Archive for the ‘Lawyering’ Category

635578853473699456-1410369764000-Bill-EzzellFormer 8th Circuit Assistant State Attorney William Ezzell, 37, was charged Friday with video voyeurism for allegedly using a cellphone to record a woman in her underwear at a Gainesville tanning salon. The bizarre case could end a career that included some notable cases for Ezzell as a prosecutor.

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170px-Referees135px-Seattle_Seahawks_helmet_2012If the Seattle Seahawks are known for their aggressive offensive line, their players are nothing when compared to the aggression of their lawyers. Outdoing even the brutish NFL lawyers who claim copyright to terms like “Super Bowl,” the team has filed two dozen trademark applications in a little over a year to claim ownership to such terms as “boom” and “Go Hawks.” The team is also claiming ownership to the number 12 in a font like the one used by the team. It had to settle a prior lawsuit over its use of “The 12th Man” phrase (referring to the fans) — a phrase claimed by Texas A & M where it was forced to pay a licensing fee for the limited use of this common term. Now it is trying to the do the same in claiming parts of the English language as owned by the team (I am waiting for the Patriots to trademark “Deflate-gate”). It is all perfectly bizarre but Congress has done little to stop the frenzy to claim common terms and phrases. Too bad there is not anyone willing to throw a flag for encroachment to protect citizens.
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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

It is unfortunately not surprising that anything that the CIA does should be considered suspect.  When the CIA recently came under fire for allegedly spying on Senate computers, no one, except the Senators who were spied on were surprised.  Now that Director John Brennan has completed his internal “investigation” into the matter, the truth has come out.  John Brennan says he and the CIA did nothing wrong! (more…)

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b4s_Myersmug011815_14517843_8colb1s_MyersJailMug011815_14518018_8colHillsborough County (Fl.) Judge Eric Myers is now on the other side of the bench after an arrest for alleged domestic violence and an order to stay away from his wife and daughter. The arrest occurred on Saturday morning and Myers’ wife, Shirley Sanchez-Myers, 40, petitioned the court for protection over the weekend. She says that the judge beat her as their young daughter pleaded “Daddy stop hitting mommy.” Myers is the former head prosecutor overseeing drug cases in the county.

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YouTube Screenshot

YouTube Screenshot

I have previously written about how some attorneys continue to ignore bar standards encouraging firms to show basic professionalism and decorum in advertising. While we all agree that there is a free speech right to advertise, the vast majority of lawyers show great restraint in deference to the standards of our profession. Then there are people like Michael A. Fiumara. Fiumara of Santa Rosa has posted a juvenile advertisement featuring a sexually suggestive doll in his effort to win the race to the bottom among low-grade lawyers.

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BEARDS-web-master180Supreme CourtA unanimous Supreme Court ruled Tuesday that a Muslim prison inmate in Arkansas, Gregory H. Holt (also known as Abdul Maalik Muhammad), can grow a short beard for religious reasons. The case is The case is Holt v. Hobbs, 13-6827. It represents a trifecta loss. The federal magistrate (Joe J. Volpe), the district court judge (Brian S. Miller), and the United States Court of Appeals for the Eighth Circuit (Judges Bye, Arnold, and Shepherd) all ruled against Holt only to see a unanimous Supreme Court reject their reasoning. Justices Ginsburg and Sotomayor both wrote concurring opinions.

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Tamir_Rice_family_photo

Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

It is always tragic when anyone is killed.  It doesn’t matter if it is accidental or intentional.  The tragedy of someone dying is universal.  However, when the person killed by a Cleveland Police Officer is a 12-year-old, tragic just doesn’t seem to describe it correctly.  You will probably recall the recent case out of Cleveland, Ohio where 12-year-old Tamir Rice was killed by Officer Timothy Loehmann.

Tamir Rice was shot while playing in a Cleveland park.  A citizen called 911 and suggested that a juvenile was pointing a gun, which was probably a toy, at people in the park.  When Officer Loehmann and his partner answered the call they saw Tamir playing on a swing with the “weapon” in the waistband of his pants.  Released videos suggested that Officer Loehmann fired at Tamir within 1-2 seconds of arriving at the park. That same video evidence also shows police throwing Tamir’s 14-year-old sister to the ground and handcuffing her.

When I first heard about the November 22nd, 2014 incident, I was shocked that a 12 year could be gun downed by a police officer.  Even the recent stories about the police killing suspects in New Mexico, Missouri, New York City, to name a few, did not prepare me for this killing.  Tamir was a 12-year-old child.

When the videos came out and when the truth about Officer Loehmann surfaced, I realized that Officer Loehmann was unfit for duty as a police officer anywhere and the Cleveland Police Department was negligent in hiring an unstable young man to patrol its streets.  The decision to hire Officer Loehmann initiated the sad outcome in November. (more…)

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