Michael Sampson, 41, succeeded in turning a minor driving with a suspended license into a charge of threatening a judge and intimidating a witness — all without uttering a word.
Continue reading ‘Motion to the Court: Kansas Man Charged With Threatening Judge and Witness’
Archive for the 'Lawyering' Category
Motion to the Court: Kansas Man Charged With Threatening Judge and Witness
Published 1, November 24, 2009 Bizarre , Courts , Criminal law , Lawyering , Society 8 CommentsFuneral Director and Missouri Politician Pleads Guilty to Mishandling of Corpses
Published 1, November 21, 2009 Bizarre , Criminal law , Lawyering , Politics , Society 16 Comments
Harold Warren Sr., 77, a Missouri funeral home director has pleaded guilty to intentionally giving three families the wrong cremated remains. This includes leaving a woman’s body in an electrical room for 10 months without embalming or refrigeration. What is interesting is that Circuit Judge Gary Oxenhandler indicated that he might not honor the plea bargain for no jail time for Warren, who is a prominent political figure in the area. There are questions of whether the prosecutors cut Warren a remarkably light deal due to his political connections and standing in the community.
Continue reading ‘Funeral Director and Missouri Politician Pleads Guilty to Mishandling of Corpses’
Court: Paranoid Schizophrenic with IQ of 61 and Manic Depression is Eligible for Execution
Published 1, November 20, 2009 Bizarre , Courts , Criminal law , Lawyering , Media , Politics , Society 14 Comments
Donald Giles would appear to have the trifecta of mental incompetence arguments against execution. He is a paranoid schizophrenic with an IQ of 61 and a history of suicide attempts and depression. However, Jefferson County Circuit Judge Martin McDonald has ruled that Giles, 41, may be put to death if the jury so rules in his trial for the 2003 murder and robbery of Charles Goodlett.
Continue reading ‘Court: Paranoid Schizophrenic with IQ of 61 and Manic Depression is Eligible for Execution’
Court Rules Against Arizona Deputy on Swiping Lawyer’s Note — Arpaio To Defy Court
Published 1, November 19, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Lawyering , Politics , Society 28 CommentsThere has been a ruling in the Arizona case where an officer, Officer Adam Stoddard with the Maricopa County Sheriff’s Office is clearly shown on this videotape reading and then swiping the confidential papers of defense attorney Joanne Cuccia in court. Maricopa County Superior Court Judge Gary Donahoe found against Stoddard and ordered him to either apologize or report to jail — a remarkably light sentence. However, his boss is Sheriff Joe Arpaio who has said that his officer will defy the order.
Continue reading ‘Court Rules Against Arizona Deputy on Swiping Lawyer’s Note — Arpaio To Defy Court’
Detective Offers Conflicting Testimony in World Bank Case
Published 1, November 18, 2009 Constitutional Law , Courts , Criminal law , Lawyering , Politics , Society 8 Comments
This afternoon, the Plaintiffs in the World Bank/IMF protest case filed a notice with the Court of the receipt of an affidavit in the case from a police detective, who contradicts the sworn testimony of former D.C. (and current Philadelphia) Police Chief Charles Ramsey. As lead counsel in one of the two cases (with my colleague Daniel Schwartz of Bryan Cave), I am limited in what I can say on the case. However, to reduce calls to my office, I am posting the filing below.
Continue reading ‘Detective Offers Conflicting Testimony in World Bank Case’
Shaming Undermines Justice
Published 1, November 17, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society , Torts , USA Today 21 Comments
Here is today’s column in USA Today on the continuing trend toward shaming or creative punishments.
Continue reading ‘Shaming Undermines Justice’
“Religious Convictions”: When Children Die, Religion Is No Defense
Published 1, November 15, 2009 Bizarre , Columns , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Media , Politics , Religion , Society , Supreme Court , Torts 17 Comments
Here is today’s column from the Washington Post on the benefits of a new type of “good-faith” defense. While “religious convictions” are usually a reference to personal faith, it turns out that it has a distinct and disturbing meaning for criminal sentencing.
Continue reading ‘“Religious Convictions”: When Children Die, Religion Is No Defense’
The Lawyers Who Say Meep! High School Calls Police After Attorney Says Meep to Principal
Published 1, November 14, 2009 Academics , Bizarre , Criminal law , Lawyering , Politics , Society 89 Comments
First there were the Knights Who Say Ni! (below). Now we have the problem of the lawyers who say Meep! After reading the recent publications over the decision of the principal of Danvers High School banning students from saying the word “Meep,” Entertainment lawyer Theodora Michaels decided to act and wrote a letter using the four-letter word to Principal Thomas Murray, who comes across as a high school version of Dean Vernon Wormer from Animal House. She was immediately reported to the police for investigation by the school.
Continue reading ‘The Lawyers Who Say Meep! High School Calls Police After Attorney Says Meep to Principal’
Bear Necessities of Law: Man Acquitted of Disturbing Bears in San Francisco Zoo
Published 1, November 5, 2009 Bizarre , Courts , Criminal law , Environment , Lawyering , Society , Torts 27 Comments
Kenneth Herron may have picked the wrong cage but apparently the right counsel. Herron was acquitted of “disturbing dangerous animals” on a novel defense by deputy public defender James Conger. Conger argued that the bears were actually not that disturbed when Herron came into their cage after the San Francisco Zoo closed.
Continue reading ‘Bear Necessities of Law: Man Acquitted of Disturbing Bears in San Francisco Zoo’
Video: Arizona Officer Swipes Document From Defense File Behind the Back of Defense Counsel in Courtroom
Published 1, November 4, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Lawyering , Society 27 CommentsThis is one of the most incredible videos that I have seen. In the video above, Officer Adam Stoddard with the Maricopa County Sheriff’s Office is clearly shown reading confidential papers of defense attorney Joanne Cuccia while she is addressing the court on behalf of jail inmate Antonio Lozano (accused of fighting with another inmate). He then pulls a sheet from the file on the defense table and gives it to another deputy to be copied.
Continue reading ‘Video: Arizona Officer Swipes Document From Defense File Behind the Back of Defense Counsel in Courtroom’
HAPPY HALLOWEEN!!! THE 2009 LIST OF SPOOKY TORTS AND SCARY CRIMES
Published 1, October 31, 2009 Bizarre , Criminal law , Lawyering , Society , Torts 27 Comments
Halloween is the favorite holiday for all torts professors and personal injury lawyers. (Indeed, I am convinced it was invented by a personal injury lawyer). Common carrier hay rides, lighting vegetables on fire, handing out foodstuffs without a permit . . . It’s the most litigious day of the year. So, with no further ado, here is this year’s annual Spooky Torts and Crimes list of actual cases from Halloween. Happy Halloween everyone (except those avoiding the holiday due to demon-inspired soul-sucking candy or papal prohibitions).
Continue reading ‘HAPPY HALLOWEEN!!! THE 2009 LIST OF SPOOKY TORTS AND SCARY CRIMES’
Eight Years For Al-Marri: Sleeper Agent Given Low Sentence by Judge Outraged by Abuses of the United States
Published 1, October 30, 2009 Bizarre , Congress , Constitutional Law , Courts , Criminal law , International , Lawyering , Military , Politics , Society 11 Comments
In a potentially important ruling for detainees held by the United States, Illinois U.S. District Judge Michael Mihm rejected prosecution demands and sentenced Qatar native Ali al-Marri to just eight years in jail — with a possible release in less than six years. The reduction from 15 years was expressly tied to the abusive conditions and treatment of al-Marri by the United States while held as an enemy combatant in South Carolina.
Continue reading ‘Eight Years For Al-Marri: Sleeper Agent Given Low Sentence by Judge Outraged by Abuses of the United States’
Prosecutor Found in South Carolina Cemetery with Teenaged Stripper
Published 1, October 30, 2009 Bizarre , Criminal law , Lawyering , Society 11 Comments
South Carolina appears to have finally moved beyond the Sanford affair. Deputy assistant attorney general Roland Corning, 66, has been fired after he was stopped in his SUV by police during his lunch break. The problem was that he was found with a stripper, Viagra, and sex toys in a cemetery.
Continue reading ‘Prosecutor Found in South Carolina Cemetery with Teenaged Stripper’
La Livas Loca: Judge Accepts Jerk Chicken in Lieu of Community Service
Published 1, October 29, 2009 Bizarre , Courts , Criminal law , Lawyering , Society 9 Comments
Associate Judge Robert Livas may be put on a vegan diet. The former prosecutor and former police officer is in hot water over a curious order that he placed for Jamaican-style chicken as part of a plea agreement with Darrius Logan. Logan, 24, pleaded guilty to misdemeanor battery and criminal trespass charges and was sentenced to 100 hours community service. Then things got funky . . . Jamaican-chicken funky . . .
Continue reading ‘La Livas Loca: Judge Accepts Jerk Chicken in Lieu of Community Service’
Ponzi Pampers: Lawyer Accused of Pyramid Scheme Involving Adoptions
Published 1, October 29, 2009 Bizarre , Criminal law , Lawyering , Society 8 Comments
With Bernie Madoff and other crooks, we have become used to Ponzi schemes. However, lawyer Kevin Cohen of Roslyn, New York is accused of a rather unique variation on this criminal theme: a baby Ponzi scheme.
Continue reading ‘Ponzi Pampers: Lawyer Accused of Pyramid Scheme Involving Adoptions’
Judge Herman Thomas Acquitted
Published 1, October 27, 2009 Bizarre , Courts , Criminal law , Lawyering 46 Comments
In a surprise verdict, a jury acquitted former judge Herman Thomas of sexual abuse, attempted sodomy, and assault related to allegations that he brought inmates to his chambers for sex and spankings. The judge insisted that he brought the men to his office to “mentor” them, but prosecutors put forward evidence of semen on the carpet and testimony of numerous former inmates that they had sex with him or allowed him to spank them for lenient treatment.
Continue reading ‘Judge Herman Thomas Acquitted’
Shooting the Messenger: Prosecutors Subpoena Grades and Emails of Students of Innocence Project
Published 1, October 26, 2009 Bizarre , Congress , Constitutional Law , Courts , Criminal law , Lawyering , Media , Politics , Society , Supreme Court 31 Comments
There is an incredible story out of Chicago and my alma mater Northwestern University. The Cook County District Attorney has issued a sweeping subpoena to the Innocence Project at the acclaimed Medill School of Journalism — demanding such things as the grades and emails of students who worked on an investigation of the case of Anthony McKinney. The students found compelling evidence of innocence and the prosecutors are now pounding them with demands for personal information and communications. I just completed doing NPR’s Talk of the Nation on the case with Professor Barry Scheck.
Continue reading ‘Shooting the Messenger: Prosecutors Subpoena Grades and Emails of Students of Innocence Project’
Twelve Ambivalent Men: Washington Jury Polled After Not Guilty Verdict Only To Be Sent Back and Then Reaches Guilty Verdict
Published 1, October 26, 2009 Bizarre , Criminal law , Lawyering , Society 125 Comments
Patricia Sylvester may have learned the ultimate lesson of “never ask a question in trial that you do not know the answer to.” Sylvester, 49, was overjoyed when a jury came back with a “not guilty” to vehicular assault in Island County Superior Court in Washington. While she cried with joy, Judge Alan Hancock polled the jury only to have one woman say that she didn’t agree with the “not guilty” verdict. He sent the jury back to voted again. By the time they had returned, they had convicted Sylvester.
Continue reading ‘Twelve Ambivalent Men: Washington Jury Polled After Not Guilty Verdict Only To Be Sent Back and Then Reaches Guilty Verdict’
Saudi Journalist To Be Flogged for Airing Interview Involving Sexual Boasts
Published 1, October 25, 2009 Bizarre , Constitutional Law , Criminal law , International , Lawyering , Media , Politics , Religion , Society 5 Comments
In an attack both on free speech and the free press, Saudia Arabia has ordered a female journalist to be flogged 60 times for airing an interview with a man who bragged about his sex life. Rosanna Al-Yami was also given a two-year travel ban for her role in the episode of “A Thick Red Line,” a popular show on social taboos.
Continue reading ‘Saudi Journalist To Be Flogged for Airing Interview Involving Sexual Boasts’
Victim in Notorious Rape Case Recants Her Story
Published 1, October 23, 2009 Bizarre , Criminal law , Lawyering , Media , Society 19 Comments
The woman at the center of one of the most shocking rape cases of the last decade has recanted her story. Megan Williams has now admitted that she made up the story of being raped and abused in a trailer in West Virginia in 2007 that sent six people to prison. However, various leaders who protested the case at the time are now calling her a liar in her recantation.
Continue reading ‘Victim in Notorious Rape Case Recants Her Story’
Former New York Police Chief Bernard Kerik Jailed
Published 1, October 23, 2009 Bizarre , Criminal law , Lawyering , Media , Politics , Society 5 Comments
Former New York City Police Commissioner Bernard Kerik has been sent to jail to await his corruption trial next week. I am not sure which is worse, the jailing or the view of Judge Stephen Robinson of the defendant, who he described as “a toxic combination of self-minded focus and arrogance.” That is not a particularly promising start to a criminal trial.
Continue reading ‘Former New York Police Chief Bernard Kerik Jailed’
Appeal in Aisle 3: Albertsons Loses Bathroom Break Case
Published 1, October 23, 2009 Bizarre , Lawyering , Society , Torts 3 Comments
An unnamed Albertsons cashier has won an appeal in a disability case (and $200,000) where her store manager refused to allow her to take a bathroom break — leading to an embarrassing accident at the checkout counter. Once again, I wonder at the legal judgment in taking this case to adjudication and appeal.
Continue reading ‘Appeal in Aisle 3: Albertsons Loses Bathroom Break Case’
North Dakota Woman Arrested For Broadcasting Porn Near School
Published 1, October 22, 2009 Bizarre , Criminal law , Lawyering , Society 10 Comments
In light of our recent posting on the man arrested for making coffee in the nude in his own home, this case out of Grand Forks is interesting. Nicole Altendorf, 37, is accused of watching pornography in her own home but allowing the images and noises to be seen and heard from Lake Agassiz Elementary School.
Continue reading ‘North Dakota Woman Arrested For Broadcasting Porn Near School’
The Marquis de Sade Defense: Former Judge Claims To Have Been Schooling Inmates Allegedly Raped and Spanked in His Chambers
Published 1, October 22, 2009 Bizarre , Courts , Criminal law , Lawyering , Politics , Society 12 Comments
Former Mobile County Circuit Judge Herman is offering a defense in his criminal case that may strike some as more appropriate for the Marquis de Sade than an Alabama jurist. Accused of having inmates brought to his chamber for sex and spanking, Herman insists that he was trying to rehabilitate and educate the men.
Continue reading ‘The Marquis de Sade Defense: Former Judge Claims To Have Been Schooling Inmates Allegedly Raped and Spanked in His Chambers’
Israel To Seek Change in Law of War to Block War Crimes Investigation
Published 1, October 21, 2009 Bizarre , Criminal law , International , Justice , Lawyering , Media , Military , Politics , Society 12 Comments
Israel’s Prime Minister Benjamin Netanyahu seems to be morphing into George W. Bush. Faced with findings of a respected former war crimes prosecutor that Israel may have committed war crimes in its Gaza offensive, the prime minister instructed his government to seek changes to the international laws of war to retroactively justify any actions taken in Gaza.
Continue reading ‘Israel To Seek Change in Law of War to Block War Crimes Investigation’
Passing the Cups: California Pageant Seeks Reimbursement for Prejean’s Augmentation Surgery
Published 1, October 21, 2009 Bizarre , Lawyering , Society 28 Comments
Now, this is some pretty vicious litigation. Miss California USA officials want Carrie Prejean to give back the $5,200 that they say she borrowed to have her breasts augmented last year. Prejean is suing the pageant in a lawsuit that includes a privacy violation related to the disclosure of the augmentation.
Continue reading ‘Passing the Cups: California Pageant Seeks Reimbursement for Prejean’s Augmentation Surgery’
California Sex Crimes Prosecutor Accused of Raping Another Prosecutor
Published 1, October 21, 2009 Bizarre , Criminal law , Lawyering , Media , Society 11 Comments
Former Contra Costa County sex crimes prosecutor Michael Gressett has been accused of a sex crime in the raping of a colleague. The California lawyer is free on bail after being indicted on the charges, which he denies through counsel. While Deputy District Attorney, Gressett has run three times for district attorney.
Continue reading ‘California Sex Crimes Prosecutor Accused of Raping Another Prosecutor’
Suicidal Speech: Minnesota Case Raises Difficult Questions Over Assisted Suicide and Free Speech
Published 1, October 20, 2009 Bizarre , Constitutional Law , Courts , Criminal law , International , Lawyering , Media , Politics , Society 5 Comments
Prosecutors in Minneapolis have a fascinating case involving assisted suicide and free speech. Nurse William Melchert-Dinkel, 47, is accused of using Internet chat rooms to convince people to commit suicide, giving them step-by-step instructions on how to kill themselves — preferably so he could watch. At least two people are believed to have fed Melchert-Dinkel’s fetish with their deaths: Nadia Kajouji, 18, and Mark Drybrough, 32 (shown here).
Continue reading ‘Suicidal Speech: Minnesota Case Raises Difficult Questions Over Assisted Suicide and Free Speech’
Rights of the Rubenesque: London Considers Making Fatism a Form of Hate Speech
Published 1, October 19, 2009 Bizarre , Constitutional Law , Courts , International , Justice , Lawyering , Media , Politics , Society , Torts 17 Comments
Today’s column on blasphemy laws may be too narrow. In San Francisco and London, activists are demanding that denigrating someone as fat should be treated as a hate crime like race, age, or faith. “Fatism” is already banned in San Franscisco in housing and workplaces.
Continue reading ‘Rights of the Rubenesque: London Considers Making Fatism a Form of Hate Speech’
Polar Attraction: Sharpton Threatens Limbaugh With Lawsuit
Published 1, October 19, 2009 Bizarre , Lawyering , Media , Politics , Society , Torts 27 Comments
In American politics there are few more polarizing figures than Al Sharpton and Rush Limbaugh. Now, in what will be a spasmodic moment of euphoria for many, Sharpton and Limbaugh may be going to court with the former suing the latter for defamation. Putting aside the sheer joy of the moment for many, the case could present some interesting questions over whether Limbaugh defamed Sharpton in a Wall Street Journal Op-ed.
Continue reading ‘Polar Attraction: Sharpton Threatens Limbaugh With Lawsuit’
Just Say No To Blasphemy: U.S. Supports Egypt in Limiting Anti-Religious Speech
Published 1, October 19, 2009 Academics , Bizarre , Congress , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Media , Politics , Religion , Society , Supreme Court 47 Comments
Here is today’s column in USA Today on the Obama Administration’s decision to join the U.N. Human Rights Council and support Egypt in recognizing limits on free speech for those who insult or denigrate religion. While the exception was included in a resolution heralding free speech, it was viewed as a major victory for Muslim countries seeking to establish an international blasphemy law.
Continue reading ‘Just Say No To Blasphemy: U.S. Supports Egypt in Limiting Anti-Religious Speech’
Louisiana Justice of the Peace Refuses to Marry Interracial Couples
Published 1, October 16, 2009 Bizarre , Constitutional Law , Courts , Lawyering , Politics , Society , Torts 37 Comments
Keith Bardwell, justice of the peace in Tangipahoa Parish, Louisiana has become an infamous figure overnight after he refused to marry an interracial couple out of concern for their possible children. However, he helpfully explained “I’m not a racist. I just don’t believe in mixing the races that way.”
Continue reading ‘Louisiana Justice of the Peace Refuses to Marry Interracial Couples’
Obama Moves to Change Law to Avoid Supreme Court Ruling on Withheld Detainee Photos
Published 1, October 15, 2009 Bizarre , Congress , Constitutional Law , Courts , International , Justice , Lawyering , Media , Military , Politics , Religion , Society 30 Comments
President BarackN Obama, the world’s newest Nobel peace laureate, is again expanding on the policies of former President George Bush and fighting to conceal evidence of U.S. torture and abuse. As did the Bush Administration, the Obama Administration is seeking to change the law after courts rejected its absurd argument that the President can withhold photos of detainee abuse simply because they are embarrassing to the United States. Democrats in Congress are assisting in the effort to try to stop the Supreme Court from considering the issue by preempting the litigation.
The Wedding Crasher: Women Sues Bride’s Brother and Hyatt for Fall at Wedding
Published 1, October 14, 2009 Bizarre , Lawyering , Society , Torts 6 Comments
Thanks to one of my torts students, we have another interesting “dram shop” case. In New Jersey, Christine Mancision has filed a lawsuit after she was hurt by the drunken brother of the bride, Mary Graeber, at a wedding. James Graeber apparently is well named. He grabbed Mancision on the dance floor and ultimately knocked her down, causing her to break her wrist and requiring the insertion of a metal plate to reconstruct the wrist. However, she is not just suing Graeber but Hyatt Hotels Corp. for another $1 million in damages under New Jersey’s “dram shop” law.
Continue reading ‘The Wedding Crasher: Women Sues Bride’s Brother and Hyatt for Fall at Wedding’
Sotomayor Joins Conservative Colleagues Over Possible Constitutional Claims by Corporations in Class Action Cases
Published 1, October 13, 2009 Constitutional Law , Courts , Lawyering , Society , Supreme Court 6 Comments
In light of today’s column on cases testing Sotomayor’s views (and possible alliance with conservatives in key areas), this story may be of some interest. Sotomayor joined Chief Justice john G. Roberts, Jr. and Justice Anthony Kennedy in raising concerns over whether courts are violating the constitutional rights of corporations in class action cases.
Continue reading ‘Sotomayor Joins Conservative Colleagues Over Possible Constitutional Claims by Corporations in Class Action Cases’
Attorney Orly Taitz Fined $20,000 for Frivolous “Birther” Litigation
Published 1, October 13, 2009 Bizarre , Courts , Lawyering , Society 189 Comments
The bill is in for Orly Taitz, the California lawyer leading the “Birther” litigation: $20,000 for sanctionable conduct. U.S. District Court Judge Clay Land previously issued a stern warning to attorney Orly Taitz and others in the so-called “birther” campaign: do not file another such “frivolous” lawsuit or you will face sanctions. Land threw out the lawsuit filed on behalf of Capt. Connie Rhodes who is an Army surgeon challenging her deployment orders due to President Barack Obama’s alleged ineligibility to serve as President. Land (a Bush appointee) noted that “[u]nlike in ‘Alice in Wonderland,’ simply saying something is so does not make it so.” In the most recent order, Land said that Taitz’s conduct “borders on delusional.”
Continue reading ‘Attorney Orly Taitz Fined $20,000 for Frivolous “Birther” Litigation’
Murder, She Spoke: Court Overturns Convictions Due to Prosecutors Use of Defendant’s Nickname “Murder”
Published 1, October 13, 2009 Bizarre , Constitutional Law , Criminal law , Lawyering , Politics , Society 2 Comments
There is an important decision out of the United States Court of Appeals for the Second Circuit where the conviction of Laval Farmer was overturned due to the prosecutors’ repeated use of his nickname “murder.” After all, his nickname is not “Attempted Murder” Farmer, which is what he was tried for. My only regret is that he was not represented by Richard “Racehorse” Haynes so that the prosecutors could have told the jury not to let “a race horse clear murder.”
Continue reading ‘Murder, She Spoke: Court Overturns Convictions Due to Prosecutors Use of Defendant’s Nickname “Murder”’
National Treasure: Nicolas Cage Owes IRS Over $6 Million
Published 1, October 13, 2009 Bizarre , Criminal law , Lawyering , Media , Politics , Society 8 Comments
Nicolas Cage has been hit by a lien for over $6,257,005 in unpaid income tax for 2007. It is not known if the IRS has started digging near Mount Rushmore.
Continue reading ‘National Treasure: Nicolas Cage Owes IRS Over $6 Million’
The Pediatric Perry Mason: Illinois Attorney Nails 11-Year-Old Who Tried to Save Public Library Staff
Published 1, October 10, 2009 Bizarre , Lawyering , Media , Politics , Society 14 Comments
Criminal law attorney Constantine “Connie” Xinos bagged a trophy worth bragging about: nailing 11-year-old Sydney Sabbagha for trying to defend the staff of the public library of Oak Brook, Illinois. This Pediatric Perry Mason moment was a matter of some pride for Xinos, who told a reporter “I wanted that kid to lose sleep that night.”
Continue reading ‘The Pediatric Perry Mason: Illinois Attorney Nails 11-Year-Old Who Tried to Save Public Library Staff’
Defaming Uncle Joe: Stalin Family Sues Newspaper for Portraying Stalin as Stalinistic
Published 1, October 9, 2009 Academics , Bizarre , Constitutional Law , International , Lawyering , Media , Society 6 Comments
It turns out that the correct meaning of ‘Stalinistic” is kind, family-oriented, and greatly loved. Or, at least that is the view expressed in a Russian court by Joseph Stalin’s grandson, Yevgeny Dzhugashvili. (Stalin’s given name was Joseph Dzhugashvili). He is suing opposition newspaper Novaya Gazeta for publishing declassified death warrants from the period and offering an unvarnished account of the atrocities under Stalin.
Continue reading ‘Defaming Uncle Joe: Stalin Family Sues Newspaper for Portraying Stalin as Stalinistic’
Obama Wins Nobel Peace Prize
Published 1, October 9, 2009 Bizarre , Constitutional Law , Criminal law , International , Lawyering , Media , Society 66 Comments
President Barack Obama has won the 2009 Nobel Peace Prize. It is a great honor for this country and for the President. For civil libertarians, however, the prize is a bit of a mixed message. Obama has blocked any investigation of war crimes or torture in violation of international law. He has also supported the limitation of free speech to allow the criminalization of criticism of religion. With less than a year in office, the selection may send the wrong message to Obama that personality rather than principles succeed in both domestic and international politics.
Continue reading ‘Obama Wins Nobel Peace Prize’
Nine Lives: Air Controller Heard Joking About Dead Cat Just Before Air Collision
Published 1, October 8, 2009 Bizarre , Criminal law , Lawyering , Society , Torts 3 Comments
The FAA has released a disturbing tape (below) of an air traffic controller who is heard over a flight recording joking about a dead cat with a female friend as a small plane and tourist helicopter collided in midair — killing nine.
Continue reading ‘Nine Lives: Air Controller Heard Joking About Dead Cat Just Before Air Collision’
Former Alabama Judge Faces Trial This Week For Allegedly Spanking and Sexually Assaulting Inmates in Chambers
Published 1, October 8, 2009 Bizarre , Courts , Criminal law , Lawyering , Media , Politics , Society , Torts 14 CommentsWe have been following the bizarre case of former Mobile County Circuit Judge Herman Thomas who is accused of ordering the male inmates be brought to his chambers where he would spank them and have sex with them. With the judge facing trial on various criminal charges, the case took another strange turn when a former inmate charged in a lawsuit that his former attorney coerced him into testifying against the judge. The case of Willie Pearson was dropped after he accused attorney Joe Kulakowski of threatening him. However, the prosecutor insists that the other cases will proceed as planned for trial.
Continue reading ‘Former Alabama Judge Faces Trial This Week For Allegedly Spanking and Sexually Assaulting Inmates in Chambers’
Father Faces Jail Sentence For Giving Seven-Year-Old Son A Quarter-Sized Tattoo
Published 1, October 7, 2009 Bizarre , Criminal law , Lawyering , Politics , Society 9 Comments
There is a bizarre case out of Fresno California where Enrique Gonzalez faced lifetime imprisonment for “aggravated mayhem and street terrorism” because he allowed his 7-year-old son to have a quarter-sized tattoo on his right hip. While Fresno County Superior Court Judge Hillary Chittick wisely rejected the excessive charge of mayhem by the prosecutors, he still faces years in jail for cruel and inhumane treatment of a child.
Continue reading ‘Father Faces Jail Sentence For Giving Seven-Year-Old Son A Quarter-Sized Tattoo’
And Apple Commanded: “You Must Not Take of the Apple Tree . . . For You Will Surely Be Sued”
Published 1, October 6, 2009 Bizarre , International , Lawyering , Media , Society 17 Comments
Do these apples look alike? Computer giant Apple appears to believe so. It is suing Australia’s Woolworths for trademark infringement over the use of the new logo.
Continue reading ‘And Apple Commanded: “You Must Not Take of the Apple Tree . . . For You Will Surely Be Sued”’
Sex Offender Sleepover: Counselor Arrested After Allegedly Taking Teenage Sex Offender Home to Have Sex
Published 1, October 5, 2009 Bizarre , Criminal law , Lawyering , Society 9 Comments
When a 17-year-old sex offender escaped from a juvenile treatment program in Baltimore County, many wondered where the counselors were at the time of the escape. Well, police say that one counselor never let him leave her sight. Tyra M. Greenfield, 26, was arrested after allegedly allowing the boy to stay at her house and having sex with the sex offender. Not quite the approach recommended by the manual on sex offender counseling. The charges, however, are interesting.
Continue reading ‘Sex Offender Sleepover: Counselor Arrested After Allegedly Taking Teenage Sex Offender Home to Have Sex’
Stocking Snuffer: California Man Allegedly Tries to Hire Hitman to Kill Ex-Girlfriend on Videotape To Watch Over Christmas
Published 1, October 5, 2009 Bizarre , Criminal law , Lawyering , Society 5 Comments
Mark Alan Jarosik, 43, believes it is never too early to shop for Christmas. He was arrested in California for trying to hire a man to kill his ex-girlfriend and to videotape the murder . . . so he could watch it over the Christmas holiday.
Continue reading ‘Stocking Snuffer: California Man Allegedly Tries to Hire Hitman to Kill Ex-Girlfriend on Videotape To Watch Over Christmas’
Justice Sonia Sotomayor’s Free-Speech Tests
Published 1, October 5, 2009 Academics , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Media , Politics , Society , Supreme Court 16 CommentsBelow is today’s column on the first day of the October Term for the Supreme Court. It specifically explores the first amendment cases on the docket. There are four major such cases thus far on the docket and, most importantly, two free speech cases that will be strong indicators of the views of Justice Sonia Sotomayor.
Continue reading ‘Justice Sonia Sotomayor’s Free-Speech Tests’
Breach Birth: Federal Court Rules Prison Guard Does Not Have Qualified Immunity After Shackling Prisoner During Labor
Published 1, October 4, 2009 Bizarre , Constitutional Law , Criminal law , Lawyering , Society 3 Comments
There is a disturbing and important ruling out of the United States Court of Appeals for the Eighth Circuit. In the prisoner case below, Nelson v. Correctional Medical Services, the court examined whether a prisoner guard is entitled to qualified immunity when she shackles a female prisoner during labor despite the objections of the medical staff. Arkansas corrections officer Patricia Turensky was found not to be entitled to such protection for her actions in shackling inmate Shawanna Nelson. The decision was handed down on October 2, 2009.
In a Pickle: Ontario Police Dismiss Investigation Because Officers Involved in Questionable Shooting Withheld Contemporary Notes or Accounts of their Actions
Published 1, October 3, 2009 Bizarre , Criminal law , International , Lawyering , Politics , Society 15 Comments
There is a fascinating case in Ontario, Canada this week. Levi Shaeffer, 30, was shot dead by Peterborough police officers when he was camping near Pickle lake. He had not committed any crimes and was simply camping on an island. However, an investigation was terminated because the officers involved in the shooting did not write down contemporary accounts of the shooting after meeting with counsel. Chief Murray Rodd, however, insists on the department website that “[w]e are truly dedicated to our core values to be the best Police Service, providing the highest standard of professionalism in partnership with our community.” They might want to start with writing down accounts of shooting campers.
Decoupling the Staple Story: New York Jurist Challenges Account Over Negligent Stapling Story
Published 1, October 2, 2009 Bizarre , Courts , Lawyering , Media , Society 3 Comments
Judge Charles J. Markey is asking for a public rehearing. The New York Law Journal and the ABA Journal ran a story detailing how Markey allegedly denied a motion or dismissed a case due to improper stapling. The story was picked up on various legal blogs, including this blog. However, Markey has written a letter to the editor insisting that the facts have been distorted and that this was no “case of first impression” of dismissal for negligent stapling. He seems to have a case.
Continue reading ‘Decoupling the Staple Story: New York Jurist Challenges Account Over Negligent Stapling Story’
Will Toucan Sam Sing on the Stand? Man Sues Kellogg’s Over Fruitless “Froot”
Published 1, October 2, 2009 Bizarre , Lawyering , Society , Torts 10 Comments
Roy Werbel was shocked, shocked when he found no fruit in his froot loops. Werbel is suing Kellogg’s because he believed Toucan Sam when he declared: “Follow my nose! It always knows! The flavor of froot! Wherever it grows!” Werbel insists that he reasonably assumed “froot” was “fruit.”
Continue reading ‘Will Toucan Sam Sing on the Stand? Man Sues Kellogg’s Over Fruitless “Froot”’
Ex-Prosecutor Admits He Lied in Polanski Movie
Published 1, October 1, 2009 Bizarre , Criminal law , International , Lawyering , Media , Politics , Society 25 Comments
The high-end supporters of filmmaker Roman Polanski have been relying more on a documentary than documents in claiming his innocence, citing the film “Roman Polanski: Wanted and Desired” as showing that Polanski was railroaded. The film features former prosecutor David F. Wells confirming improper communications by the judge. He has now admitted that it was a lie and he was grandstanding in the film.
Continue reading ‘Ex-Prosecutor Admits He Lied in Polanski Movie’
Supreme Court Takes Chicago Handgun Case in Major Test of Second Amendment Rights
Published 1, September 30, 2009 Constitutional Law , Courts , Criminal law , Justice , Lawyering , Media , Politics , Religion , Society , Supreme Court 16 Comments
The Supreme Court has accepted a major handgun case, McDonald v. Chicago, that will define the scope of the recently recognized individual right under the Second Amendment. It will also allow new Justice Sonia Sotomayor to vote on the very issue that led to much of the opposition against her in her confirmation.
Continue reading ‘Supreme Court Takes Chicago Handgun Case in Major Test of Second Amendment Rights’
Florida Supreme Court Upholds Sanction Against Lawyer Who Called Judge a “Witch” on a Blog
Published 1, September 30, 2009 Bizarre , Constitutional Law , Courts , Lawyering , Media , Politics , Society 29 Comments
Florida State bar authorities have fined trial lawyer Sean Conway $1,200 for criticizing Ft. Lauderdale Judge Cheryl Aleman on a blog, including calling Conway an “evil, unfair witch.” We previously discussed this case, here. The ruling is a major blow to free speech and another case of courts or the bar overreaching in punishing lawyers and parties for their criticism of judges. What is particularly interesting is that Aleman has been charged with misconduct by the Judicial Qualifications Commission.
Continue reading ‘Florida Supreme Court Upholds Sanction Against Lawyer Who Called Judge a “Witch” on a Blog’
Court Orders Disbarred Lawyer Locked Out of His Office After He Allegedly Continues to Practice Law
Published 1, September 28, 2009 Bizarre , Criminal law , Lawyering , Society 4 Comments
Allen Feingold had a less than conventional approach to litigation, such as allegedly choking a 74-year-old judge after an adverse arbitration ruling. Now, Philadelphia Common Pleas Court President Judge Pamela Pryor Dembe has ordered that he be locked out of his office to prevent him from continuing to practice law after his disbarment.
Roman Polanski Arrested in Switzerland
Published 1, September 27, 2009 Criminal law , International , Justice , Lawyering , Media , Society 52 Comments
While justice delayed may be justice denied, but justice appears to have caught up with Roman Polanski — just 31 years delayed. To the surprise of his family and lawyers, Swiss authorities arrested the seventy-six-year-old famous director on the outstanding international warrant.
Continue reading ‘Roman Polanski Arrested in Switzerland’
Client Fires Orly Taitz and Threatens Bar Complaint Against Her As Judge Explores Sanctions
Published 1, September 27, 2009 Bizarre , Constitutional Law , Criminal law , Lawyering , Media , Military , Politics , Society , Torts 234 Comments Orly Taitz, the lawyer and de facto leader of the “Birther” litigation, has filed a motion to withdraw from further representation of Dr. Connie Rhodes after Rhodes accused her of filing new papers in Rhodes v. MacDonald without her approval and after she agreed to be deployed by the military. Taitz is also facing a possible $10,000 fine from United States District Court Judge Clay D. Land, who previously dismissed the action. Taitz declared in one filing: “This case is now a quasi-criminal prosecution of the undersigned attorney.” She is already facing a California bar complaint and Rhodes is promising to file a new complaint against her for her “reprehensible” representation.
Continue reading ‘Client Fires Orly Taitz and Threatens Bar Complaint Against Her As Judge Explores Sanctions’
Legal Question of the Day: Should A Lawyer Be Able to Wear Jeans and Hats in Court?
Published 1, September 25, 2009 Bizarre , Courts , Lawyering , Society 24 Comments
Attorney Todd C. Bank really liked his Operation Desert Storm hat. Almost as much as Eastern District of New York Judge Nicholas G. Garaufis (left) disliked it. Bank, a sole practitioner in Queens, lost his constitutional claim that he had a right to wear jeans and a hat of his choice in court. Garaufis ruled that any desire to accessorize would occur outside of the Constitution and his court (or any other court for that matter).
Continue reading ‘Legal Question of the Day: Should A Lawyer Be Able to Wear Jeans and Hats in Court?’
New York Judge Uses Decision to Chastise Attorneys on Improper Stapling Motion for “Negligent Stapling”
Published 1, September 25, 2009 Bizarre , Courts , Lawyering 8 CommentsNew York Supreme Court Judge Charles Markey takes stapling very seriously. He took counsel to task for not just injurious stapling but failing to sign pleading, which were apparently signed in blood by the clerks.
Continue reading ‘New York Judge Uses Decision to Chastise Attorneys on Improper Stapling Motion for “Negligent Stapling”’
When Does Disrespect Become Disorder?
Published 1, September 24, 2009 Columns , Congress , Constitutional Law , Courts , Lawyering , Media , Politics , Society , Supreme Court 32 Comments
Below is today’s column on the aftermath of the Joe Wilson controversy. The threat of the Democrats to punish members using certain words to criticize the President raises some novel and unresolved constitutional questions.
Jury Acquits Denver Officer Who Broke Teeth of Man By Slamming His Head Into the Pavement
Published 1, September 23, 2009 Constitutional Law , Criminal law , Lawyering , Media , Society , Torts 39 Comments
It took a jury only two hours to acquit Denver Police officer Cpl. Michael Cordova of excessive force, even though a videotape (below) of his actions breaking the teeth of John Heaney caused public outrage. Cordova faced a charge of third-degree assault after he slammed Heaney’s face into the pavement while Cordova served as a member on an undercover anti-scalping Vice unit.
Minnesota Judge Accused of Steering Parties in His Court to His Own Divorce Attorney and Getting a Discount on His Own Bill Is Given a Six-Month Suspension — But Allowed to Remain on the Bench
Published 1, September 18, 2009 Bizarre , Courts , Lawyering , Society 5 Comments
Goodhue County District Judge Timothy Blakely, 46, is accused of being a rainmaker from the bench. He was found by a state investigation to have been referring parties in his court to his own divorce lawyer, “Super Lawyer” Christine Stroemer who allegedly gave him a discount on his own bill for fees.
Federal Judge Calls Obama “Birther” Challenge “Frivolous” and Orly Taitz Calls for Judge to Be Tried for Treason
Published 1, September 17, 2009 Congress , Constitutional Law , Lawyering , Politics , Society 517 CommentsU.S. District Court Judge Clay Land issued a stern warning to attorney Orly Taitz (left) and others in the so-called “birther” campaign: do not file another such “frivolous” lawsuit or you will face sanctions. Land threw out the lawsuit filed on behalf of Capt. Connie Rhodes who is an Army surgeon challenging her deployment orders due to President Barack Obama’s alleged ineligibility to serve as President. Land (a Bush appointee) noted that “[u]nlike in ‘Alice in Wonderland,’ simply saying something is so does not make it so.”
Ohio Death Row Inmate Given One-Week Reprieve After Officials Fail to Find a Vein
Published 1, September 16, 2009 Bizarre , Constitutional Law , Criminal law , Lawyering , Society 148 Comments
Romell Broom, 52, was given a rare one-week reprieve when officials struggled for hours to find a vein strong enough to handle lethal injection. The scene was particularly grotesque for critics of the death penalty as Broom awaited his death for hours as he was pricked and probed. Ohio Gov. Ted Strickland eventually ordered the one-week delay to allow prison officials time to figure out the best vein to use to execute him.
Continue reading ‘Ohio Death Row Inmate Given One-Week Reprieve After Officials Fail to Find a Vein’
For a Good Time, Call Juror 12: Juror Held in Contempt in Trial of Anand Jon Alexander For Contacting Sister
Published 1, September 16, 2009 Bizarre , Criminal law , Lawyering , Society 4 Comments
Alvin Dymally selected a poor place for a pick up. Dymally was a juror in the rape trial of fashion designer Anand Jon Alexander, 35. While other jurors were staring at the defendant, Dymally apparently could not take his eyes off the defendant’s sister Sanjana. Dymally would later, before the jury verdict was announced, pass Sanjana a note indicating his interest in her. Alexander was eventually sentenced to 59 years to life for 16 counts of rape while Dymally, Juror No. 12, will receive a $1000, 120 hours of community service, and a year’s mandatory participation in EHarmony. (Ok, I made up the last condition).
Grudge Match: Hulk Hogan Sues Zuckerman Spaeder For Malpractice
Published 1, September 16, 2009 Bizarre , Lawyering , Society 19 Comments
The death match is on! Hulk Hogan versus Morris “Sandy” Weinberg Jr. This grudge match is set for Florida with a $1.5 million purse.
Continue reading ‘Grudge Match: Hulk Hogan Sues Zuckerman Spaeder For Malpractice’
Lawyer Loses Bid To Claim Over $100,000 in Deductions for Prostitutes and Related Expenses
Published 1, September 15, 2009 Bizarre , Lawyering , Society 9 CommentsAttorney William Halby has lost another effort to allow him to deduct his “medical” use of prostitutes from his taxes. He lost a claim of over $100,000 in deductions before the federal Tax Court.
Eight Angry Men: Jury Sent Home After Alleged Brawl During Deliberations
Published 1, September 11, 2009 Bizarre , Lawyering , Society , Torts 3 Comments
It is not clear what is more interesting the legal problems in the trial over Merck’s osteoporosis drug Fosamax or the alleged assaults occurring in the jury room during deliberations. United States District Judge John Keenan in Manhattan was forced to issue the novel “time out” order this week and send home the eight men and women on the jury after lawyers heard yelling from the jury room and a juror alleged that she had been physically threatened and had a chair thrown at her.
Continue reading ‘Eight Angry Men: Jury Sent Home After Alleged Brawl During Deliberations’
Ninth Circuit: California Judge Improperly Influenced Jury to Convict Defendant
Published 1, September 9, 2009 Constitutional Law , Criminal law , Lawyering , Society 5 Comments
Sacramento Superior Court Judge Michael Virga improperly influenced a jury to find a defendant guilty in a sexual assault case. The actions of the former prosecutor have resulted in a new trial being ordered by the United States Court of Appeals for the Ninth Circuit.
Continue reading ‘Ninth Circuit: California Judge Improperly Influenced Jury to Convict Defendant’
Former Prosecutor Suspended for Shoplifting
Published 1, September 9, 2009 Bizarre , Criminal law , Lawyering , Society 3 Comments
Former prosecutor and criminal defense attorney Dennis Fisher has been barred from practicing law for another year as punishment for stealing two knives. He was accused of not only stealing the knives but resisting employees who tried to stop him.
Continue reading ‘Former Prosecutor Suspended for Shoplifting’
Really, Really Cold Case: New York Detectives Re-Open the 400-Year-Old Unsolved Murder of John Colman
Published 1, September 7, 2009 Academics , Criminal law , International , Lawyering , Society 4 Comments
The murder of John Colman is not exactly a cold case, it is positively glacial. New York detectives have taken up the case 400 years after the English seaman was found murdered and buried in a shallow grave. No weapon, no motive. The culprit, however, is believed to be out of the New York jurisdiction and even Interpol.
One Orr in the Water: Defendant Stops Trial After Eating Own Waste in Court
Published 1, September 4, 2009 Bizarre , Criminal law , Lawyering , Society 8 Comments
OK, this is incredibly disgusting but it is another example of what lawyers sometimes have to deal with in court. James Orr, 66, stopped his trial for robbery and kidnapping when he removed his colostomy bag and began to consume the contents. While this particular act is thankfully uncommon, the courts have to grapple with such acts to terminate trials. Judges are reluctant to reward such conduct with a mistrial, but there are not many good options for the judge. In this case, however, Common Pleas Court Judge Ethna Cooper appears intent upon continuing the trial and prosecutors have argued the act was nothing more than a tactic to stop the trial.
Continue reading ‘One Orr in the Water: Defendant Stops Trial After Eating Own Waste in Court’
Former Attorney General Arrested After Allegedly Killing Bicyclist in Road Rage Incident
Published 1, September 3, 2009 Criminal law , International , Justice , Lawyering , Society 9 Comments
When he served as the attorney general for Ontario, Michael Bryant argued for harsh punishment for criminals, including a crackdown traffic crimes such a speeders. He is now accused in a shocking act of road rage that killed a bicyclist who Bryant allegedly rammed into a mailbox.
Judge Recuses Himself After Denouncing Latte Drinking, Cigar-Smoking Lawyer
Published 1, September 3, 2009 Bizarre , Courts , Lawyering , Society 11 Comments
Judge John Doyle is facing accusations that he is a latte-hating, cigar-smoker baiting jurist or worse. Doyle recused himself after losing his patience with a bank lawyer, Farzad Milani, and telling him that he could not allow the lawyer to sit in his office “smoking his Cohiba cigars and drinking his lattes” while the court does all the work. He should be less worried about playing around with judicial ethics as ticking off those jackbooted, over-caffeinated thugs at Starbucks.
Continue reading ‘Judge Recuses Himself After Denouncing Latte Drinking, Cigar-Smoking Lawyer’
Top 500: Vote For Your Favorite Lawyers
Published 1, September 2, 2009 Lawyering , Society 242 Comments
The annual selection of the top 500 lawyers in America has begun at LawDragon. You can vote for your favorite colleagues, teachers, or counsel.
Continue reading ‘Top 500: Vote For Your Favorite Lawyers’
Rollover: Former Toyota Lawyer Accuses Company of Destroying Evidence of Rollover Problems
Published 1, August 31, 2009 Lawyering , Society , Torts 10 Comments
Attorney Dimitrios Biller was the former managing counsel for Toyota Motor Sales USA and handled rollover cases for the company. He has now done a rollover of his own — accusing the car manufacturer of destroying evidence of rollover in a “ruthless conspiracy” to hide dangers.
Brooklyn “Doctor” Wins Bail — Just $11 Million in Cash
Published 1, August 31, 2009 Bizarre , Constitutional Law , Criminal law , Lawyering , Society 4 Comments
Michail Sorodsky, a Brooklyn man accused of practicing medicine without a license and abusing patients under anesthesia, has won bail — sort of. The court set bail at either $11 million cash or $33 million bail bond. The constitutional question is whether an $11 million bail is the same as a denial of bond.
Continue reading ‘Brooklyn “Doctor” Wins Bail — Just $11 Million in Cash’
West Virginia Lawyer Tells Jury that Raped Prostitutes Were Not Like Their Mothers and Daughters — Nothing More Than “Whores” and “Tramps”
Published 1, August 31, 2009 Bizarre , Criminal law , Lawyering , Society 21 CommentsWest Virginia defense lawyer Ed ReBrook had a difficult case in representing Thomas H. Gravely, 31, who was accused of raping Charleston prostitutes. However, critics charge that he made a difficult case worse by calling no witnesses and using highly offensive terms to describe the victims.
Continue reading ‘West Virginia Lawyer Tells Jury that Raped Prostitutes Were Not Like Their Mothers and Daughters — Nothing More Than “Whores” and “Tramps”’
You Had Me At “Hello, Your Honor”: Houston Judge Indicted After Allegedly Offering to Help Woman in Exchange for a Sexual Relationship
Published 1, August 30, 2009 Bizarre , Courts , Criminal law , Lawyering , Politics , Society 5 Comments
Harris County Criminal Court-at-Law judge Donald W. Jackson, 59, has been indicted on a misdemeanor charge of official oppression – allegedly offering to get a DWI defendant help in dismissing her case in exchange for a sexual relationship. Notably, he allegedly insisted that he was not interested in “a one-night stand” in seeking to secure counsel for Ariana M. Venegas. If so, it is a new variation on past judicial pick-up lines that simply offer to trade sex for rulings.
California Deputy Attorney General Ellyn Levinson Loses Torts Case Involving Horseback Riding Injury
Published 1, August 28, 2009 Lawyering , Society , Torts 2 Comments
California Deputy Attorney General Ellyn Levinson has lost her personal injury case against a rancher who allowed her to ride one of his horses as a party. A California court ruled that falling off the horse was Levinson’s own fault and not that of the owner.
Continue reading ‘California Deputy Attorney General Ellyn Levinson Loses Torts Case Involving Horseback Riding Injury’
D.C. Attorney General’s Declaration in Protest Case Challenged by Council Members and Lawyers
Published 1, August 27, 2009 Constitutional Law , Courts , Criminal law , Lawyering , Media , Politics 3 Comments
The controversy continues over the District’s alleged destruction of evidence and withholding of documents in the World Bank protest case. The case deals with the mass arrests conducted without probable cause during the World Bank/IMF protests of 2002. Under orders from Judge Sullivan, D.C. Attorney General Peter Nickles filed a declaration explaining his actions and that of his staff. It has now been challenged by members of the city council and the litigants.
Continue reading ‘D.C. Attorney General’s Declaration in Protest Case Challenged by Council Members and Lawyers’
Detroit Muslim Woman Sues After Being Told To Remove Hijab in Court
Published 1, August 27, 2009 Constitutional Law , Courts , Lawyering , Religion , Society 8 Comments
Raneen Albaghdady, a Muslim in Detroit, is suing ayne Circuit Judge J. William Callahan who told her to remove her hijab or scarf in his courtroom (like the one shown to the left of a different woman). She alleges denial of her freedom of religion as well as denial of access to the courts. She is also suing Wayne County.
Continue reading ‘Detroit Muslim Woman Sues After Being Told To Remove Hijab in Court’
Client Calls: Former Client Shoots Lawyer in Chicago While Lawyer Shoots Former Client in North Carolina
Published 1, August 26, 2009 Criminal law , Lawyering , Politics , Society 2 Comments
We have two cases of lawyers encountering former clients in their homes in stories this week. In one case, Chicago retired attorney Carl Kuhn, 82, was allegedly killed by his former client Terry Bratcher, 43, and another man, Keith Allen, 21. In South Carolina, attorney and state senator R.C. Soles Jr. shot former client Thomas Kyle Blackburn, 22, in his home.
Continue reading ‘Client Calls: Former Client Shoots Lawyer in Chicago While Lawyer Shoots Former Client in North Carolina’
Judges in “Kids for Cash” Scandal Drop Pleas and Demand Trial
Published 1, August 25, 2009 Courts , Criminal law , Justice , Lawyering , Politics , Society 9 Comments
The former Pennsylvania judges charged in the “kids for cash” corruption scandal — Luzerne County Judges Mark Ciavarella and Michael Conahan — have withdrawn their guilty pleas and demanded a trial. They took the step after Senior U.S. District Judge Edward M. Kosik refused to accept their plea agreement with prosecutors in light of their failure to take responsibility for their actions.
Continue reading ‘Judges in “Kids for Cash” Scandal Drop Pleas and Demand Trial’
Report: Justice Department To Re-Open Nearly a Dozen Prisoner-Abuse Cases
Published 1, August 24, 2009 Congress , Constitutional Law , Criminal law , Justice , Lawyering , Society 89 Comments
The Justice Department appears close to re-opening nearly a dozen prisoner abuse cases that were all but buried by the Bush Administration. The move comes after a recommendation of the Justice Department’s Office of Professional Responsibility. The Obama Administration, however, is still blocking any investigation into war crimes and the torture program. I discussed the appointment of Mr. Durham in <a href="“>this segment of Countdown.
Continue reading ‘Report: Justice Department To Re-Open Nearly a Dozen Prisoner-Abuse Cases’
Marriott Blames Mother Raped in One of Its Garages in Tort Lawsuit
Published 1, August 22, 2009 Bizarre , Lawyering , Society , Torts 47 Comments
Stamford Marriott Hotel and Spa has allowed its attorneys to aggressively pursue a mother of two children who was pulled into her van and raped in front of her children in a Marriott hotel. Marriott now asserts that the 40-year-old mother was responsible in the attack, failed to “mitigate their damages,” and has sought discovery from friends and neighbors. The move led to a predictable backlash among the public.
Continue reading ‘Marriott Blames Mother Raped in One of Its Garages in Tort Lawsuit’
Two New York Criminal Defense Attorneys Convicted of Witness Tampering
Published 1, August 21, 2009 Courts , Criminal law , Lawyering , Society 15 Comments
Criminal defense attorney and television commentator Robert Simels, 62, has been convicted in Brooklyn of plotting to kill witnesses. Also convicted was attorney Arienne Irving, 31, who was convicted of witness tampering. The jury only acquitted Simels on one count dealing with false statements after deliberating for seven days.
Continue reading ‘Two New York Criminal Defense Attorneys Convicted of Witness Tampering’
Shock Video: BYU Professor Tasered in Court
Published 1, August 21, 2009 Academics , Bizarre , Courts , Lawyering 12 CommentsWe have been following questionable uses of tasers by police. This video from 2004 raises some disturbing questions where a former BYU professor Tom Lowery is tasered in court during a rambling argument. It is clear that the use of the force, in my view, was unnecessary and improper — particularly in a court of law.
Continue reading ‘Shock Video: BYU Professor Tasered in Court’
One Glad Lawyer: Leading California Lawyer Avoids Criminal Charges In Running Over Girl Scouts
Published 1, August 20, 2009 Bizarre , Lawyering , Society , Torts 4 Comments
Lawyers often joke to clients that it was not like they ran over a group of girl scouts. Sonnenschein Nath & Rosenthal partner Paul Glad made that common joke a reality when he ran over a group of mothers and children selling Girl Scout cookies in Burlingame, California. A prosecutor has announced that he will not be criminally charged. The managing partner of the San Francisco was taking the painkiller OxyContin under a doctor-proscribed regime, but insists that he was not impaired.
Supreme Court Stays Execution and Says Evidence of Innocence Should Be Given Evidentiary Hearing
Published 1, August 19, 2009 Constitutional Law , Courts , Criminal law , Lawyering , Politics , Society 24 Comments
In a major ruling, the Supreme Court on Monday ordered an evidentiary hearing on innocence claims of Troy Davis, who is on death row in Georgia for the 1989 murder of police officer Mark MacPhail. Not only did the Supreme Court stop the execution, but it created new law on the right of the defendant to present such evidence — a holding that drew the outrage of the conservative wing of the Court. While only a paragraph long, the unsigned opinion represents the first such order in decades for a new hearing to “receive testimony and make findings of fact”. Justice Scalia called it a “fool’s errand.”
Continue reading ‘Supreme Court Stays Execution and Says Evidence of Innocence Should Be Given Evidentiary Hearing’
Head Case: Texas Judge Posted Pictures of Criminals with Obama Shirts
Published 1, August 18, 2009 Bizarre , Courts , Lawyering , Media , Politics , Society 15 Comments
Texas Judge Tom Head is under fire this week after he posted the pictures of nine people wearing Obama shirts. Seven of the nine men were black and the pictures were accompanied by material critical of Obama supports and suggesting that Republican voters are rarely arrested.
Continue reading ‘Head Case: Texas Judge Posted Pictures of Criminals with Obama Shirts’
California Divorce Lawyer Pleads No Contest to Sexual Battery of Clients
Published 1, August 18, 2009 Bizarre , Criminal law , Lawyering , Society 5 Comments
Sacramento divorce attorney Gary Appelblatt, 58, has pleaded no contest to four counts of sexual battery and one additional count of attempted sexual contact. Sacramento Superior Court Judge Gary E. Ransom will now sentence Appelblatt, who is looking at likely jail time for a bizarre series of assaults on clients.
Continue reading ‘California Divorce Lawyer Pleads No Contest to Sexual Battery of Clients’
Driven to Extremes: Maryland Judge Accused of Flattening Tire of Woman in Courthouse Parking Lot
Published 1, August 13, 2009 Bizarre , Courts , Criminal law , Lawyering , Politics , Society 24 Comments
Charles Circuit Court Judge Robert C. Nalley has been accused of letting the air out of a car of a part-time cleaning woman who works at the courthouse. Two officers from the county jail insist that they saw the judge let the air out of a 2004 Toyota Corolla that was parked outside of the La Plata courthouse at 3:45 pm in the afternoon. One claims to have a picture of the act.
Continue reading ‘Driven to Extremes: Maryland Judge Accused of Flattening Tire of Woman in Courthouse Parking Lot’
Lawyer Files $13 Million Defamation Lawsuit Against Baltimore Sun
Published 1, August 13, 2009 Criminal law , Lawyering , Media , Society , Torts 2 Comments
Criminal defense attorney Ivan J. Bates has filed a $13 million lawsuit against the Baltimore Sun after articles suggested that he engaged in witness tampering and invoked the fifth amendment to avoid incriminating himself in wrongdoing. The Sun is standing by the reporting of journalists Melissa Harris and Julie Bykowicz.
Continue reading ‘Lawyer Files $13 Million Defamation Lawsuit Against Baltimore Sun’
Honored in the Breach: Obama Administration Celebrates the 60th Anniversary of the Geneva Conventions by Gutting Them
Published 1, August 12, 2009 Bizarre , Criminal law , International , Justice , Lawyering , Military , Politics , Society 26 Comments
Today, the Geneva Conventions turned 60. Like many people “of a certain age,” the Geneva Conventions can be forgiven for feeling a bit marginalized and forgotten. The Obama Administration is about to finish the work of the Bush Administration in gutting the enforceability of the Conventions by blocking any investigation or prosecution of American officials who violated the conventions, including the well-documented torture program.
Illinois Judge Sentences Man to Six Months in Jail for Yawning Loudly in Court
Published 1, August 11, 2009 Bizarre , Courts , Criminal law , Lawyering , Society 85 Comments
Circuit Judge Daniel Rozak obviously does not like yawning in the courtroom. He sentenced Clifton Williams to six months in jail after he let out a loud yawn when his cousin was being sentenced on a felony drug charge. The cousin actually received probation.
Continue reading ‘Illinois Judge Sentences Man to Six Months in Jail for Yawning Loudly in Court’
Williams and Connolly Hires Disgraced UBS General Counsel
Published 1, August 10, 2009 Bizarre , Constitutional Law , Criminal law , Justice , Lawyering , Society 12 Comments
While some may have expected attorney David Aufhauser to be seen in the halls of Williams & Connolly as a client but it appears that he has now been embraced as a partner. It appears that involvement in an insider trading scandal is not a barrier to career advancement. The former general counsel and managing director for UBS has joined the firm after agreeing not to practice law for two years due to the alleged insider trading. In the meantime, the shunning of Alberto Gonzales by both law firms and former colleagues continues.
Continue reading ‘Williams and Connolly Hires Disgraced UBS General Counsel’
Holder Plans Whitewash of War Crimes Allegations
Published 1, August 10, 2009 Congress , Constitutional Law , Criminal law , International , Justice , Lawyering , Military , Politics , Society 57 CommentsReports indicate that Attorney General Eric Holder is close to naming a prosecutor to look into interrogation abuse, but that he is going to structure the investigation to protect high-ranking officials from investigation for war crimes. While Holder admits that waterboarding is torture, he is reportedly going to allow only the investigation into whether some interrogations went beyond the torture guidelines set by the Justice Department — which allowed for waterboarding.
Continue reading ‘Holder Plans Whitewash of War Crimes Allegations’
Massachusetts Man Freed After 21 Years With Discovery of Withheld Exculpatory Evidence
Published 1, August 10, 2009 Constitutional Law , Courts , Criminal law , Lawyering , Media , Society 36 Comments
Bernard Baran was 19 when he was accused of abusing children at a day care center — one of a spasm of such prosecutions in the 1980s. Baran was convicted on the testimony of the children despite the fact that videotapes showed children denying that he touched them and other referring to “prizes” promised for their confirming abuse.
Continue reading ‘Massachusetts Man Freed After 21 Years With Discovery of Withheld Exculpatory Evidence’
Recent Comments