Res ipsa loquitur ("The thing itself speaks")
There is an extremely disturbing story out of Iran this morning that seven lawyers in Tabriz and Mashhad have been killed. These brave attorneys were reportedly representing Iranian detainees in the post-presidential protests.
Continue reading ‘Seven Lawyers Representing Detainees in Iran Reportedly Killed’
Retired State Supreme Court Justice Ronald H. Tills, 74, has been sentenced today to 18 months in prison for transporting prostitutes across state lines. Tills reportedly was arrested as part of a probe into the weekends jaunts of the Royal Order of Jesters. Other “jesters” sentenced with Tills were John Trowbridge, 62, a former Lockport Police captain, and Michael Stebick, 61, Tills’ former law clerk.
Former Assistant Attorney General Jonathan Milstein, 41, has pleaded guilty and been sentenced to community service for his harassment of a neighbor. He resigned the day before his sentencing.
Continue reading ‘Washington State Assistant Attorney General Pleads Guilty to Telephone Harassment of Neighbor’
Isabella Kern, 4, was playing in the sprinkler in a playground in Queens when she ran barefooted on to the black rubber matting. She almost immediately suffered severe burns that required a week in the hospital. Her family’s lawsuit against the city should be an obvious matter of negligence — it is obviously foreseeable for kids will run from the sprinkler area on to the matting. However, the city is now suing the parents and alleging that they were negligent.
Continue reading ‘Four-Year-Old Girl Burns Feet in City Park With Improper Matting So City Sues Her Parents’
The D.C. Council members have called for an investigation into the allegations of discovery destruction in the World Bank/IMF case. Given the inquiries into the case, I am posting the recent sanctions material to cut down on calls to my office. I am also posting the transcript from the last hearing. Given my role in the case, I am limited in what I can say about the case.
Continue reading ‘D.C. Council Members Call for Investigation of Protest Case and Resignation of Attorney General Peter Nickles’
Moorestown Patrolman Robert Melia, 38, is every criminal defense attorney’s nightmare. First, Melia was charged with aggravated sexual assault on three underaged girls. Now, he has been arrested for sex with cows.
Continue reading ‘Following the Herd: Police Officer Charged With Sex With Cows’
There is a surprising development in the case of former Luzerne County Judges Mark Ciavarella Jr. and Michael Conahan in Pennsylvania. U.S. District Judge Edwin Kosik has rejected the plea bargain given the two former judges who previously pleaded guilty in a scheme to steer juveniles to for-profit detention facilities for $2.6 million in kickbacks. The decision of Kosik shows the dangers of defendants speaking to the media between pleas and sentencings.
Anderson County Attorney Frank Campbell in Kansas was reportedly suspended from practice for six months after he showed pictures of a 17-year-old girl being raped — after declining to prosecute the case. A lawsuit is now being planned, according to news reports.
Continue reading ‘Kansas Prosecutor Suspended After Showing Pictures of Rape of Teen Girl’
We have been following the lawyers and judges implicated in the corruption scandal surrounding lawyer Richard “Dickie” Scruggs. Now the scandal has claimed another individual: Mississippi judge Hinds County Circuit Court Judge Bobby DeLaughter, 55, has pleaded guilty.
Continue reading ‘Mississippi Judge Pleads Guilty To Federal Obstruction’
Karl Rove spoke to congressional investigators last week and reportedly admitted that he did play a role in the hiring and firing of federal prosecutors, including at least one of the nine U.S. Attorneys at the heart of the scandal.
The World Bank/IMF protest case had a sanctions hearing yesterday that had found its way into the media. Because I am lead counsel (with Dan Schwartz) in one of the two cases (Chang) against the District of Columbia, Federal government, Fairfax County, and various police officers, I will not comment on the controversy.
Continue reading ‘Federal Judge Calls for Investigation of “The Civil Equivalent of the Ted Stevens Case”’
Associate Attorney General Thomas J. Perrelli overruled career lawyers at the Voting Section of the Civil Rights Division to drop a complaint against three members of the New Black Panther Party of intimidating voters in Philadelphia during November’s election — including one member Samir Shabazz who brandished a nightstick.
Continue reading ‘Obama Political Appointees Reportedly Overruled Career Justice Officials In Dropping Charges Against New Black Panther Party for Voter Intimidation’
Former Pennsylvania lawyer Ralph Mirarchi appears to have as bad marital as legal problems these days. Under a plea bargain, Marachi was supposed to have his sentence reduced once his wife sold their New Jersey home to help repay his victims. Instead, Mirachi, 69, was sentenced to up to 8 1/2 years after his wife of forty years Dorothy “Dot” Mirachi decided to keep the home and allegedly used money from another real estate sale to pay off her Lexus rather than her husband’s victims.
Continue reading ‘Dot Con: Wife Refuses to Turn Over Money to Victims to Reduce Husband’s Sentence’
The City of Clearwater, Florida has decided to throw one back. We have been following the story of bait shop owners Herb and Lori Quintero in Clearwater, Florida who challenged a fine for having a fish mural painted on the outside of their business — later covered up by a copy of the first amendment. The controversy was a combination of remarkably bad lawyering and judgment by the city. It has now concluded after two adverse rulings against the city and a $55,000 settlement paid to the Quinteros.
Continue reading ‘The One That Got Away: Florida Fish Shop Wins Case Against Clearwater’
The debate continues to rage this week over the push by Vice President Dick Cheney and others to have former President George Bush deploy active military units in a suburb of Buffalo to arrest a small group of men who were suspected of supporting terrorism (here). Nor surprising, Bush officials went to Berkeley law professor John Yoo to tell them that (surprise!) the President was not bound by the Fourth Amendment or federal law if he unilaterally declared the operation to be a national security matter. Yoo and his former colleague conclude that “the president has the legal and constitutional authority to use military force within the United States to respond to and combat future acts of terrorism, and that the Posse Comitatus Act does not bar deployment.” I discussed the controversy on this segment of Countdown.
Continue reading ‘Yoo Must Be Kidding: Professor Argues That Bush Could Negate Both The Fourth Amendment and The Posse Comitatus Act By Simply Declaring Deployment To Be A National Security Matter’
The State Bar of California will allow a remarkable graduate of UC Davis School of Law to sit for the bar exam after the intervention of the California Supreme Court. Sara Granda is a quadriplegic who was barred from sitting on the exam due to a technical glitch on her online application.
Continue reading ‘California Supreme Court Orders Bar to Allow Quadriplegic To Take Exam’
In yet another indication of how extreme Bush officials were in their war on terrorism, the New York Times is reporting that Vice President Dick Cheney and others pushed former President George Bush to send troops into Buffalo New York to arrest a group of men accused of terrorism.
Continue reading ‘Report: Bush Considered Sending Troops Into Buffalo for Terror Sweep’
It took New York Attorney Joseph DePaula four years but he has finally prevailed in his false arrest claim after he was thrown into jail for calling an officer a “prick” in court in 2005.
Continue reading ‘If You Prick Us, Do We Not Bleed? New York Lawyer Prevails in Contesting Arrest for Foul Language’
Cambridge Police Sergeant James M. Crowley is considering a defamation lawsuit, according to his lawyer. The possibility of a lawsuit adds an intriguing element to this controversy over the arrest of Harvard Professor Henry Louis Gates Jr. The Massachusetts Police Commissioner Robert Hass has also come out to criticize the comments of President Barack Obama denouncing the actions of the police as “stupidity” and suggesting that it was a case of racial profiling.
Continue reading ‘Report: Sgt. Crowley Considering Defamation Lawsuit in Gates Controversy’
In what may be the first disbarment for a lawyer’s conduct as a jury member, Francis T. Fahy has been disbarred for misconduct in a story that we previously discussed.
Continue reading ‘San Francisco Attorney Disbarred Over Jury Vote’
A group of rabbis were among the 30 or so people arrested in New Jersey with two mayors in a major corruption probe. Hoboken Mayor Peter Cammarano III (left) and Secaucus Mayor Dennis Elwell (right) were among those arrested in what is described as a “high-volume, international money-laundering conspiracy” where the rabbis used their their religious organizations to launder the money. There are also allegations of cash-filled envelopes going to politicians in garden-variety corruption claims.
Continue reading ‘Rabbis and Mayors Arrested in New Jersey Public Corruption Probe’
Rhode Island Judge Michael Forte has a curious concept of free speech and a dangerous view of judicial authority. Forte recently issued an order banning the sister of a father in a custody battle from commenting on the case on Facebook. Michelle Bouthillier Langlois, 41, has been defending her brother Michael from domestic-abuse allegations.
Continue reading ‘Rhode Island Judge Bans Sister From Commenting on Facebook About Her Brother’s Custody Case’
Four House Democrats have finally stepped forward to denounce the Bush-like policies of President Obama, particularly his recent signing statement proclaiming that he is not bound by federal legislation. The letter was signed by Reps. David Obey of Wisconsin, chairman of the House Appropriations Committee; Barney Frank of Massachusetts, chairman of the House Financial Services Committee; and subcommittee chairs Reps. Nita Lowey and Gregory Meeks of New York. The letter breaks from the lockstep loyalty shown Obama despite his adoption of many of Bush’s most controversial positions.
Continue reading ‘Democrats Denounce Obama for Bush-Like Signing Statement That He Is Not Bound By Federal Legislation’
La Jolla divorce attorney Steven Liss, 53, was arrested this week on suspicion of four counts of solicitation to commit murder, false imprisonment and spousal battery. Police allege that Liss has been seeking help from various people to kill this wife Karen. One could certainly think that, if the allegations are true, there were better options like . . . a divorce. One day later, however, he was released with prosecutors saying that they need more evidence.
Continue reading ‘California Divorce Lawyer Arrested on Suspicion of Planning to Kill His Wife — And Then Released for Lack of Evidence’
In yet another failure to honor its promises to civil libertarians, the Obama Administration has failed to honor its own deadline for the submission of a report on its policy for the detention of terror suspects. The report was expected to give details on Obama’s promise to shutdown the U.S. military prison at Guantanamo Bay.
Continue reading ‘Obama Administration Misses Deadline for Report on Detainees’
The CIA has been accused of yet another fraud. U.S. District Judge Royce Lamberth had referred a CIA attorney for disciplinary action and is considering further sanctions against five current and former CIA employees, including former CIA Director George Tenet, for misleading the court in a federal case.
Continue reading ‘Federal Court Rules CIA Committed Fraud in Federal Case’
A leading civil rights organization in China, the Open Constitution Initiative, was effectively shutdown last Friday by the Chinese government, which seized its computers and files — including sensitive files on the tainted milk powder scandal that killed at least six children and hurt hundreds of thousands.
Continue reading ‘China Raids and Confiscates Computers and Files of Leading Civil Rights Activists’
Rev. Edward Pinkney is a minister who relishes the wrath of God — particularly as an extension of his own criminal case. Pinkney recently ordered down fire and damnation upon the head of Judge Alfred Butzbaugh. Judge Butzbaugh took the extraordinary (and unlawful) step of ordering that Pinkney refrain from “defamatory and demeaning” communications as part of his probation. The court revoked his probation after Pinkney wrote the article below calling Judge Butzbaugh a “racist,” “dumb,” and “corrupt,” and predicting his demise at the hands of the Almighty. The Michigan Court of Appeals wisely found the order and revocation to be obvious violations of his first amendment rights.
Continue reading ‘Michigan Appellate Court Overrules Minister’s Probation Revocation for Unleashing “Demons” on His Trial Judge’
Frank Hatley has been sitting in a Georgia jail for over a year for failing to reimburse the state for all the public assistance his “son” over the past two decades. The problem is that the homeless man is not the father of the boy and both the Court and the prosecutors knew that he was no the biological father than they threw him in jail.
Continue reading ‘Homeless Man Jailed for More Than a Year For Failing to Pay Child Support — Despite the Fact that the Court and Prosecutor Knew He Was Not the Biological Father’
Elizabeth Loveday, 38, of Portsmouth, New Hampshire is someone in dire need of a divorce. Loveday was arrested outside of a courthouse after shoving court-ordered marriage mediator and then biting the woman’s forearm in an effort to assault her estranged husband.
Continue reading ‘Calling Off Loveday: Woman Arrested for Assaulting and Biting Marriage Mediator at Courthouse’
Newsweek is reporting that Attorney General Eric Holder is leaning toward the appointment of a special prosecutor on the issue of torture. Much, however, was not stated and there remains a question of whether Holder will appoint a special prosecutor with the full authority to pursue any and all crimes related to the torture policy. There are rumors that, if an investigation occurs, it may be sharply curtailed.
Continue reading ‘Holder Reportedly Considering Special Prosecutor — But Serious Questions Remain’
With the Senate hearings about to begin on the Sotomayor nomination, this morning’s column below addresses what we ideally should be looking for in a nominee.
Continue reading ‘The Sotomayor Nomination and the Search for Judicial Greatness’
New York City health officials are investigating the death of a baby boy who died of herpes after a circumcision by Rabbi Yitzhok Fischer. Fischer carries the herpes virus and is believed to have infected two other infants while serving as a mohel. Under the Orthodox practice followed by Fischer, he actually uses his mouth to suck the blood from the infant’s penis when he cuts the foreskin.
Continue reading ‘Rabbi Accused of Infecting Infants with Herpes During Circumcisions — And Killing One Boy’
A new government report has disclosed that President Bush authorized secret surveillance activities that went beyond the previously disclosed NSA program – raising the prospect of additional unlawful conduct by the Bush Administration. At the same time, a House member has revealed that CIA Director Leon Panetta has shutdown a program that was never revealed to Congress in direct violation of federal law. I discussed these stories on this segment of MSNBC Countdown.
Continue reading ‘Reports Shows Additional Undisclosed Surveillance Programs — And Likely Unlawful Conduct by Bush Administration’
Last year, many of us denounced the police checkpoints in the Trinidad area of Northeast Washington as grossly unconstitutional despite the insistence of D.C. Attorney General Peter J. Nickles that he had ample law on his side. Now, a conservative panel of the D.C. Circuit has ruled as expected that the checkpoints presumptively violate the fourth amendment and granted a preliminary injunction.
Continue reading ‘D.C. Circuit Rules Police Checkpoints Unconstitutional’
Attorney Bill Bone believes that he has spotted the hole or holes in the defense of his opponent, Michael Robb. Bone has filed a motion with Circuit Judge Donald Hafele in Palm Beach demanding that Robb be ordered to wear shoes without holes in court. Robb’s tasseled Cole Haan loafers have visible holes on both sides and Bone insists that the shoes are cheap theatrics to play to the sympathies or jurors. Robb argues that they are just cheap. It is up to the Court to determine the Cole Hann truth.
There is a reason why many of us never tire of watching Sarah Palin. It may be the same sensation that draws people to car races to see the crashes or watch the Weather Channel for the tornado footage, but there is something enthralling the study of Palin, or Palinotology as I prefer to call it. In her latest statement, Palin helpfully explained that being president would be easier than being the Governor of Alaska because “the department of law” would protect her from lawsuits.
Sarah Palin may have been unclear as to why she decided to quit early as governor, but her lawyer, Thomas Van Flein, is insisting that it is not because of an investigation of wrongdoing involving her house on Lake Lucille or the Wasilla Sports complex. The link was published in pieces by Alaska blogger Shannyn Moore, Huffpo, Washington Post, the NY Times and MSNBC.
Continue reading ‘Palin Threatens Washington Post, NY Times, MSNBC, and Other Publications With Defamation Lawsuit’
Happy Independence Day!
The judicial council of the Philadelphia-based 3rd U.S. Circuit Court of Appeals has cleared Chief Judge Alex Kozinski of the 9th Circuit of wrongdoing in the long investigation over sexually explicit materials on his personal website. However, the council found that he acted with “carelessness” and was “judicially imprudent.”
Continue reading ‘Judge Kozinski Cleared of Wrongdoing By Judicial Council — But Admonished Over Website’
The Justice Department is again being accused of withholding evidence and making false statements to the court. Judge Emmet Sullivan sharply questioned Justice Department lawyers about whether they are in violation of the D.C. Rules of Professional Conduct by making false statements to the court or failing to correct false statements. The Justice Department has faced such objections in various cases, including the now dismissed prosecution of former Senator Ted Stevens before Judge Sullivan. The latest allegation comes in the conspiracy cases against businessman Zhenli Ye Gon, accused in an international drug trafficking scheme.
The U.S. Court of Appeals for the Seventh Circuit ruled that an Illinois baking machinery manufacturer, Bakery Machinery & Fabrication Inc., is liable to a default judgment blamed on the alleged legal malpractice of its attorney, James Hinterlong of Grand Ridge, Ill. Judge William Bauer ruled that the company was still responsible for the actions of its lawyer, even if the company were kept in the dark.
Continue reading ‘“Sins of the Lawyer”: Seventh Circuit Rules Against Company in Legal Malpractice Case’
While his attorneys asked for just 12 years, Bernie Madoff, 71, has been sentenced to 150 years after expressing sorrow for the ruin that he brought to thousands of people — rich and poor — through his criminal enterprise.
As expected, the Supreme Court voted in Ricci v. DeStefano, the New Haven firefighters case, to reverse the decision of the Second Circuit panel, which included Supreme Court nominee Sonia Sotomayor. Also as expected, Justice Kennedy played the swing vote in giving cities a new defense in such cases. Kennedy wrote the majority opinion. The fear of litigation was not sufficient to justify the discrimination against white and Hispanic firefighters. Firefighters challenged a decision to throw out promotional exam results because no African-American firefighters were among the top scoring candidates for promotion — only white and Hispanic officers. Judge Sonia Sotomayor was on the panel that upheld the city’s decision in one of her most controversial decisions.
Continue reading ‘Supreme Court Rules 5-4 to Reverse Sotomayor Ruling in New Haven Firefighters Case’
Larry Wilder, the City Council attorney for Jeffersonville, Ind. has announced that he will resigned due to recent criticism. It was not Wilder’s skills or courtroom demeanor that proved his undoing. It was the combination of a certain trash can, a lawyer, and a camera. He resign before he was . . . well . . . canned.
Continue reading ‘Trashed: City Attorney Resigns After Embarrassing Photos in Garbage Can’
Detroit City Council President Pro Tem Monica Conyers and wife of Judiciary Chairman John Conyers has pleaded guilty to conspiring to commit bribery. She is free on personal bond awaiting sentencing. This is
only the latest criminal plea or conviction for the Detroit political establishment.
Continue reading ‘Monica Conyers Pleads Guilty to Conspiracy to Commit Bribery’
U.S. District Judge Samuel Kent has finally resigned after Congress expedited his impeachment and Senate trial. In a remarkably dim-witted act, Kent’s lawyer announced that they had calculated that Congress could not possibly complete an impeachment and start a trial for a year. Thus, he decided that he would resign in a year to continue to bilk the government for salary and benefits. The inevitable result was that an infuriated Congress expedited the process.
Continue reading ‘Judge Samuel Kent Resigns to Avoid Senate Hearing’
Manhattan trial attorney Michael Harrison has been named as the unidentified lawyer that is the subject of an ineffective counsel ruling where the court found that counsel fell asleep during trial, read magazines during witness testimony and gave such a rambling, implausible opening argument that the jury laughed.
Continue reading ‘Court Orders New Trial After Lawyer Allegedly Sleeps in Court, Reads Health Magazines During Testimony, and Gives “Laughable” Opening Argument’
Dane Halovich can hardly complain that justice is slow or distant in Nevada. This week, Supreme Court Justice Kris Pickering drove her Mercedes into his UPS Store.
Continue reading ‘Blind Justice? Nevada Supreme Court Justice Kris Pickering Plows Into UPS Store With Her Mercedes’
The New York Supreme Court Appellate Division has suspended New York lawyer Cheryl Brodsky in a rather bizarre case where she falsely claimed to be the wife of Queens Supreme Court Administrative Judge Jeremy Weinstein and then refused to get a mental health evaluation.
Continue reading ‘Marriage of Convenience: New York Lawyer Suspended After Falsely Claiming to Be Judge’s Wife’
Convicted drug dealer Calvin Eugene Wells is looking at a likely release from prison based not on his conduct or innocence, but a three-letter typo. Wells was sentenced in October 2005 to 10 years for his possession of more than 100 grams of cocaine. However, the verdict form signed by the jurors contained a typo that wast eh grounds for an appellate court to slashed his sentence down to a fifth-degree felony.
Continue reading ‘Ohio Inmate to be Freed Over Typo on Sentencing Form’
DePaul University President The Reverend Fr. Dennis H. Holtschneider (right) has announced his selection of Illinois Appellate Judge Warren Wolfson, 76, as the new interim dean at the DePaul University College of Law for a two-year appointment. The announcement led to the resignation of the associate dean and only further angered the faculty and students.
Continue reading ‘DePaul President Names Former Judge as New “Interim” Dean for Two Years’
Dorothy Hendricks, 54, of St. Croix has been charged with allegedly trying to sell her vote on a criminal jury. Another juror is also under investigation in the U.S. Virgin Islands for trying to sell their votes for between $3000 and $5000 to a defense attorney.
Continue reading ‘Jurors Under Investigation for Attempted Bribery’
Attorney Bryan Simmons says that he was brought low by the double scourge of hard work and catfish. Simmons drove off the road and got stuck in a ditch with a flat tire– the result of fatigue from a trial and a reaction to the black pepper sprinkled on his catfish. District Judge John Miller ordered him to pay the costs of a trial that ended in the middle of jury selection due to his failure to appear.
Continue reading ‘Fish Story? Texas Lawyer Asserts the Catfish Defense in DWI Case’
Gentleman assume your couches! Happy Father’s Day to all of the Turley bloggers.
A state judge in Illinois has ruled that an Illinois law requiring state judges to retire after turning 75 is unconstitutional. Notably, the author of the four-judge decision Justice Charles Freeman (left) would himself be forced to retire under the law. In the meantime, the U.S. Supreme Court has voted against age discrimination claims of older workers.
Continue reading ‘Illinois Judges Rule That They Cannot Be Forced to Retire Based on Age While Justices in Washington Raise the Bar for Age Discrimination for Citizens’
In a split 5-4 decision, Chief Justice John G. Roberts, Jr. ruled that an individual cannot demanded access or testing to DNA material after his conviction becomes final in District Attorney’s Office v. Osborne (08-6).
Continue reading ‘Supreme Court Rules Against Constitutional Right to Access to DNA Testing’
It appears that expressions of affection cannot simply cost you a high school diploma, it can get you thrown in jail. Baltimore Circuit Judge Alfred Nance is known for having a temper in his courtroom and he appeared to have lost both his temper and his judgment when he ordered the jailing of Tamika Clevenger for throwing a kiss and saying “I love you” to her brother.
Continue reading ‘Baltimore Judge Orders a Woman Jailed For Saying “I Love You” to Brother’
In Oklahoma, David Harold Earls, 64, has received a one-year jail sentence after raping a 4-year-old girl. The sentence has caused an outcry across the country and moves in the legislature to recall District Judge Thomas Bartheld, who gave Earls a twenty-year sentence with nineteen years suspended under a plea agreement between the prosecutors and defense counsel. He also fined Earls $1,000.
Continue reading ‘Oklahoma Man Pleads Guilty to Raping 4-Year-Old Child and Gets One Year in Jail’
The federal prison system has plenty of jailhouse lawyers. Now it has its first jailhouse judge (not to mention of jury of his peers). U.S. District Judge Samuel B. Kent began to serve his jail sentence today while still a member of the federal judiciary. He continues to refuse to resign. For those who were initially supportive of Kent, few people defend him now after his outrageous effort to bilk the judiciary for every possible dime of salary and benefits while dragging both the courts and Congress through the scandal that he created.
Baltimore City Circuit Court Judge Charles G. Bernstein has been found to have acted so improperly in two criminal cases that he became a “co-prosecutor” and denied the defendants a fair trial. Steven Diggs (found guilty of drug possession) and Damon Lamar Ramsey (convicted of possession and intent to distribute) will receive new trials.
Continue reading ‘Court: Judge Charles Bernstein Acted as “Co-Prosecutor” and Denied Defendants Fair Trial’
U.S. District Judge Jeffrey White has cleared the way for Jose Padilla to sue University of California Professor John Yoo for the violation of his rights due to his physical abuse as a detainee. It is a relatively novel ruling that holds that government lawyers must be treated as other officials in participating in illegal programs or policies.
Continue reading ‘Judge Rules that Jose Padilla Can Sue John Yoo’
Civil libertarians have been outraged by President Barack Obama’s adoption of extreme Bush policies on secrecy and executive privilege, including his effort to dismiss public interest lawsuits and his Administration’s refusal to investigate war crimes committed by the Bush Administration. Now, Obama has filed to dismiss the case of Arthur Smelt and Christopher Hammer, who are challenging the 1996 Defense of Marriage Act (DOMA), which blocks same-sex couples from securing Social Security spousal benefits, filing joint taxes and enjoying other federal rights of marriage.
Former Hennepin County prosecutor John St. Marie, 65, has been arrested for arranging for wealthy clients to hook up with high-priced prostitutes for a club known as “The Minnesota Nice Guys.”
Continue reading ‘Former Prosecutor Arrested for Arranging Prostitutes for “The Minnesota Nice Guys”’
Civil libertarians have been complaining that many liberals are ignoring that Judge Sonia Sotomayor has been viewed as hostile to core liberal values and has a fairly conservative voting record in many areas, including free speech, student rights, and criminal procedure. For a review of her cases, click here. Another case has come to light that shows little of the empathy cited by the White House. While Vice President Joe Biden has emphasized the Sotomayor “watches the back of police” in cases (which is supported in some of her more controversial rulings), she has shown little empathy for those challenging police or convictions. The case of Jeffrey Deskovic is being cited as one such case.
Continue reading ‘Meaning of Empathy: Sotomayor Refused to Consider Appeal of Man Based on Technicality — Man Later Found Innocent Based on DNA’
There is an interesting fight brewing over a column written by conservative blogger Ed Whelan who has published the allegedly true identity of one of his critics. Whelan says that a critic calling himself “Publius” is really South Texas law professor John Blevins (shown left).
We have been following the West Virginia case involving A.T. Massey Coal Co., involving a fundamental question of judicial ethics. A divided court voted 5-4 in Caperton v. A.T. Massey Coal, et al. (08-22) that West Virginia Justice Brent D. Benjmain violated the constitution by sitting on a case involving the major donor in his campaign, A.T. Massey’s chief executive, Don Blankenship.
Continue reading ‘Supreme Court Rules Against West Virginia Justice in Landmark Ethics Case’
It comes to all of us with age. As hairlines recede and waistlines expand, cosmetic surgery becomes more attractive. While this blog is just around 2 years old, in human-to-blog years that is almost middle aged. In the last few weeks, various regulars have suggested that the site needs work to handle the large number of visitors and entries. This is an attempt to see what you would like to do with the site. I view this site as belonging to all of the regulars and I would like to solicit your thoughts on changes that you would like to see from different cosmetic touches to different structure. This entry will also allow discussion of those things (not people) that you least like.
Continue reading ‘DOES TURLEY BLOG NEED A NIP AND TUCK?’
The Justice Department has again conceded to acts of prosecutorial misconduct that will result in the release of two politicians from jail in Alaska. In a case with obvious similarities to the botched case of former Sen. Ted. Stevens of Alaska, former Representatives Pete Kott and Vic Kohring will likely be released soon after the Justice Department admitted that it withheld evidence that should have been turned over to the defense. What is most striking is that the same prosecutors were involved in both the cases of Stevens and these state legislators.
Continue reading ‘Justice Department Found to Have (Again) Withheld Evidence and Invalidating Convictions Through Prosecutorial Misconduct’
Among the material release this week by the White House is the disclosure that Judge Sonia Sotomayor belong to a private women’s-only group. The membership raises an interesting question given the controversies in the past over nominees who belong to men-only club. Should the standard be different for women or should exclusive club membership no longer be an issue in nominations?
Continue reading ‘Sotomayor Belongs to All-Female Club’
Justice Oliver Wendell Holmes famously observed that “the life of the law has not been logic, but experience.” One adherent to this principle appears to be Paul Baldwin, 48, who was arrested for the 153rd time and told a New Hampshire judge “I don’t need a lawyer – I’ve been in this court more than you have.”
Continue reading ‘A Life in the Law: New Hampshire Man Arrested for 153rd Time Asserts His Self-Taught Legal Training’
Former New Jersey municipal judge Richard Sasso has been permanently banned from the bench by the Supreme Court Advisory Committee on Judicial Conduct. Among the violations found by the committee was Sasso’s abuse of both lawyers and litigants; his presiding over cases while under the influence of alcohol and Vicodin, and improper public conduct including an unpleasant scene at a strip club called Torpedo’s Go-Go Club.
Continue reading ‘Torpedoed: Former New Jersey Judge Richard Sasso Banned For Life’
The bar lost a great advocate on Friday with the death of Susan Jordan, 67, who died in a plane crash in Utah. Jordan pioneered the battered women’s syndrome defense and represented controversial clients ranging from the Symbionese Liberation Army to the Black Panthers.
The United States Court of Appeals for the Seventh Circuit has handed down a decision that could play a role in the Sotomayor confirmation process. In National Rifle Association v. Chicago, the Seventh Circuit upheld a Chicago ordinance banning handguns and automatic weapons within city limits. In so doing, it held that the individual right to bear arms is not a fundamental right applicable to the states. It is precisely the hypothetical that some of us discussed in the wake of the Supreme Court’s decision in District of Columbia v. Heller, which recognized an individual right to bear arms in the Second Amendment. It also supports the view of Judge Sonia Sotomayor, who has been criticized for two opinions (including one after the Heller decision) that rejected the right to bear arms as a fundamental right. Sotomayor received indirect support from two unlikely sources: conservative icons Frank Easterbrook and Richard Posner.
Veteran Miami-Dade prosecutor David Ranck, 51, has been charged with battery after allegedly assaulting a pizza delivery woman. He has been suspended by his office. Only the week before a Broward County prosecutor was arrested for assaulting a police officer.
Continue reading ‘Ranck Pizza: Florida Prosecutor Arrested for Assaulting Pizza Delivery Woman’
Former Connecticut lawyer Elizabeth Zembko, 48, achieved notoriety a few years ago when she was convicted of stealing half a million dollars from her former law firm and elderly clients to pay for shopping sprees. It appears that the shopping bug is not quite out of her system. After serving 15 months, she was re-arrested for shoplifting and burglary in two different incidents.
Continue reading ‘Former Connecticut Lawyer Elizabeth Zembko Arrested For Shoplifting and Burglary’
With hearings scheduled for House Judiciary Committee Task Force on Impeachment, U.S. District Judge Samuel B. Kent has decided to turn in this resignation to President Barack Obama. His lawyer Dick DeGuerin says that the hearings are now unnecessary and Judge Kent will not participate. However, his resignation will reportedly only be effective June 1, 2010.”
Continue reading ‘Judge Kent Resigns On Eve of Impeachment Hearing — Effective One Year From Now’
Kenneth Kahn, a well-known Los Angeles criminal defense attorney and amateur stand-up comedian, was died in a fall while climbing the mountain above Machu Picchu. He was 66.
Continue reading ‘“World’s Funniest Lawyer” Kenneth Kahn Dies After Falling Off Mountain in Machu Picchu’
There is an interesting case of judicial ethics out of North Carolina where District Court Judge B. Carlton Terry Jr. was given a public reprimand for becoming “friends” on Facebook with the attorney for the defendant, Charles A. Shieck, in a child custody disputes. Terry was also reprimanded for not just posting statements about the case but googling the plaintiff in the case (and referencing what he had found).
Continue reading ‘North Carolina Judge Reprimanded for Facebook “Friend” and Googling Information on Litigant’
The United Nations has released a new report on human rights that has found the record of the United states to be “deplorable.” With the continuing refusal of the Obama Administration to investigate war crimes and to support the Bush policies in court, we have lost an opportunity to show the country has committed itself to change these policies and demand accountability for those who implemented them.
Continue reading ‘United Nations: U.S. Human Rights Record “Deplorable” — Including the Continuing Failure to Investigate Torture By the Obama Administration’
This week saw the demise of a landmark case in the area of constitutional criminal procedure: Michigan v. Jackson. In a 5-4 decision, the Supreme Court rolled back on the protection of defendants that guaranteed that they had the advice of counsel before speaking with police at critical stages of a prosecution. In Montejo v. Louisiana (07-1529), Justice Antonin Scalia said that the protection was not worth the loss of confessions and only caused confusion. The Obama Administration supported the rollback on protections for criminal defendants and argued for Michigan v. Jackson to be overturned.
Continue reading ‘Supreme Court Overturns Landmark Case Michigan v. Jackson — With The Support of the Obama Administration’
The debate over Judge Sonia Sotomayor continues to rage this week. What is remarkable is how much is being said and how little substance can be found in the coverage. One would think that the law of averages alone would guarantee that some substantive points would be hit, if only by accident. It is becoming increasingly clear that, once again, we will not have a substantive and civil review of the qualifications of a Supreme Court nominee. Neither conservatives nor liberals seem to want (or are willing to tolerate) objective discussion of Sotomayor’s qualifications or opinions. For what it is worth, I would like to discard some of the most often heard arguments in the vain hope that we might still achieve some level of reasonable discourse in this debate.
Continue reading ‘Confirming Nonsense: Both Liberals and Conservatives Distort Debate Over Sotomayor’
Theodore B. Olson, the U.S. solicitor general under Bush and his lawyer in Bush v. Gore, and David Boies, who represented former vice president Al Gore in that case, have joined forces to challenge Proposition 8 in federal court after this week’s loss in the California state court system.
Continue reading ‘Olson and Bois Team Up on Proposition 8 Challenge’
President Obama has selected Judge Sonia Sotomayor of United States Court of Appeals for the Second Circuit. She has an inspiring life story and gave a moving speech at the White House. She is not the intellectual powerhouse that many academics had hoped for. However, many nominees did not find their voices until after years of service on the Court. I discussed the nomination on this segment of Countdown. [For an update on debunking conservative and liberal attacks in this debate, click here]
Continue reading ‘The President’s Pick: A Review of Sonia Sotomator’s Rulings’
The United States has been vocal in its denouncing of the recent arrests of journalists by North Korea and Iran. These countries refuse to comply with American values and legal process, particularly in the treatment of journalists. The biggest difference thus far: North Korea and Iran gave the journalists trials. Reuters cameraman Ibrahim Jassam has been held since September by the U.S. military in Iraq without charges or evidence.
Continue reading ‘U.S. Holds Journalist For Almost a Year Without Charges or Evidence’
The Justice Department is facing yet another possible contempt sanction from a federal judge. This is becoming something of a trend for the Justice Department. One could only imagine the response of the bar to a private law firm with such a record of contempt. The latest threat comes from United States District Court Chief Judge Vaughn Walker in Al-Haramain v. Obama. This remains one of the most troubling cases from the Bush Administration and the Obama Administration has again yielded to the worst element in the Justice Department in continuing the same policies and practices of its predecessor.
Continue reading ‘Another Court Denounces Justice Department and Threatens Sanctions’
Former Dallas judge and CourTV anchor Catherine Crier has filed a lawsuit against a John Doe who maliciously used a story about another female lawyer to defame Crier on wikipedia. The unknown individual took the facts about attorney Catherine Shelton and, by replacing the last name with Crier’s from a 2007 Dallas Morning News story, to suggest that Crier was accused of murder and had been convicted of shoplifting, served time, and was disbarred.
Continue reading ‘Something Wiki This Way Comes: Catherine Crier Sues To Uncover Name of Alleged Malicious Wikipedia Poster’
There have been rare professional charges filed against five lawyers for their role in crafting a secret settlement for former Detroit Mayor Kwame Kilpatrick. The lawyers were involved in a $8.4-million lawsuit settlement to conceal text messages that showed that the major and his top female aide had lied about their affair. The lawyers are chief assistant corporation counsel Valerie Colbert-Osamuede; her ex-boss, former city corporation counsel John E. Johnson; city-retained private lawyers Samuel McCargo and Wilson Copeland II, and Mike Stefani, who represented three cops in lawsuits against the city.
Continue reading ‘Five Lawyers Charged Over Settlement of Case Involving Former Detroit Mayor’
President Barack Obama today defended his decision to close the military detention center at Guantanamo Bay, Cuba and promptly raised more serious concerns for civil libertarians. In his speech, Obama announced that the country’s “moral authority” demanded closure but then said that his lawyers were working new policies to hold certain detainees indefinitely without trial.
Continue reading ‘A Law Unto Himself: Obama Promises To Hold Some Detainees Without Trial’
There has been a spate of juror problems of late in courts around the country. Grant Faber, 25, in Hillsboro, Oregon (left) is facing contempt charges for walking out of a trial due to “extreme boredom” while Erik Sly, 36, got into trouble in Gallatin county in Montana for writing the court to inform it that he would “rather count the wrinkles on my dog’s balls” than serve on a jury.
Continue reading ‘Two Angry Men: Recently Unsuccessful Juror Excuses’
Paul Bergrin, 53, a former federal prosecutor, and three others were arrested this week on charges relating to the murder of a witness in a drug case as well as racketeering, wire fraud and money laundering charges. He is also accused of trying to hire a hitman. Prosecutors says that Bergrin had a favorite saying: “He liked to say ‘No witnesses, no case.”
Continue reading ‘Jersey Boys: Former Federal Prosecutor Arrested in Murder of Witness’
For all of the economic and social pressure of this time, lawyers in the United States still have much to be thankful for. In moments of doubt, they need only consider the plight of lawyers in other countries like Guatemalan lawyer Rodrigo Rosenberg, who was killed recently. Rosenburg predicted his own murder in an amazing video (below) after alleging high level corruption in the government.
Continue reading ‘Guatemalan Attorney Murdered After Predicting His Own Death In Video’
We have seen a number of cases on this blog where prosecutors fought efforts by prisoners to obtain DNA tests that might prove their innocence — only to be proven innocent once the tests were performed. Prosecutors are rarely denounced for these reprehensible efforts. The story in the New York Times indicates that prosecutors are continuing to oppose such testing even in states that passed new laws guaranteeing such testing.
Continue reading ‘Prosecutors Still Opposing DNA Access for Prisoners Despite New Laws’
Now this is a fascinating story. For decades, defense attorneys have complained about faux forensic experts who will support any theory or connection of the prosecution. Some of the most controversial are so-called “bite experts,” dentists who claim to match teeth marks on victims and objects to defendants. Attorney Christopher Plourd decided that he had had enough and arranged his own sting operation to show that these paid experts make the evidence fit any theory.
Continue reading ‘Lawyer Bites Expert: Defense Lawyer Conduct Private Sting Operation to Show Flaws in Expert Testimony’
President Barack Obama continued his replication of the Bush policies today with the disclosure that he will now restart the controversial Bush tribunal system — now to be called the Obama tribunal system. This follows Obama’s adoption of an even more extreme theory of executive privilege in court, the reversal of the decision to comply with a court order and turn over abuse photographs, the continuing effort to extinguish dozens of public interest lawsuits on privacy violations, and the proposed adoption of the Bush policy of holding detainees indefinitely without trial, here. In the meantime, he and Attorney General Eric Holder continue to block the appointment of a special prosecutor despite mounting evidence of war crimes committed by the prior administration. I will be discussing these recent developments tonight on Countdown.
Continue reading ‘Bush 2.0: Obama To Continue Military Tribunals’
House Speaker Nancy Pelosi has continued her effort to explain past statements on torture and her failure to act to stop a war crime after she was briefed on the torture program. After being contradicted by both documents and one of her aides, Pelosi has now accused CIA officials misleading her in 2002.
Continue reading ‘Pelosi Now Claims That She Was Misled By CIA’
The Obama administration has already adopted extreme executive privilege arguments that dwarfed the arguments of George Bush. It has moved to kill dozens of citizens lawsuits to uncover criminal acts of the government. This week, it refused (despite a court ruling) to release embarrassing photos of detainee abuse. Now, in the continue morphing with the prior Administration, Barack Obama is considering a continuation of the Bush policy of indefinitely detaining suspects without trial. I will be discussing this and other issues today on the Ed Beck Show on MSNBC.
Continue reading ‘Obama Considering Continuing Bush Policy of Indefinite Detentions Without Trial’
The Justice Department finally succeeded in securing convictions against Miami men accused of plotting to blow up the Sears Tower in Chicago. Five defendants were convicted and one was acquitted. The prior two trials ended in hung juries and this trial was a close call with the replacement of a clearly pro-defense juror in the middle of deliberations. The case was always long on rhetoric and short on evidence — resulting in the expenditure of between $5 to $10 million to convict the group in a highly controversial prosecution.
Federal judge Samuel Kent has been sentenced to 33 months for obstruction of justice for lying to a judicial committee investigating allegations that he sexually harassed an employee. Kent, who was viewed as a harsh sentencer for criminal defendants, avoided a maximum sentence of 20 years. One of the alleged victims referred to him as a “drunken giant.”
Continue reading ‘Judge Samuel Kent Sentenced to 33 Months in Federal Prison’
In sympathy with Majority Leader (and GW Grad) Harry Reid’s effort to deny that there is sufficient evidence to investigate torture, I give you this picture of a similar effort by a canine representative.
Recent Comments