent practices in extracting money from followers. A Paris appellate court has upheld the entirety of a fraud conviction and the fine of hundreds of thousands of euros against the Church of Scientology. The ruling comes at a time when current members have joined former members in challenging the practices of the Church.
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Not Such A Goodman: Florida Millionaire Adopts Girlfriend To Protect Part Of Estate After Killing Man In A Driving Drunk Accident
Published 1, February 1, 2012 Bizarre , Criminal law , Society , Torts 29 Comments
John Goodman, 48, appears to have come upon a legal strategy that clenches the title of the worst person in the world. Goodman, the wealthy founder of the International Polo Club Beach in Wellington, was arrested after he killed Scott Patrick Wilson, 23, while driving drunk. Facing a civil lawsuit from his family, Goodman has legally adopted his 42-year-old girlfriend, Heather Laruso Hutchins, as his daughter to protect some of his money.
Teaching Citizens to Heel: Park Ranger Reportedly Tasers Man Walking Small Dogs Off Leash
Published 1, January 31, 2012 Bizarre , Criminal law , Society 200 Comments
In California’s Rancho Corral de Tierra (part of the Golden Gate National Recreation Area), a National Park Service Ranger reportedly shot Gary Hesterberg in the back with a taser after he walked away during a confrontation over walking his two lapdogs off leash. He was then arrested on suspicion of failing to obey a lawful order, having dogs off-leash and knowingly providing false information. The park service spokesperson reportedly said it is all part of teaching citizens about the new leash law in the area . . . or teaching Hesterberg to heel.
Mexican Official Detained With Almost $2 Million In Suitcase and Backpack . . . Treasury Secretary Assures Public It Is Perfectly Legal
Published 1, January 31, 2012 Bizarre , Criminal law , Politics , Society 8 Comments
This week, Miguel Morales Robles, a Mexican state official from Veracruz, was detained at an airport with $1.9 million stuffed into a briefcase and a backpack. However, Tomas Ruiz, treasury secretary for Veracruz state, assured the public that it was all perfectly innocent and legal — the official was just taking cash to Mexico City to pay an advertising firm to promote festivals.
Massachusetts Lawyer Gets 18 Month Suspended Sentence For Stealing Court File
Published 1, January 31, 2012 Criminal law , Lawyering , Society 4 Comments
Ilya Ablavsky, 33, has had his share of problems. As a student at Brandeis University, he was charged with making bomb threats after losing a primary race for mayor of Waltham. He also claims to suffer from bipolar and post-traumatic stress disorders as well as high anxiety. He can now add a suspended 18 month sentence to his woes after pleading guilty to stealing a court file in a murder case in an attempt to prevent the prosecution of an acquaintance. He had only had his license for a few months and will now likely lose it in a remarkably short legal career.
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Afghan Man Allegedly Strangles Wife For Bearing Him A Girl Rather Than A Son
Published 1, January 30, 2012 Bizarre , Criminal law , International , Religion , Society 16 Comments
It appears that Henry VIII is alive and well in Afghanistan . . . but not his wife. In another horrendous attack on a woman in that country, police are seeking Sher Mohammad who they say strangled his wife for giving birth to a girl rather than the boy that he wanted. Putting aside the man’s apparent ignorance of the fact that it was he who determined the gender of the child, it is another example of how women in some of these insular Muslim communities are treated as chattel. The man’s mother, Wali Hazrata, is accused of tying the feet of 22-year-old Stori or Estorai. She has been arrested while her son is believed to be with an illegal militia group.
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British Couple Ejected From U.S. For Tweeting About Wanting To Dig Up Marilyn Monroe and Destroy America On Vacation
Published 1, January 30, 2012 Bizarre , Criminal law 37 Comments
Ever since Benny Hill Americans have had a difficult time getting British humor. However, British tourists Leigh Van Bryan, 26, and pal Emily Bunting, 24, claim that the Department of Homeland Security not only lacks a sense of humor but does not recognize a joke from the quintessential American comedy show, Family Guy. Upon arriving at Los Angeles, they were interrogated for hours about tweets that they sent and eventually ejected from the country. Before their deportation, they say that they were held in a cell with narcotics traffickers for twelve hours.
“Anything Can Happen”: New York Lawyer At The Center Of Lottery Mystery
Published 1, January 30, 2012 Bizarre , Criminal law , Lawyering 8 Comments
New York attorney Crawford Shaw is in the center of a odd mystery. Just two hours before the passing of a deadline for a jackpot ticket to the state lottery, Shaw contacted the Iowa Lottery to submit the winning ticket on behalf of an unnamed client. The ticket was sold 13 months previously at a Des Moines gas station with a payout of $7.5 million cash or $10.3 million spread over 25 years. However, things then got pretty weird. The Iowa lottery proclaims that “Anything Can Happen” and it appears it has.
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Show and Tell: Decrypt Your (Potentially Incriminating) Secrets Or Be Held In Contempt
Published 1, January 29, 2012 Constitutional Law , Courts , Criminal law , Justice 45 Comments
Submitted by Gene Howington, Guest Blogger
The 5th Amendment of the U.S. Constitution reads:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
The language is clear. There is no reasonable alternative construction or deconstruction of the language that renders any permutation of the right against self-incrimination to yield a contrary result. You don’t have to offer testimony against yourself in a criminal proceeding in any court of law. Ever. In what seems an ever increasing and endless assault on the civil rights of American citizens, even this right spelled out in plain language is under attack. This time the alleged assailant is U.S. District Court Judge Robert Blackburn, a George W. Bush appointee. Judge Blackburn has ordered a criminal defendant to produce a unencrypted version of an encrypted hard drive. While several lower courts have addressed this issue, the Supreme Court has yet to weigh in on it. That may change.
But is the 5th Amendment really under attack here? The 5th Amendment applies to testimony. The issue at hand here is production of evidence. Different standards and protections can apply to compelling the production of evidence. The case in front of Judge Blackburn is U.S. v. Fricosu.
Eavesdropping on the Police
Published 1, January 29, 2012 Constitutional Law , Courts , Criminal law , Free Speech , Justice , Media , Things That Tick Me Off 28 Comments
Respectfully submitted by Lawrence Rafferty (rafflaw)–Guest Blogger
Here in Illinois it is currently illegal for citizens to audio tape record public officials while they are doing their public duty, even in public. “Illinois’ eavesdropping ban was extended in 1994 to include open and obvious audio recording, even if it takes place on a public street where no expectation of privacy exists and in a volume audible to the “unassisted human ear.” ‘ Chicago Tribune When I first heard of this law, I was at first shocked and then my shock turned to anger. The police can make recordings of citizens out in public while they are in the midst of a traffic stop or even when one is exercising their First Amendment rights on the streets of Chicago. But, private citizens are not allowed to record those same police officers when they abuse the public or take liberties with constitutional guarantees. Continue reading ‘Eavesdropping on the Police’
-Submitted by David Drumm (Nal), Guest Blogger
That was the description of four East Haven, Connecticut, police officers who were arrested after a federal grand jury returned an indictment containing charges of conspiring to violate, and violating, the civil rights of members of the East Haven community. All four have pleaded not guilty in Federal District Court and three have been released on bail, ranging from $100,000 to $300,000; the fourth is awaiting completion of his paperwork.
Getting Moody: Preacher Accused Of Throwing Neighbor’s Cat Off Bridge
Published 1, January 27, 2012 Animals , Bizarre , Criminal law , Religion 21 Comments
Rick Bartlett, pastor of the Bastrop Christian Church in Texas, has been arrested for allegedly throwing a neighbor’s cat, Moody, off a bridge after caging and abandoning the cat for days in his truck.
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The Cat Did It: Man Arrested After Trying To Frame Cat For Murder
Published 1, January 27, 2012 Bizarre , Criminal law 9 Comments
In East St. Louis, Illinois, Brett Nash, 45, is accused of conspiracy to murder and then frame someone else for the crime. Not unheard of to be sure in the annals of crime, but the murder was going to be pinned on a cat.
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Thou Shalt Not [Allegedly] Steal: Tennessean Judge Accused Of Stealing Money Raised For Ten Commandments Display
Published 1, January 26, 2012 Bizarre , Criminal law , Lawyering 40 Comments
Hawkins County (Tenn.) Sessions Court Judge James “Jay” Taylor appears to attract investigations the way motor homes attract tornados. He has been sued in various civil lawsuits and has now been hit with five criminal charges, including stealing money that he raised for a “Citizens Heritage Display” including the Ten Commandments to be placed in the lobby of the Hawkins County Justice Center. He is continuing his push for reelection as well as his performances as part of “The Redeemed Southern Gospel Singing Quartet.”
Ding-Dong Ditch: Former Bronx Prosecutor Arrested After Firing Gun In Anger Over Teen Ringing Her Bell
Published 1, January 25, 2012 Criminal law , Society 25 Comments
Former Bronx prosecutor Bernadette Greenwald, 37, has been criminally charged after she pulled a gun on a teen and fired a shot in anger over teenagers ringing her door bell in the “ding-dong ditch” game. Police say that Greenwald fired her pink 9mm handgun to show the teen she had (in her words) “balls.” Greenwald practices under her maiden name, Bernadette Nicchia.
Justified Shooting? Man Shot and Killed By California Police After Smashing Windows of a Restaurant With A Pipe
Published 1, January 25, 2012 Criminal law , Society 35 CommentsThis video on YouTube raises serious questions over the necessity of shooting a man outside of a Carl’s Jr. in Monterey Park, California. The man was smashing windows with a pipe and failed to yield to commands from officers. When he turned toward one officer and raised the pipe, he was repeatedly shot by the other officer in the video.
14-Year Old Boy Killed After Shooting Himself In Head With Replica Cannon
Published 1, January 24, 2012 Bizarre , Criminal law 32 Comments
In Tremonton, Utah, a family is facing a bizarre tragedy after Robby Ostberg, 14, was killed after being shot in the head by a small replica cannon. Notably, the police have said that they first believed that the cannon was purely decorative but then found that it was designed to fire a .50-caliber round. That would create a possible basis for a tort lawsuit for negligence and possibly product liability.
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Officer Pulls Over South Carolina Mayor For Speeding . . . Mayor Then Pulls Over Officer
Published 1, January 24, 2012 Bizarre , Criminal law , Politics 18 Comments
Norway Mayor Jim Preacher was not apparently happy about being pulled over by a South Carolina state trooper for speeding. After being given a ticket, Preacher proceeded to put on his own blue lights and pulled over the trooper in his capacity as Norway’s chief constable.
Former Prosecutor Sentenced To Three Years For Accepting Drugs For Fees
Published 1, January 24, 2012 Criminal law , Society 25 Comments
Former Florida prosecutor Aaron Slavin, 34, has received a three-year prison sentence for accepting more than 200 oxycodone pills as payment for legal services in 2010. His wife Eryn Slavin, 34, was also convicted of drug possession, but under the deal with her husband she will avoid jail time. His mug shot sheet shows an arrest in 2010.
Continue reading ‘Former Prosecutor Sentenced To Three Years For Accepting Drugs For Fees’
Supreme Court Unanimously Rejects Obama Administration’s Effort to Conduct Warrantless GPS Searches
Published 1, January 23, 2012 Constitutional Law , Criminal law , Society , Supreme Court 40 Comments
I previously wrote about the pending case of United States v. Jones and the effort of the Administration to establish precedent allowing the government to follow citizens with Global Positioning Devices (GPS) without any showing of probable cause. I am happy to report that the Court has ruled unanimously against the government and found the practice to be unconstitutional under the fourth amendment. It is a stinging defeat for the Obama Administration but a roaring victory for privacy and civil liberties at a time when good news is rare.
Freeze Warning: South African Law Makes Unauthorized Weather Forecasts Illegal
Published 1, January 21, 2012 Criminal law , International , Science 38 CommentsSubmitted by Mark Esposito, Guest Blogger
American novelist Ilka Chase once wrote that, “Among famous traitors of history one might mention the weather.” Now it seems unauthorized predictions about the weather are getting the traitor treatment, too. A proposed South African law would make any weather forecast about severe weather or air pollution not authorized by the government-funded South African Weather Service (SAWS) subject to five years in prison and a $630,000.00 fine. The law would affect TV weather forecasters, online services like Weather.com, and community based weather services. Talk about a government sponsored monopoly.
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Atheist Arrested In Indonesia For Blasphemy For Writing On Facebook “God Does Not Exist”
Published 1, January 20, 2012 Constitutional Law , Criminal law , International , Politics , Religion , Society 11 Comments
We have been following the increasing abuse of the legal system in Indonesia, including the application of Sharia law. Now, an atheist (identified only as Alexander) has been arrested and faced five years in jail for questioning the existence of God on his Facebook page. It is the latest blasphemy arrest, discussed earlier in a column.
Justice According To Scalia and Thomas: Two Justices Dissent From Giving Death Row Inmate Appeals After He Was Abandoned By Counsel
Published 1, January 19, 2012 Constitutional Law , Courts , Criminal law , Supreme Court 51 Comments
Recently we discussed the twisted jurisprudence of Associate Justice Clarence Thomas. Thomas is back in another disturbing dissent written by Antonin Scalia in the case of Maples v. Thomas. Cory Maples was convicted of two murders in Alabama in 1997. Since Alabama does not pay for post-conviction assistance, he relied on Jaasai Munanka and Clara Ingen-Housz from the law firm of Sullivan and Cromwell. When the attorneys left, however, the firm let the case drop and Maples was never informed that an appeal had been denied. His time for appeal lapsed. Seven justices lined up to support the right to an appeal, including Roberts and Alito who are not known to support criminal defendants in most cases. However, Thomas and Scalia insisted that there was no need for further judicial review in light of the failure of counsel. If leaving a case entirely is not ineffective counsel, it is difficult to see when such a standard would be satisfied in the jurisprudence of Thomas and Scalia.
You Can Thank Me Later: Police Officer Breaks Into Wrong House During Fire
Published 1, January 19, 2012 Bizarre , Criminal law 21 CommentsThis video shows an officer smashing the windows of a house and forcing an older woman into the street in her nightgown to save her from a fire. The problem is that the fire was down the street.
Continue reading ‘You Can Thank Me Later: Police Officer Breaks Into Wrong House During Fire’
SITES UNITE TO STOP SOPA
Published 1, January 18, 2012 Academics , Congress , Constitutional Law , Courts , Criminal law , Media , Politics 79 Comments
Sites like Wikipedia, Google, YouTube, and Reddit have gone black this morning in protest of The Stop Online Piracy Act (SOPA), which threatens Internet independence and free speech as well as a host of other rights. We have long discussed the ever-widening array of criminal and civil penalties pushed through Congress by the powerful radio and television lobby as well as other industry groups. The Obama Administration has been particularly willing to carry the water for these groups over objections from public interest groups. SOPA reflects the power of this lobby and its hold over members of Congress and the Obama Administration. While the Obama Administration has now responded to the outcry by insisting that it will tweak the bill, such promises ring hallow given its past efforts to appease this industry and its dishonest statements recently in other areas like the indefinite detention controversy. Notably, the recent admission from the White House that it has some concerns over the bill did not come until the public rallied against the bill — another indication of the control of an industry group in the drafting of legislation. This lobby is not going to go quietly into the night. It is more likely that it will work with the White House and Congress to achieve the same purposes with an incremental series of laws — if it does not simply win outright.
Who Burned The Senator?
Published 1, January 18, 2012 Bizarre , Criminal law , Environment 22 Comments
We have periodically been faced with a particularly twisted class of criminals who destroy nature, including historic trees (here and here and here), out of some deep-seated anger or objectification. The latest victim is “The Senator,” a 125-foot-tall bald cypress tree in the Longwood’s Big Tree Park in Florida. It was believed to be the oldest of its kind in North America and the fifth oldest tree in the world. Now it is a burned out trunk.
Can You Guess What This Man Was Arrested For?
Published 1, January 18, 2012 Bizarre , Criminal law 9 Comments
David T. Peters, 66, of Streetsboro, Ohio chose this unfortunate teeshirt before being arrested for internet child porn. We have seen other arrestees with poor taste in booking attire, but Peters is certainly competing for the top spot.
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Florida Police Officer Turns Off Dash Camera and Audiotape, Beats Man With Dementia, and Receives Only A Written Reprimand
Published 1, January 17, 2012 Bizarre , Criminal law , Society , Torts 35 CommentsIn Florida, Melbourne police Officer Derek Middendorf is accused of beating a 66-year-old man suffering from dementia. A dash camera shows Middendorf delivering a kick to the stomach of Albert Flowers, then punching him after Flowers falls to the ground. The video also shows another officer running over and tasing Flowers in the face. The beating left Flowers in the hospital for a month. Yet, the police department only issued a written reprimand for one of the officers turning off the dash camera and audio equipment. A written reprimand. That’s it.
TSA Agents Steal $40,000 From A Passenger . . . And Receive Just Six Months In Jail
Published 1, January 17, 2012 Bizarre , Criminal law , Society 19 Comments
Recently, two former TSA screeners, 44-year-old Coumar Persad and 31-year-old Davon Webb were convicted of stealing $40,000 from a passenger’s luggage at John F. Kennedy Airport in New York. The amount of cash and the involvement of TSA officers obviously makes the story notable. However, what I found quite remarkable was the sentence that they received; six months in jail and five years probation. That is a remarkably light sentence for federal employees involved in a major theft while using public authority and resources.
Continue reading ‘TSA Agents Steal $40,000 From A Passenger . . . And Receive Just Six Months In Jail’
Indefinite Detention of Citizens: A Response To Senator Carl Levin
Published 1, January 16, 2012 Congress , Constitutional Law , Courts , Criminal law , Free Speech , International , Lawyering , Military , Politics , Society 223 Comments
Yesterday, my column “10 Reasons The United States Is No Longer The Land Of The Free” ran in the Sunday Washington Post. I have been heartened by response to the column. However, a few commenters continue to suggest that the National Defense Authorization Act (NDAA) does not allow for the indefinite detention of citizens. This claim is being advanced by Senator Carl Levin (D., Mich.) in emails and fax messages to voters. I wanted to respond to Senator Levin’s points which are detached from language of the law and the clear intent of the majority of Senators. I would also like to address those who have stated that our liberties are not at risk when such powers will not affect most Americans.
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Uncle Shem Wants You? Israel Accused of Using U.S. Passport and Fake CIA Identities To Recruit Operatives
Published 1, January 16, 2012 Bizarre , Criminal law , International 14 Comments
Foreign Policy magazine has published an article that deals with an intelligence crisis that the Bush and Obama Administration appear to have buried away from public view. Internal memos reportedly detail how Israeli Mossad agents posed as CIA agents in the recruitment and running of operatives. Previously, Israel was criticized by various countries for using their passports and stolen identities of their citizens to kill a target in Dubai. The article suggests that Israel used U.S. money, passports, and identities for the false flag operation. What is fascinating is that the U.S. was accused (not surprisingly) of conducting the operation of cover support for Jundallah — a Pakistan-based Sunni extremist organization in 2007 and 2008.
Continue reading ‘Uncle Shem Wants You? Israel Accused of Using U.S. Passport and Fake CIA Identities To Recruit Operatives’
DOJ Weighs In On Police Taping Case
Published 1, January 14, 2012 Constitutional Law , Courts , Criminal law , Supreme Court 28 Comments-Submitted by David Drumm (Nal), Guest Blogger
In May 2010, Christopher Sharp used his cell phone camera to record Baltimore City Police officers arrest and beat a female acquaintance at the Plimlico Race Course. The officers detained Sharp, seized his cell phone, and returned it later with all his videos deleted, including videos of his young son at sports events. Sharp filed a complaint in the Circuit Court for Baltimore City Maryland which was later moved the United States District Court for the district of Maryland.
The United States Department of Justice has decided to get involved, on the side of Sharp.
British Find That Detainee Was Tortured As Part Of American Interrogation . . . Obama Administration Threatens To Cut Off Intelligence To England
Published 1, January 13, 2012 Criminal law , International , Politics 78 Comments
While the Obama Administration continues to block any independent investigation in this country or by other countries, Britain has angered Obama officials by confirming that a suspect was tortured as part of his interrogation by the United State in Morocco. The use of other countries to torture U.S. detainees through “extraordinary renditions” is well documented. However, the Obama Administration reportedly threatened to cut off Britain from access to intelligence if the country told the truth about the torture of Binyam Mohamed. Thus, while publicly condemning the desecration of dead Taliban as “deplorable” and promising an investigation (after the photos were published by the media), the Administration continues to use classification laws to prevent the truth from being revealed about American involvement in potential war crimes. What is particularly disturbing is that this story has received relatively little attention in the United States media, which appears to have “moved beyond” torture in favor of Tebow as a worthy subject of coverage.
Police Seek Culprit Who Seriously Injured Man In Spontaneous “Dwarf Toss”
Published 1, January 13, 2012 Bizarre , Criminal law , Society , Torts 19 Comments
There is an interesting criminal and tort case being investigated in England. Martin Henderson was celebrating his 37th birthday when he found himself airborne — thrown by another man in the bar who saw him as a dwarf for the tossing. Henderson suffered injuries as a result of the toss and the man fled.
Continue reading ‘Police Seek Culprit Who Seriously Injured Man In Spontaneous “Dwarf Toss”’
Kathleen Edwards, 2003-2012
Published 1, January 13, 2012 Criminal law , Society , Torts 36 Comments
It is with an extremely heavy heart that I have to report that nine-year-old Kathleen Edward died of Huntington’s disease on Wednesday night. We discussed Kathleen’s illness as part of a horrific case about bullying by a neighbor, Jennifer Petkov.
Continue reading ‘Kathleen Edwards, 2003-2012′
Justice According To Thomas: Dissent in Case Overturning Murder Conviction Highlights The Twisted Jurisprudence of Clarence Thomas
Published 1, January 12, 2012 Constitutional Law , Criminal law , Society , Supreme Court 54 CommentsThe extreme views of Justice Clarence Thomas were put into sharp relief yesterday when he stood alone in an 8-1 decision to overturn an outrageous conviction from New Orleans. In the face of shocking misconduct by prosecutors under Harry Connick Sr., even the most conservative members lined up to denounce the case . . . all but one.
Report: Loggers Accused Of Capturing Eight-Year-Old Girl From Remote Amazonian Tribe And Burning Her Alive
Published 1, January 12, 2012 Criminal law , Environment , Military 12 Comments
Various groups have accused loggers in Brazil of a heinous and unspeakable crime: capturing an eight-year-old girl from one of the Amazon’s last uncontacted tribes and burning her alive as a warning to leave the mineral-rich area. Both a tribal chief and a Catholic group have come forward to confirm the story, which is still being investigated.
Seal Accidentally Kills Himself In Showing Date His Guns
Published 1, January 9, 2012 Bizarre , Criminal law , Military 37 Comments
We have yet another tragic case of an individual killed by fooling around with a loaded gun. In this case it was one of the most highly trained military service members, Navy Seal Petty Officer 3rd Class Gene “Geno” Clayont, Jr. Police report that Clayont returned from a bar with a woman and was showing her his guns when he placed a gun to his head that he thought was empty and pulled the trigger.
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New York Pastor Arrested For Robbery and Kidnapping At Buffalo Wings Restaurant
Published 1, January 9, 2012 Bizarre , Criminal law , Religion , Society 13 Comments
In Rochester, N.Y., pastor Anthony Lee Drumgoole, 23, has been laying his hands on more than the faithful. He is charged with a robbery at the Carolina Forest Buffalo Wild Wings and racked up additional charges of kidnapping and four counts of financial transaction card fraud. He was arrested at his church.
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Marine Biologist Faces 20 Years For Feeding Whales
Published 1, January 8, 2012 Animals , Bizarre , Courts , Criminal law , Things That Tick Me Off 32 CommentsBy Mark Esposito, Guest Blogger
Renowned marine biologist Nancy Black faces 20 years in prison and a half million dollars in fines for allegedly unlawfully feeding killer whales. And no,she didn’t feed them people. Apparently,Black, who’s been featured on PBS, Animal Planet, and National Geographic has been charged with running afoul of the Marine Mammal Protection Act. The charges stem from a 2005 research trip in which Black filmed a gray humpback whale and a pack of killer whales swimming nearby. She’s accused of feeding the killer whales and then altering a video of the “crime.” Here’s her lawyer’s account of the heinous attack on the environment.
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America’s Transcendent Issue
Published 1, January 7, 2012 Columns , Congress , Constitutional Law , Courts , Criminal law , Economics , International , Justice , Media , Military , Politics , Religion , Society , Supreme Court , Uncategorized 239 CommentsTags: America, congress, corruption, defense, democracy, economics, government, politics, prisons, religion, society
Submitted by: Mike Spindell, guest blogger
When you contemplate all of the problems that beset us in this election year it is hard not to feel daunted by the task of finding solutions. Many millions of American’s are without jobs, with the prospect of future employment seeming illusory. The top 1% of the American population controls vast amounts of the country’s wealth. http://www.businessinsider.com/15-charts-about-wealth-and-inequality-in-america-2010-4?op=1 Wages of average Americans have stagnated for the past 40 years to such an extent that our middle class is shrinking rapidly. The housing boom of years past has become a bust of monumental proportions and foreclosures are destroying formerly viable neighborhoods. Our once barely adequate “safety net” has been shredded and there are attempts to destroy both Social Security and Medicare as we know it. Despite a weak attempt at Medical reform millions of Americans find health care unaffordable, with many dying and others forced into bankruptcy to stay alive. Due to lack of money America’s once magnificent infrastructure is rotting and solutions are not on the horizon.
The collapse and bailout of our banking industry has cost us trillions and appears to have been brought about by fraudulent practices on the part of the industry, yet no one has been indicted. In fact the remuneration of top executives in this duplicitous industry has actually increased. Efforts to impose stiff controls ensuring that these artificial crises don’t happen again and that these huge financial entities do business ethically, have failed to pass the Congress. We see that the fallout from the American banking crisis has undercut the world’s economy and that economic crises in other industrialized nations appear regularly. Please notice I’m only referring to the economic problems we face and only producing a partial list of those economic problems.
We have seemingly come to the conclusion of an unnecessary war in Iraq, where trillions were spent and perhaps a million were killed, yet the withdrawal of troops is to bases that surround Iraq. We are leaving about 40,000 Americans in country, many as mercenaries (contractors is a euphemism) as we support the largest diplomatic infrastructure in any foreign nation. The war in Afghanistan still rages in a land that has never been significantly shaped by any outside empire, this despite the killing of Osama Bin Laden and the virtual destruction of Al Qaeda. Hundreds of billions are being spent and the lives of our troops are put in danger, in an exercise with little hope of success. Billions are going towards building Afghanistan’s infrastructure as ours is falling apart. Yet these instances fail to raise the broad spectrum of the military/foreign policy problems continuing to plague us. These issues include a military budget that far greater than that of all other nations. http://en.wikipedia.org/wiki/List_of_countries_by_military_expenditures
However, these three paragraphs still do not encompass the broad range of problems we Americans face. There is more to be touched on before we come to the conclusion that I’ve reached, that there is one problem that not only transcends all of these, but its need for immediate solution supersedes any of the others in importance. Continue reading ‘America’s Transcendent Issue’
Oklahoma Mother Calls Dispatch For Approval Before Shooting Intruder — Accomplice Then Charged With Murder
Published 1, January 6, 2012 Criminal law , Society 30 Comments
There is an interesting case out of Blanchard, Oklahoma involving the “Make My Day” or “Castle doctrine” laws, a subject that we have repeatedly discussed over the years. In this case, Sarah McKinley, 18, asked a dispatcher on New Year’s Eve over the phone whether she could shoot an intruder in her home. The dispatcher told her that she should do what she needed to do. She did. Justin Shane Martin, 24, was shot did and his alleged accomplice will be charged in his death.
Continue reading ‘Oklahoma Mother Calls Dispatch For Approval Before Shooting Intruder — Accomplice Then Charged With Murder’
Court Orders Arrest of Lawyer After Judge Called “Catholic Knight Witch Hunter” in Bizarre Filings
Published 1, January 6, 2012 Bizarre , Courts , Criminal law , Lawyering , Religion , Society 24 Comments
A bankruptcy case in Minneapolis has produced some unexpected fireworks after U.S. Bankruptcy Judge Nancy Dreher ordered the arrest of an attorney who filed a bizarre litany of anti-Catholic remarks in a filing. Dreher ordered the arrest of lawyer Naomi Isaacson (left), who is president of a group known as the Dr. R.C. Samanta Roy Institute of Science and Technology Inc.
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Turley Blog Hits 10 Million Viewers
Published 1, January 5, 2012 Academics , Animals , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Economics , Environment , Free Speech , International , Justice , Lawyering , Media , Military , Politics , Religion 20 Comments
Last night, we received word of two considerable accomplishments. First, we won the ABA Journal’s selection as the top opinion blog. Second, we hit our 10 millionth viewer on the blog. We are routinely ranked as one of the most visited legal blogs by AVVO. As our viewership has grown in only a few short years, we have reached a wider and wider international audience.
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TURLEY BLOG PICKED AS TOP OPINION LEGAL BLOG IN 2011
Published 1, January 5, 2012 Academics , Animals , Bizarre , Congress , Constitutional Law , Courts , Criminal law , Economics , Environment , Free Speech , International , Justice , Lawyering , Media , Military , Politics , Religion , Science , Society , Supreme Court , Torts 27 Comments
Last night the editors of the ABA Journal informed us that we have voted the top opinion blog of 2011 in the ABA Journal competition. It is our second such top award in the annual competition and it is an honor shared equally by all of our contributors and readers.
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Chinese Official Arrested In Suspected Murder Of Tycoon By Poisoning His Cat Stew
Published 1, January 4, 2012 Animals , Bizarre , Criminal law , International , Media 12 Comments
This story has it all from culinary, cultural, legal and political angles. Chinese police have arrested a local Communist party official from Guangdong for poisoning the boiled cat stew of a billionaire, Long Liyuan, 49. The accused, Huang Guang, is deputy director of agriculture in Guangdong’s Bajia township and was in a business dispute with Long.
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Video: Man Attacks Baltimore Officer During Arrest Of Another Man
Published 1, January 4, 2012 Bizarre , Criminal law , Society 28 CommentsThis video shows why officers often try to keep people at a distance during arrests. This man calmly walks up and attacks an officer who is trying to arrest another man.
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Saudi Morality Police Set To Crackdown On Lingerie Stores and Bette Davis Eyes
Published 1, January 4, 2012 Bizarre , Criminal law , Politics , Religion , Society 25 Comments
We previously discussed how the Saudi government has ordered that men can no longer work in women’s lingerie or cosmetic departments or stores. Such work is viewed as an insult to Islam and, on Thursday, the infamous Commission for the Promotion of Virtue and the Prevention of Vice (Haia) will be sweeping through stores looking for any male workers. The religious police also recently announced that they will be cracking down on women with “sexy eyes.” So covering up in a burka is not enough if you have Bette Davis eyes. Sheikh Motlab al Nabet, spokesman of Saudi Arabia’s religious police, declared that “[t]he men of the committee will interfere to force women to cover their eyes, especially the tempting ones.”
Continue reading ‘Saudi Morality Police Set To Crackdown On Lingerie Stores and Bette Davis Eyes’
Massachusetts Police Nab Five-Year-Old Fugitive Bibliophile
Published 1, January 3, 2012 Bizarre , Criminal law 27 Comments
Charlton (Mass.) police have finally tracked down Hailey Benoit after months of fugitive hiding. This week the five-year-old went to the door and found justice waiting in the form of a police sergeant demanding to know where are the two library books that have been overdue for two months. I expect the prosecutor will take the next natural step and throw the book at her.
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Florida Child Left In Critical Condition From Bullet Fired Miles Away To Celebrate The New Year
Published 1, January 3, 2012 Bizarre , Criminal law 13 Comments
We have yet another child injured by one of the certifiable morons who shoot their guns in the air as a form of celebration. Diego Duran, 12, was outside on New Year’s Eve when a bullet fired miles away entered his brain.
Continue reading ‘Florida Child Left In Critical Condition From Bullet Fired Miles Away To Celebrate The New Year’
Human Sacrifice in India Claims Seven-Year-Old Victim
Published 1, January 2, 2012 Criminal law , International , Religion , Society 20 Comments
India is facing yet another case of human sacrifice. Lalita Tati, 7, became the latest victim of tribal sacrifice — murdered in order to offer up her liver to the gods to improve crop growth.
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The Day Happy Died: New Year To Bring End To Happy Hours In Utah
Published 1, December 30, 2011 Constitutional Law , Criminal law , Free Speech , Politics , Religion , Society , Uncategorized 31 Comments
The New Year brings a host of new laws that kick in on the first. For citizens in Utah, the New Year will bring an end to Happy Hours. That’s right, the heavily Mormon state has continued its harassment of citizens who drink and outlawed “drink specials.”
Continue reading ‘The Day Happy Died: New Year To Bring End To Happy Hours In Utah’
Pakistani Police Arrest Christian For Blasphemy in Church on Christmas
Published 1, December 29, 2011 Constitutional Law , Criminal law , Free Speech , International , Politics , Religion , Society 11 CommentsIn Lahore, Pakistan, police arrested Amanat Masih while he was in church on Christmas day. Masih, 50, was arrested for blasphemy — the second such arrest based on what he insists are trumped up charges by one man. He was previously sent to jail for more than three years for blaspheming Islam.
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When Monks Attack: Orthodox Priests Go Medieval At Church of the Nativity
Published 1, December 29, 2011 Bizarre , Criminal law , International , Religion , Society 20 Comments
We have previously seen fights between monks at Jerusalem’s Church of the Holy Sepulchre. The video below, however, shows monks going Medieval at Bethlehem’s Church of the Nativity — taking brooms and sticks to each other in the ongoing dispute of who has rights to the holy ground. The response of the Palestinian police chief is rather interesting.
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Connecticut Man Accuses Police Of Raiding His Apartment, Punching and Stomping Him, and Then Trashing His Apartment . . . Without Finding Any Drugs
Published 1, December 28, 2011 Constitutional Law , Criminal law 34 Comments
The New Haven Independent has published some disturbing pictures of Tomas Torres who says that police raided his apartment looking for drugs and immediately punched him in the face, stomped on his head, and then laughed at him as they tore apart his apartment. They found no drugs and charged him with no crimes. He was left with bruises and an apartment that was completely trashed.
Continue reading ‘Connecticut Man Accuses Police Of Raiding His Apartment, Punching and Stomping Him, and Then Trashing His Apartment . . . Without Finding Any Drugs’
Just Two Days Left In The ABA Competition: We Need Your Vote!
Published 1, December 28, 2011 Academics , Animals , Bizarre , Congress , Constitutional Law , Courts , Criminal law , Economics , Environment , Free Speech , International , Justice , Lawyering , Media , Military , Politics , Religion , Science , Society 18 CommentsJust as Henry V rallied the thin, tired troops on the eve of the Battle of Agincourt, it is time to make that final call for votes in this year’s competition for the top opinion blog by the American Bar Association. There are now just two days left and, while we have pulled ahead in the last week, the contest remains very close with one of the top five largest legal blogs. If you like our blog, it is time to pony up and vote.
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North Carolina Police Reportedly Arrest Woman Who Refuses To Turn Over Cellphone After Filming Alleged Abuse
Published 1, December 27, 2011 Constitutional Law , Criminal law , Free Speech , Media 26 Comments
In Jacksonville, police are being accused of arresting and beating the wrong man in response to a report of a fight on Christmas Eve. They then arrested family members who say that were just trying to stop police from beating their relative. Daisy Besancourt, 57, was charged with failure to disperse on command, after she reportedly filmed the police and refused to turn off her phone.
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Merry Christmas To All
Published 1, December 25, 2011 Academics , Animals , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Economics , Environment , Politics , Religion , Science , Society , Supreme Court , Torts 32 Comments
Best wishes to everyone celebrating Christmas and Hanukkah. Continue reading ‘Merry Christmas To All’
The Real Insurance Frauds
Published 1, December 24, 2011 Columns , Congress , Courts , Criminal law , Economics , Justice , Lawyering , Media , Politics , Society , Uncategorized 29 CommentsSubmitted by: Mike Spindell, guest blogger
It’s Christmastime again and since my childhood, long ago, the Frank Capra film “It’s A Wonderful Life” has been shown time and again in this season, providing a message of redemption, hope and joy that we associate with this time of year. You all know the plot about selfless George Bailey (James Stewart) a man who has sacrificed his dreams for others and because of his selflessness winds up running the Bailey Building and Loan Association, of Bedford Falls, NY. Because of George this institution has provided home loans for the poor of this rural community and serves as its bank. With the Company on the verge of bankruptcy, through duplicity, George is on the verge of suicide distraught over the losses to those he loves and worried by needs of the average people of his town. You all know this plot and if you don’t its summary is here. http://en.wikipedia.org/wiki/It%27s_a_Wonderful_Life#Plot . I must warn you, perhaps it’s the time of year but I choked up reading the plot, yet again, as I do every time I see this beloved movie.
This introduction has not been made because I’m about to write about banks, or the depredations of the banking industry. Others here and our host have already written extensively on the predatory nature of the banking industry and the harm it has caused to our country. My point of this opening is that we have all grown up with certain mythologies about businesses that provide financial services to the public. This film has had a place in defining that American mythology, in this instance about a bank of sorts, whose leader believes in aiding the community first and profits second. Myths shape our thinking and from my youth I still remember the ad slogan “You have a friend at Chase Manhattan”.
We’ve discovered that banks are anything but our friends. Their bottom line has surpassed service to the point that each customer is looked at as a “cash cow”, to be plundered incessantly with usurious interest and fees for what should be free services. But what about “You’re in Good Hands with Allstate”, “Nationwide Is On Your Side”, or “Like A Good Neighbor State Farm is There”? Surely the Insurance industry supplies the safety net we want for our homes and cars. Do they? Last week I was sent an article by the Independent Claims Adjuster handling my interminable case for mold damage to my home. He’s helping greatly so this isn’t about me, but the article he sent certainly puts into context all the delays in the process and how property insurance companies are maximizing their profits at the expense of their customers. Continue reading ‘The Real Insurance Frauds’
Facebook Felon: California Man Arrested After Apologizing For Death of Pregnant Girlfriend and Baby On Facebook
Published 1, December 23, 2011 Bizarre , Criminal law 6 Comments
Yesterday, we discussed the latest example of a man arrested after posting an incriminating picture on Facebook. He is now joined on this list of alleged Facebook felons by Willie Davis Hines Jr., 23, of San Bernardino County. He was arrested after publishing an account of his beating his pregnant girlfriend, who later died.
Facebook Felon: Chicago Man Charges After Posting Picture of Bound Child
Published 1, December 22, 2011 Bizarre , Criminal law , Media , Society 31 Comments
We have previously seen the trend of people who post on sites like Facebook and then find the postings used as evidence against them. The latest is Andre Curry, 21, who was charged Tuesday with aggravated domestic battery after he posted a photo of his 1-year-old daughter bound in duct tape on Facebook.
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California Highway Officer Allegedly Speeds Through Intersection Without Lights, And Kills Two Pedestrians . . . Police Later Arrest Four Relatives Of The Victims
Published 1, December 22, 2011 Criminal law , Society , Torts 38 Comments
We have previously written (here and here and here and here) about unnecessary fatalities produced by high-speed chases by police officers — an on-going controversy over the justification for such chases. The latest such controversy occurred in California where Deputy John Swearengin drove through an intersection without his lights on and hit and killed Daniel Hiler, 24, and Chrystal Clevenger, 30. They were pushing a small motorbike across the interaction when hit by Swearengin. He was responding to a call about a stolen vehicle. The police ended up arresting relatives of the deceased who were outraged by the accident.
The Turley Blog Needs Your Vote! The ABA Competition Is Down To The Wire For Top Opinion Blog
Published 1, December 21, 2011 Academics , Courts , Criminal law , Economics , Environment , Free Speech , International , Justice , Lawyering , Media , Military , Politics , Religion , Science , Society , Supreme Court , Torts 54 CommentsThis year’s competition for the top opinion blog by the American Bar Association has become an intense race between our blog and one of the largest conservative legal blogs, Volokh Conspiracy. Even though VC is one of the largest blogs in the country, we are only a couple of dozen votes away with voting closing on December 31st. We need every vote so please spread the word to civil libertarians and others that we need their support to pull off the ultimate David and Goliath victory.
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Judge and Former Prosecutor of the Year Accused Of Withholding Evidence That Sent Innocent Man To Jail For 25 Years
Published 1, December 21, 2011 Constitutional Law , Courts , Criminal law , Lawyering 44 CommentsMichael Morton, 57, spent nearly 25 years in prison for murdering his wife before he was able to force Texas authorities to finally test DNA evidence that proved his innocence. Now he is demanding that the prosecutor be held accountable for withholding evidence. The problem is that the then-Williamson County District Attorney Ken Anderson, now a district judge in Georgetown (left).
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Ohio Man Shoots Gun In Air . . . Kills Amish Girl Over A Mile Away
Published 1, December 21, 2011 Criminal law , Society , Torts 48 Comments
An unnamed Ohio man was cleaning his muzzle-loading rifle and decided to fire one round in the air. The round traveled over one mile and reportedly killed Rachel Yoder, 18, an Amish girl driving her horse-drawn buggy home after a Christmas party.
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Man Dies After Eating Cocaine From Brother’s Derrière
Published 1, December 21, 2011 Bizarre , Criminal law 18 Comments
Deangelo Mitchell (right) is looking at a rather novel charge after he allegedly convinced his brother Wayne (left) to eat the one ounce of cocaine he had hidden in his rear end. Police say that Deangelo did not want the police to find the drugs after they took him into custody. Wayne died.
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A Dingo May Have Eaten Her Baby After All: Coroner Reopens Case of Famous Baby Murder Case
Published 1, December 19, 2011 Bizarre , Criminal law , International 8 Comments
“A dingo took my baby” stands as one of the most famous lines from any criminal case in history — made so by the movie “A Cry in the Dark” starring Meryl Streep. Now, a coroner in Australia has reopened the case after a couple of proven dingo attacks on children.
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Light Saber Versus Taser- And The Winner Is …
Published 1, December 18, 2011 Bizarre , Criminal law , Society 10 CommentsSubmitted by Mark Esposito, Guest Blogger
A man in Portland, Oregon, may hold the answer to indiscriminate use of Tasers by police in his hands. Seems the 33-year-old was shopping at Toys-R-Us, when he seized a toy light saber and began swinging the “weapon” at shoppers and mumbling incoherent statements. Police responded and the man met them in the parking lot seised for battle. A few swings later and the police whipped out their Tasers. Simultaneously, feeling and then opposing “The Force,” our Skywalker wannabe apparently mentally disabled the first taser when it failed to work. He then manually disabled the second with a well-placed blow of the plastic sabre breaking one of its wires. Sheer numbers ultimately led to the man’s capture. None of the shoppers in Toys-R-Us were harmed in the making of this episode. The cosmic lesson seems to be that if you’re anticipating an encounter with Taser-wielding police, arm yourself with 1977 toys and sally forth!
Source: Yahoo News
~Mark Esposito, Guest Blogger
Border Patrol: It’s A Crime To Give A Ride To An Illegal Alien
Published 1, December 18, 2011 Courts , Criminal law 18 Comments-Submitted by David Drumm (Nal), Guest Blogger
Maclovio Bautista, a legal resident of Washington state and the U.S. for more than twenty years, is under threat of deportation because he was caught giving a ride to an illegal alien. While on their way to see a mechanic, they were pulled over by a Border Patrol agent. Bautista’s companion fled only to be apprehended later. Bautista was held for three days at the Northwest Detention Center in Tacoma.
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