Archive for the 'Lawyering' Category

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Speak No Evil

Published 1, May 8, 2011 Constitutional Law , Courts , Criminal law , Lawyering , Testimony 7 Comments

Submitted by Mark Esposito, Guest Blogger

Here’s a great legal war-story from U.S. District Court Judge Alan Johnson (via lawhaha.com) that needs no commentary:

“A very-veteran criminal defendant was about to be tried in federal court in Wyoming on bank fraud charges. The allegation was that, while in the county lockup on an unrelated stolen-vehicle charge, he had used the jail phone to call a local bank and, posing as a prominent wealthy individual, persuaded the bank to deliver a cashier’s check for $10,000 to the jail for the ostensible purpose of bonding out the man’s “nephew” (the nephew’s name, of course, being the defendant’s own).
Continue reading ‘Speak No Evil’

Florida Lawyer Charged With Break In After Cellphone Is Found Charging In Victim’s Home

Published 1, May 3, 2011 Bizarre , Criminal law , Lawyering 68 Comments

Lawyer William Webb Greenfelder has been charged with breaking into a vacant mobile home and stealing electricity. The evidence is rather strong. First there was Greenfelder’s cellphone plugged into an outlet at the home and then there was orange extension chord that ran from the home to just short of Greenfelder’s mobile home.
Continue reading ‘Florida Lawyer Charged With Break In After Cellphone Is Found Charging In Victim’s Home’

Deposition Interrupted

Published 1, May 2, 2011 Bizarre , Lawyering 16 Comments

I have faced some pretty hostile witnesses in depositions, but I have never this one (featured on Above The Law takes the cake. Warning: Foul Language
Continue reading ‘Deposition Interrupted’

Virginia Severs Ties With King & Spalding

Published 1, May 2, 2011 Constitutional Law , Courts , Lawyering , Politics , Society 16 Comments

Virginia Attorney General Ken Cuccinelli has severed his office’s relationship with King & Spalding after the firm abandoned its representation of the House of Representatives in the challenge to the Defense of Marriage Act (DOMA). In my view, Cuccinelli is right to do so. While I have long been critic of DOMA, I have been highly critical of the firm’s handling of the case and dumping a client under pressure. Paul Clement has now left the firm and will represent the House of Representatives as part of Bancroft PLLC.
Continue reading ‘Virginia Severs Ties With King & Spalding’

“Really an Aberration”: NY Officer Pleads Guilty To 100 Armed Robberies, Stealing 250 Kilograms of Cocaine, and $1 Million

Published 1, April 27, 2011 Bizarre , Criminal law , Lawyering 47 Comments

Emmanuel Tavarez, 31, was a one-man crime wave. He was also a cop. Tavarez is facing trial after using his NYPD connections to run a crew that dressed up as officers and stole drugs and cash. An eight-year NYPD veteran, Tavaraz is responsible for more than 100 armed robberies of narcotics traffickers. Yet, despite what he agreed was “overwhelming evidence of his client’s guilt, attorney Raymond L. Colon insisted “[f]or all intents and purposes he was a fine officer. This was really an aberration, I think.”
Continue reading ‘“Really an Aberration”: NY Officer Pleads Guilty To 100 Armed Robberies, Stealing 250 Kilograms of Cocaine, and $1 Million’

Ohio: Let Sleeping Police Dogs Lie

Published 1, April 23, 2011 Animals , Bizarre , Constitutional Law , Courts , Criminal law , Justice , Lawyering 12 Comments

Submitted by Mark Esposito, Guest Blogger

Twenty five year-old Ryan James Stephens will probably never be confused with actors Rex Harrison or Eddie Murphy but he may be the new Dr. Doolittle. Stephens has been charged with violating Cincinnati’s ordinance prohibiting citizens from “talking” to police dogs.

Continue reading ‘Ohio: Let Sleeping Police Dogs Lie’

Odor Of Marijuana Not Enough For Probable Cause

Published 1, April 23, 2011 Constitutional Law , Courts , Criminal law , Justice , Lawyering , Society 18 Comments

Submitted by Mark Esposito, Guest Blogger

The Massachusetts Supreme Judicial Court has issued an interesting decision concerning the prerogative of police to order a suspect to exit a car after smelling marijuana smoke coming from within. Seems the opinion turned on the Bay State’s decision to  decriminalized possession of less than one ounce of the wacky weed in 2008.
Continue reading ‘Odor Of Marijuana Not Enough For Probable Cause’

Boston District Attorney Demands Removal of Judge Viewed As Being Too Pro-Defendant in Criminal Cases

Published 1, April 19, 2011 Courts , Lawyering , Politics 21 Comments

Suffolk District Attorney Daniel F. Conley (left) wants Judge Raymond G. Dougan Jr. (right) removed from criminal cases. Dougan is not being accused of being a drunk, pill-popper, or mentally incompetent. His offense is being too pro-defendant in criminal cases for the tastes of Conley. This appears to becoming a trend of prosecutors seeking to remove judges or boycott (or in one case, arrest a judge) who rule too often against the prosecutors or police.
Continue reading ‘Boston District Attorney Demands Removal of Judge Viewed As Being Too Pro-Defendant in Criminal Cases’

Kansas Attorney Suspended After Driving Under the Influence of Drugs and Alcohol and Killing Bicyclist — and Then Leaving Scene of Accident

Published 1, April 19, 2011 Bizarre , Criminal law , Lawyering , Torts 16 Comments

Kansas attorney Marc A. Schultz has been suspended from practice due to a car accident that raised serious questions about his fitness for practice. Schultz will be sentenced for involuntary manslaughter after driving under the influence of alcohol in a fourth such violation, killing bicyclist Timothy Roberts, 55, (shown right below) and then leaving the scene of an accident. It is rare for an attorney to be suspended for an accident unrelated to the practice of law. However, the repeatedly DUI violations and leaving the scene raise obvious professional problems for Schulz — in addition to being a felony crime which results in automatic suspension.
Continue reading ‘Kansas Attorney Suspended After Driving Under the Influence of Drugs and Alcohol and Killing Bicyclist — and Then Leaving Scene of Accident’

Ambassador and Former Law Professor Doug Kmiec Steps Down After Criticism of His Anti-Abortion Advocacy

Published 1, April 18, 2011 International , Lawyering , Politics , Religion , Society 12 Comments

U.S. Ambassador and former law professor, Douglas Kmiec, has stepped down after a State Department report criticized him for spending too much time writing and speaking about his religious beliefs. Kmiec (who I know and personally like) is a conservative who supported Obama in the election and was rewarded with the position. The report stated that Kmiec spent too much time writing and speaking about abortion and too little in being an ambassador. Kmiec’s appointment occurred at a time when Obama was turning away from growing criticism by liberals — a trend that has only increased with time. Kmiec was a law professor at Pepperdine University and legal counsel to President Reagan and George H.W. Bush.

Continue reading ‘Ambassador and Former Law Professor Doug Kmiec Steps Down After Criticism of His Anti-Abortion Advocacy’

Gut Feeling: New York Belly Dancer Loses Alimony

Published 1, April 17, 2011 Bizarre , Courts , Justice , Lawyering , Society , Testimony 6 Comments

Submitted by Mark Esposito, Guest Blogger

Forty-three year old belly- dancer, Dorothy McGurk, has learned just how expensive internet dancing can be. Receiving $850.00 in monthly alimony due to a disability, the Staten Island resident was hauled before a county judge by her husband, Brian McGurk, who caught her dancing act on her blog and who now claims his ex-wife’s disability has actually “slip-sided away.”  

Continue reading ‘Gut Feeling: New York Belly Dancer Loses Alimony’

Former O’Connor Criticized for Political Activities While Continuing To Sit As Judge

Published 1, April 11, 2011 Constitutional Law , Courts , Lawyering , Politics 29 Comments

Retired Supreme Court Justice Sandra Day O’Connor is under fire for continuing her political advocacy while she continues to hear cases in U.S. appellate courts. In a prior column, I criticized the increasingly public and political profiles of current justices. O’Connor was viewed as a justice who, while on the court, maintained a “base” and an active speaking schedule. Various critics have now noted with good-faith concern that O’Connor is lending her name to political causes while sitting as a federal judge.
Continue reading ‘Former O’Connor Criticized for Political Activities While Continuing To Sit As Judge’

Monkey Trial II: Tenn. House Passes Bill Permitting Teachers To Teach The “Controversy” Over Evolution

Published 1, April 10, 2011 Bizarre , Lawyering , Politics , Religion , Science , Society 239 Comments

Submitted by Mark Esposito, Guest Blogger

Legendary actor Spencer Tracy Crosses Frederick March in "Inherit the Wind"

I guess it takes a few whacks to get things into the heads of the theocrats in Tennessee.  Eighty-six years after the famous “Scopes Monkey Trial” pitted Clarence Darrow, Esq., against William Jennings Bryan, Esq., in a classic cross-examination of opposing counsel that decimated the notion that teaching creationism was anything except the indoctrination of religion by public school officials, Tennessee legislators are at it again with a new version of the Butler Act. 

Continue reading ‘Monkey Trial II: Tenn. House Passes Bill Permitting Teachers To Teach The “Controversy” Over Evolution’

Former Judge and Prosecutor in Newark Confesses To Arranging False Confession By Innocent Man To Clear Career Criminal

Published 1, April 7, 2011 Criminal law , Lawyering , Society 141 Comments

Former prosecutor and judge Clifford J. Minor has confessed to taking a bribe, procuring a false confession, lying to investigators, and falsifying documents. Before serving as a prosecutor and a judge, Minor was a police officer. He later ran for mayor of Newark.
Continue reading ‘Former Judge and Prosecutor in Newark Confesses To Arranging False Confession By Innocent Man To Clear Career Criminal’

Michigan Lawyer Found To Have Rendered Ineffective Counsel After Allegedly Expressing Happiness Over Client’s Conviction

Published 1, April 7, 2011 Bizarre , Constitutional Law , Criminal law , Lawyering 23 Comments

There is an extraordinary ruling in Michigan where the Michigan Court of Appeals has found the defense attorney Susan Prentice-Sao rendered ineffective counsel to Jeffrey Gioglio, who was convicted of second-degree criminal sexual conduct. To her credit, prosecutor Christine Bourgeois raised concerns over the case after Pretice-Sao allegedly told her that she considered Gioglio guilty, held back on her defense, and expressed happiness with the verdict (stating “He’s toast” to the prosecutor).

Continue reading ‘Michigan Lawyer Found To Have Rendered Ineffective Counsel After Allegedly Expressing Happiness Over Client’s Conviction’

Former Nevada Bar Officials Sued Executive Director Over Alleged “Reign of Terror”

Published 1, April 5, 2011 Bizarre , Lawyering 4 Comments

There is a bizarre lawsuit in Nevada alleging that Bar Executive Director Kimberly Farmer has subjected her employees to “screaming attacks” and abuse that led to mistakes in grading the February 2010 bar exam — mistakes leading to people who flunked the bar being admitted into practice.
Continue reading ‘Former Nevada Bar Officials Sued Executive Director Over Alleged “Reign of Terror”’

University of Virginia Law Students Create Replica of Law School Out of Reject Letters

Published 1, April 5, 2011 Academics , Bizarre , Lawyering 7 Comments

This masterpiece is an exact replica of the University of Virginia Law School building made by law students . . . out of their rejection letters. I love law students.

Continue reading ‘University of Virginia Law Students Create Replica of Law School Out of Reject Letters’

Adoption Nightmare for Guatemalan Mother

Published 1, April 3, 2011 Constitutional Law , Courts , International , Justice , Lawyering , Society , Uncategorized 19 Comments

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 

A couple of months ago, my daughter recommended that I take a look at an adoption case that was just ruled on by the Missouri Supreme Court.  I did not have a chance to look at in-depth until recently and it is both interesting and heart wrenching.  It involves a Guatemalan immigrant mother whose baby was born in the United States while she was in the country illegally and the baby was adopted while the mother was in prison.  Thankfully, the Missouri Supreme court ordered a new adoption hearing which could still be another hurdle for the biological mother, but she now has a chance at regaining custody of her son.  Missouri Supreme Court Continue reading ‘Adoption Nightmare for Guatemalan Mother’

Florida Prosecutors Charge Leading Atheist Advocate With Unauthorized Practice of Law Due To The Use of Esquire

Published 1, April 1, 2011 Criminal law , Lawyering , Politics , Religion , Society 45 Comments

There is a disturbing case out of Florida where EllenBeth Wachs, 48, the legal coordinator for the Atheists of Florida had been arrested for unauthorized practice of law because she signed letters using “Esq.” for esquire.
Continue reading ‘Florida Prosecutors Charge Leading Atheist Advocate With Unauthorized Practice of Law Due To The Use of Esquire’

On the Lam: Indiana Prosecutor Resigns After Suggesting That Wisconsin Governor Fake Attack To Frame Unions

Published 1, March 25, 2011 Bizarre , Criminal law , Lawyering , Politics , Society 25 Comments

Indiana prosecutor Carlos Lam has resigned in a bizarre scandal where he admitted to sending an email to Wisconsin Gov. Scott Walker suggesting that he get a supporter to attack him to frame the unions and discredit their cause. While first denying that he sent the email, Lam eventually fessed up and resigned. Indiana prosecutors seem to be a bit obsessed with the union protests in Wisconsin. If you recall, we previously followed the case of Jeffrey Cox, a deputy attorney general, who was fired after reportedly suggesting the use of live ammunition against protesters.
Continue reading ‘On the Lam: Indiana Prosecutor Resigns After Suggesting That Wisconsin Governor Fake Attack To Frame Unions’

Obama Orders Limits on Miranda Rights For Domestic Suspects

Published 1, March 24, 2011 Congress , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society 40 Comments

President Obama has continued his attack on basic constitutional and legal principles with an astonishing new order that allows investigators to not only hold domestic terror suspects for longer periods but to deny them Miranda rights under a strained interpretation of the public safety exception. Obama had attempted to get this change from Congress but was rebuffed. He has now again adopted a tactic of his predecessor and acted unilaterally to trump recognized constitutional rights.
Continue reading ‘Obama Orders Limits on Miranda Rights For Domestic Suspects’

Wisconsin Conservative Justices Accused Of Adopting Ethics Rules Written By Corporate Lobbyists

Published 1, March 24, 2011 Courts , Lawyering , Politics 33 Comments

Recently, we saw how Wisconsin Justice David Prosser is running for reelection after calling Chief Justice Shirley Abrahamson a “total bitch.” Throwing aside notions of judicial decorum, Prosser has insisted that he meant every word, including his promise to “destroy” her. Now, it has been disclosed that Prosser and three of his fellow conservative justices voted to rejected an ethics rule barring them from hearing cases of major campaign contributors and then reportedly adopted a rule drafted by corporate lobbyists.
Continue reading ‘Wisconsin Conservative Justices Accused Of Adopting Ethics Rules Written By Corporate Lobbyists’

Billing for Briefs: Nacchio Sues Law Firm Over “Excessive” Fees and “Negligent” Defense

Published 1, March 24, 2011 Bizarre , Criminal law , Lawyering 11 Comments

Former Qwest Communications CEO Joseph Nacchio is suing Herbert Stern and his New Jersey law firm, Stern & Kilcullen LLC for overbilling and a “negligent” defense. Stern’s partner, Kevin Kilcullen, also was named as a defendant. Nacchio includes the allegations that the lawyers charged him for underwear. Please tell me this is a misunderstanding over the meaning of the term “briefs.”

Continue reading ‘Billing for Briefs: Nacchio Sues Law Firm Over “Excessive” Fees and “Negligent” Defense’

Nancy Grace Attacks The Weather

Published 1, March 24, 2011 Bizarre , Lawyering , Media , Science 22 Comments

CNN’s Nancy Grace has long been an embarrassment for many lawyers as a type of legal Glenn Beck. As noted in this column and prior blogs, Grace (who often refers to her work as a prosecutor) was repeatedly sanctioned for abuses and was viewed as something of a scandal in Alabama. Even in the face of lawsuits, CNN has kept her snarling, abusive show for the same reason Fox has kept Beck — in a blind pursuit of ratings without consideration for decent or journalistic values. This clip, however, shows that Grace not only can attack guests and savage constitutional rights — she feels equally competent to attack meteorologists over weather and science.
Continue reading ‘Nancy Grace Attacks The Weather’

Second Circuit Rejects Obama Administration’s Effort to Block Privacy Lawsuit

Published 1, March 22, 2011 Constitutional Law , Justice , Lawyering , Politics , Society 19 Comments

In a significant victory for civil libertarians and a loss for the Obama Administration, the Second Circuit has reinstated a lawsuit based on the unlawful warrantless surveillance programs launched by former President George W. Bush. The Obama Administration has been aggressively fighting to kill this privacy lawsuit as it has dozens of other lawsuits seeking judicial review of the unlawful program. The case is Amnesty v. Blair.

Continue reading ‘Second Circuit Rejects Obama Administration’s Effort to Block Privacy Lawsuit’

The Coronation of the One-Eyed Men: Two Former Bush Officials Are Reportedly Leading Contenders For Next FBI Director

Published 1, March 21, 2011 Constitutional Law , Criminal law , International , Justice , Lawyering , Politics , Society 132 Comments

Civil libertarians have long objected to the continuation (and in some cases the expansion) of Bush policies in the national security areas by President Barack Obama. Obama has blocked the investigation and prosecution of Bush officials for torture, renewed the military tribunal system, extinguished dozens of public interest lawsuits against telecommunication companies and agencies as well as other controversial moves. Now, two former Bush officials are considered leading contenders to take over the FBI despite their involvement in some of the worst abuses during the Bush Administration. They are James Comey and Kenneth Wainstein. As discussed below, they are a case of the coronation of the one-eyed man as King of the land of the blind.

Continue reading ‘The Coronation of the One-Eyed Men: Two Former Bush Officials Are Reportedly Leading Contenders For Next FBI Director’

Gullet’s Travels: How “Mark of Ireland” Got His Name

Published 1, March 20, 2011 Bizarre , International , Lawyering , Politics 11 Comments

Submitted By Mark Esposito, Guest Blogger

 

Col. T.E. Lawrence

Greetings from Dublin Ireland, the home of the most famous dean of St. Patrick’s Cathedral and author of Gulliver’s Travels, Jonathan Swift. Suzanne and I have embraced the Irish and the hug seems mutual. Dublin is caught up in the frenzy of the five-day Saint Patrick’s Day Festival and, even more so, with the spectacle of European Rugby’s version of the Super Bowl played yesterday at Aviva Stadium. The city is teaming with rugby fans from five other nations. We’ve met so many wonderful people here from our ever helpful doorman at the Brooks Hotel, Connor, to our favorite barkeeper, Pawel, to scores of others, all anxious to help two hopelessly lost American travelers. We’ve even met a Turley or two.

 

Continue reading ‘Gullet’s Travels: How “Mark of Ireland” Got His Name’

Ashcroft v. al-Kidd

Published 1, March 6, 2011 Constitutional Law , Courts , Criminal law , Justice , Lawyering , Supreme Court 31 Comments

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

I have been concerned lately about the Constitutional attacks that we have discussed here on Prof. Turley’s blog. One case that I have noticed lately received very minimal main stream media attention and it concerns a vitally important issue. This past week the ACLU argued a case in the Supreme Court that challenges the government’s use of the Federal material witness statute to pick-up and hold in detention an American citizen named al-Kidd who was arrested by Federal authorities in 2003 and detained for over two weeks without a charge. Continue reading ‘Ashcroft v. al-Kidd’

Justice Thomas’ Dangerous Conceit

Published 1, March 6, 2011 Congress , Constitutional Law , Courts , Lawyering , Media , Politics , Society , Supreme Court 50 Comments

Here is today’s column in the Los Angeles Times (Sunday) on the recent remarks from Justice Clarence following criticism for his disclosure violations and alleged conflicts of interest.
Continue reading ‘Justice Thomas’ Dangerous Conceit’

Stop The Torture of Pvt. Bradley Manning

Published 1, March 5, 2011 Constitutional Law , Courts , Criminal law , Justice , Lawyering , Military 157 Comments

 

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 

The nightmare started back in July of 2010.  Pvt. Bradley Manning was arrested and detained in the Brig at the Quantico Marine Base on allegations that he stole and then leaked classified documents to Wikileaks.  The conditions that Pvt. Manning has been held under have been outrageous from the start. He has suffered shackling, solitary confinement and he has not been allowed normal contact with visitors and the outside world.  His visitors have been denied access to him and now the latest humiliating tactic being used by the Department of Defense is to force Pvt. Manning to strip naked in his cell for hours!  Continue reading ‘Stop The Torture of Pvt. Bradley Manning’

No, No, No, You Silly Drunk: Drink First Then Take Field Test

Published 1, March 5, 2011 Bizarre , Courts , Criminal law , Lawyering 21 Comments

Submitted By Mark Esposito, Guest Blogger

Stephen Supers of  Elyria, Ohio can’t seem to get anything straight. Pulled for speeding, the 25-year-old gave the arresting officer the distinct impression  he was DUI. After failing several field sobriety tests, the alleged offender confirmed the officer’s suspicion and calmed his nerves by slamming back a beer he conveniently had stashed in his car. A subsequent search of the car revealed some other goodies like marijuana. (Quite the mobile pharmacy, you have there, Stephen– allegedly) 

Continue reading ‘No, No, No, You Silly Drunk: Drink First Then Take Field Test’

English Woman Receives Damages for Paralyzing Fall at 33 Years in India

Published 1, March 4, 2011 Bizarre , Courts , International , Lawyering 1 Comment

This story caught my eye on Reddit because last night I went to a dinner in Milwaukee and discussed how it still takes decades for a civil case to be brought to verdict in India — a huge barrier to businesses and firms in that country. As a demonstration of the problem, it took 33 years for an indian court to award $1 million to Susan Leigh Beer for a fall that paralyzed her on a dirty floor at a pool at the Akbar Hotel in Delhi.

Continue reading ‘English Woman Receives Damages for Paralyzing Fall at 33 Years in India’

LawDragon Selects Top 500 Lawyers

Published 1, March 3, 2011 Lawyering 41 Comments

LawDragon has released the results of its increasingly popular survey of the top lawyers in America. I was fortunate to again make the list this year.
Continue reading ‘LawDragon Selects Top 500 Lawyers’

Mistrial Declared in New York After Juror Suddenly Announced That She Previously Saw The Defendant . . . Dragging The Victim Across a Bridge

Published 1, March 2, 2011 Bizarre , Criminal law , Lawyering 7 Comments

We all wait in our careers for that Perry Mason moment that never comes in a trial . . . when someone stands up in the court and screams “Yes, I did it!” One lawyer in the trial of Earl Berry, 40, came close in a real plot twist. On the second day of the trial, a juror announced she had previously seen the defendant . . . dragging the victim across a bridge.

Continue reading ‘Mistrial Declared in New York After Juror Suddenly Announced That She Previously Saw The Defendant . . . Dragging The Victim Across a Bridge’

Thomas Condemns His Critics As Undermining The Supreme Court

Published 1, February 28, 2011 Bizarre , Justice , Lawyering , Media , Politics , Society , Supreme Court 87 Comments

Supreme Court Justice Clarence Thomas has reportedly unleashed an attack on his critics for his violations of disclosure laws and alleged conflicts of interest. He warned law students that these critics are “undermining” the Court and endangering the country by weakening core institutions. As one of those critics, I am flabbergasted by Thomas’ remarks which show an implied disregard that seems to have now reached open contempt for certain principles of judicial ethics. There is not a hint of concern for his own conduct and how it has undermined the Supreme Court as an institution. For a prior column, click here

Continue reading ‘Thomas Condemns His Critics As Undermining The Supreme Court’

Lawyers Using Groupon – Ethical?

Published 1, February 27, 2011 Lawyering , Media 10 Comments

-Submitted by David Drumm (Nal), Guest Blogger

We have previously discussed the law firm with the drive-thru window, here. That notion seems upscale compared to law firms using Goupon. Groupon (group coupon) is a deal-of-the-day website that can determine your computer’s location through it’s IP address and offer you discounts on goods and services in your area. If enough people sign up for the deal, it becomes available. If the predetermined minimum is not reached, no one gets the deal. Groupon makes money by keeping approximately half of the cost of the deal.

Groupon recently turned down a rumored $6 billion buy-out offer from Google.

Continue reading ‘Lawyers Using Groupon – Ethical?’

Delaware Supreme Court Overturns Ruling That Movie Announcement to Turn Off Cellphones Was Racist

Published 1, February 23, 2011 Constitutional Law , Courts , Lawyering , Society 12 Comments

There is an interesting case out of Delaware where the Supreme Court overturned a decision by the state Human Relations Commission that the manager of a Dover cinema, David Stewart, was racist for asking people in a largely black movie audience to turn off their cellphones and refrain from talking during the movie. What is most interesting is the individual who appears to have helped organize the complaint to the Human Relations Commission. The decision also overturned the $80,000 fine against the Carmike 14 Theater. The case is Boggerty v. Stewart, 2011 Del. LEXIS 108 (Feb. 17, 2011)
Continue reading ‘Delaware Supreme Court Overturns Ruling That Movie Announcement to Turn Off Cellphones Was Racist’

Judge Accused of Misconduct Ranging From Pulling Gun To Flushing Evidence

Published 1, February 10, 2011 Bizarre , Courts , Lawyering , Society 14 Comments

The Atlanta Constitution is reporting on a bizarre case against Catossa County magistrate Anthony Peter who is accused of a rather impressive list of acts of misconduct ranging from smoking pot to flushing a cellphone intentionally down a toilet to pointing a gun at his own head.

Continue reading ‘Judge Accused of Misconduct Ranging From Pulling Gun To Flushing Evidence’

Profit From Behind The Supreme Court Bench?

Published 1, February 6, 2011 Constitutional Law , Courts , Justice , Lawyering , Politics , Supreme Court 31 Comments

Submitted By Lawrence Rafferty, (rafflaw), Guest Blogger

I will be honest. I am not a big fan of Supreme Court Justice Clarence Thomas and as of late, I have had the same less than positive feelings about his wife, Virginia Thomas.  According to a recent Think Progress article, Justice Thomas’ vote on the Citizens United case has allowed his wife’s “consultant” company to profit by educating its customers on the best political causes to invest, I mean, donate to .

Continue reading ‘Profit From Behind The Supreme Court Bench?’

Alabama Judge Pulls Gun On Violent Defendant

Published 1, February 4, 2011 Bizarre , Criminal law , Lawyering , Society 250 Comments

Alabama Municipal Judge Carlton Teel is packing more than legal principles under his robe. When a defendant Brian (Bryant) Keith Ford reacted badly to a sentence and started swinging his crutches at the judge, Teel whipped out a gun and then a deputy shot Ford in the side.

Continue reading ‘Alabama Judge Pulls Gun On Violent Defendant’

Court: Judge Allowed To Speak Publicly Against Federal Law and “Institutionalized Racism”

Published 1, February 4, 2011 Courts , Lawyering , Politics , Society 18 Comments

Ninth Circuit Chief Judge Alex Kozinski (left) has written an order (below) absolving a magistrate judge (believed to be Magistrate Judge Edward Chen) of ethical charges after he spoke out publicly against “institutionalized racism” and the criminalization of immigration laws.
Continue reading ‘Court: Judge Allowed To Speak Publicly Against Federal Law and “Institutionalized Racism”’

Cuccinelli To Seek Expedited Review By Supreme Court on Health Care — Bypassing The Fourth Circuit

Published 1, February 3, 2011 Congress , Constitutional Law , Lawyering , Politics , Society 29 Comments

Virginia Attorney General Ken Cuccinelli announced this morning that he will file a Petition for Certiorari Before Judgment today requesting that the U.S. Supreme Court review the Commonwealth v. Sebelius decision without waiting for a ruling from the United States Court of Appeals for the Fourth Circuit.

Continue reading ‘Cuccinelli To Seek Expedited Review By Supreme Court on Health Care — Bypassing The Fourth Circuit’

Redskins Owner Threatens Newspaper With Libel Suit After Unflattering Article

Published 1, February 3, 2011 Constitutional Law , Courts , Lawyering , Politics , Society 20 Comments

Dan Snyder is reportedly planning a defamation action against Washington’s City Paper for a scathing story about his controversial time as owner of the Washington Redskins. The case could prove an interesting battle over first amendment rights and defamation law.

Continue reading ‘Redskins Owner Threatens Newspaper With Libel Suit After Unflattering Article’

The Ford Pinto Act: Is The White House Claim of “Activism” Fair?

Published 1, February 3, 2011 Congress , Constitutional Law , Courts , Lawyering , Politics , Religion , Society , Supreme Court , USA Today 19 Comments

Here is my column in USA Today (which was posted yesterday but will run in print on Monday) on the charge that Judge Vinson is an activist after his striking down of the entire health care plan. While I did not view the opinion as particularly strong in its substantive analysis and did not like the rhetoric flourishes (as discussed with Lawrence O’Donnell this week), I find the charge of activism to be a bit forced over the issue of severability.
Continue reading ‘The Ford Pinto Act: Is The White House Claim of “Activism” Fair?’

Playing It Straight: LPGA’s “Female By Birth” Rule Challenged

Published 1, January 29, 2011 Constitutional Law , Courts , Justice , Lawyering , Society , Torts 73 Comments

Submitted by Mark Esposito, Guest Blogger

California professional golfer (and former police officer) Lana Lawless is challenging the LPGA’s rule requiring tournament participants to be “female by birth.”  The LPGA has ruled, according to Lawless, that as a transgender woman, she is ineligible to compete. The rule seems to fly directly in the face of California’s Unruh Law which holds that all people in the state are “free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.”

Continue reading ‘Playing It Straight: LPGA’s “Female By Birth” Rule Challenged’

Florida Bar Files Complaint

Published 1, January 29, 2011 Lawyering , Religion 15 Comments

-Submitted by David Drumm (Nal), Guest Blogger

The Florida Bar has filed a complaint with the Florida Supreme Court against attorney John Stemberger, accusing him of violating legal rules of conduct regarding his handling of the Rifqa Bary case. Rifqa Bary was the Muslim girl who converted to Christianity and then ran away from her Ohio home claiming that she was an intended victim of an honor killing. She was returned to Ohio and placed into the custody of Franklin County Children Services, until her 18th birthday on 10 August 2010.

She became a cause célèbre for right wing evangelicals.

Continue reading ‘Florida Bar Files Complaint’

Court: Rahm Emanuel Not Eligible to Run for Mayor

Published 1, January 24, 2011 Lawyering , Media , Politics , Society 156 Comments

Just when he probably thought that it could not get much worse than losing to the Packers in a home game, Rahm Emanuel has lost his fight to get on the ballot. The court just ruled that he is ineligible.

Continue reading ‘Court: Rahm Emanuel Not Eligible to Run for Mayor’

Scalia and the Rise of the Celebrity Justice: Should Justices Have a Political Base?

Published 1, January 23, 2011 Congress , Courts , Justice , Lawyering , Media , Politics , Society , Supreme Court 31 Comments

Here is today’s column in the Washington Post on the controversy over Justice Scalia’s appearance on Monday in a Tea Party Caucus event for new House members. I view the issue as having broader implications for the Court.
Continue reading ‘Scalia and the Rise of the Celebrity Justice: Should Justices Have a Political Base?’

Justice Thomas Accused of Reporting Violations

Published 1, January 21, 2011 Congress , Constitutional Law , Courts , Justice , Lawyering , Media , Politics , Society 38 Comments

Common Cause has sent the letter below to Justice Clarence Thomas raising concerns over his failure to report his wife’s income in prior years. For full disclosure, I have conferred with Common Cause on this nondisclosure issue and participated as an independent expert in the press conference yesterday on the absence of binding ethics rules for the members of the Supreme Court.

Continue reading ‘Justice Thomas Accused of Reporting Violations’

Should Scalia and Thomas Be Retroactively Recused From Citizens United?

Published 1, January 20, 2011 Congress , Constitutional Law , Courts , Justice , Lawyering , Media , Politics , Society , Supreme Court 57 Comments

I just participated in a press conference (with Stanford Professor Deborah Rhode) dealing with Common Cause’s letter (below) asking the Justice Department to look into alleged conflicts of interest related to Justices Scalia and Thomas in the Citizens United case. Common Cause identified extremely serious issues related to the participation of Scalia and Thomas in events organized by Koch Industries CEO Charles Koch as well as Ginny Thomas’ involvement in Liberty Central.

Continue reading ‘Should Scalia and Thomas Be Retroactively Recused From Citizens United?’

“Spiritual Corruption”: Chávez Jails Judge Who Granted Bail To Banker

Published 1, January 17, 2011 Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Politics 29 Comments

Hugo Chávez continues his assault on political and legal protections in Venezuela. In a move that has been denounced internationally, including by Amnesty International, Chávez demanded the arrest of Judge María Lourdes Afiuni after she granted bail to an accused banker. He is demanding 30 years in prison even though his prosecutors could find no bribe (as he originally alleged on the radio). Instead, they found “spiritual corruption” and threw her in jail with many convicts that she previously incarcerated.
Continue reading ‘“Spiritual Corruption”: Chávez Jails Judge Who Granted Bail To Banker’

Texas Judge Clears Attorneys After Judge McBryde Refers Them For Possible Criminal Prosecution After They Sought His Removal From Case

Published 1, January 13, 2011 Courts , Criminal law , Lawyering , Media 14 Comments

U.S. District Judge John McBryde of Fort Worth, Texas has issued a massive opinion holding attorneys S. Tracy Long, Melvin K. Silverman, Joseph F. Cleveland, Jr., and John P. Gillig liable for ethical breaches and recommending criminal prosecution after they challenged his impartiality and temperament in a case. The lengthy opinion below details the case against the lawyers in litigation over golf club patents. What is most striking about the case is the decision of the judge to conduct the inquiry himself — rejecting obvious concerns over his own conflict of interest in eliciting testimony on his own conduct. [See the update below]

Continue reading ‘Texas Judge Clears Attorneys After Judge McBryde Refers Them For Possible Criminal Prosecution After They Sought His Removal From Case’

Court Dismisses Defamation Lawsuit by Lawyer Against Prosecutor

Published 1, January 11, 2011 Bizarre , Lawyering , Media , Society , Torts 11 Comments

In Kentucky, Kenton Circuit Court Judge Martin Sheehan has put an end to a relatively rare case of a lawyer suing a prosecutor for defamation. The lawsuit by lawyer (and radio personality) Eric Deters against Kenton Commonwealth’s Attorney Rob Sanders was thrown out on the basis that comments made about Deters were merely opinion.

Continue reading ‘Court Dismisses Defamation Lawsuit by Lawyer Against Prosecutor’

The Hair of the Dog That Bit You: Man Faces His Own Dog in Murder Trial

Published 1, January 10, 2011 Animals , Bizarre , Criminal law , Environment , Lawyering 9 Comments

Michael Haydon, 44, is having a Perry Mason moment. Just as his case appeared unwinnable for the prosecutors, a surprise witness has popped up in court . . . his best friend . . . his German shepherd, Boomer. The Court has ruled that prosecutors in Wisconsin may introduce DNA evidence from his dog at his upcoming murder trial.
Continue reading ‘The Hair of the Dog That Bit You: Man Faces His Own Dog in Murder Trial’

Scalia Publicly Rejects the Use of the 14th Amendment to Bar Discrimination Against Women and Gays

Published 1, January 6, 2011 Constitutional Law , Courts , Lawyering , Media , Politics , Society 122 Comments

While the legal profession debates the propriety of his decision to participate in the educational sessions for conservative new members of Congress, Associate Justice Antonin Scalia is also causing a stir over his public statement that the 14th Amendment does not prohibit discrimination against women or gays.
Continue reading ‘Scalia Publicly Rejects the Use of the 14th Amendment to Bar Discrimination Against Women and Gays’

Vermont Supreme Court Decides Not To Disbar Former Traffic Court Judge Who Caused Accident with Biker, Left Scene of Accident, Falsely Blamed Wife, and Gave False Statement To Police

Published 1, January 4, 2011 Bizarre , Criminal law , Lawyering , Politics , Society 19 Comments

Vermont lawyer Melvin Neisner Jr. has been suspended but not disbarred after he caused a car accident in September 2007 and then had his wife falsely claim that she was the driver — even watching as she was arrested and charged with the accident.

Continue reading ‘Vermont Supreme Court Decides Not To Disbar Former Traffic Court Judge Who Caused Accident with Biker, Left Scene of Accident, Falsely Blamed Wife, and Gave False Statement To Police’

Is It Relevant Whether Casey Anthony Was “Clingy”

Published 1, January 3, 2011 Constitutional Law , Criminal law , Lawyering , Society 5 Comments

The court in the trial of Casey Anthony has been asked to bar questions over her sex life and habits. She is accused of killing her 2-year-old daughter Caylee. Police have gathered evidence on such facts as whether she was “clingy” after sex or had unprotected sex.

Continue reading ‘Is It Relevant Whether Casey Anthony Was “Clingy”’

Uncivil Action: Florida Lawyers Sanctioned for Email Exchanges

Published 1, January 3, 2011 Bizarre , Courts , Lawyering 15 Comments

I just saw this story on ABA Journal as a cautionary warning to those lawyers who allow their emotions to get ahead of their judgment. Two Florida lawyers — Nicholas Mooney and Kurt Mitchell — have been sanctioned for an exchange of emails that included such notable comments as one calling the other a “scum sucking loser.” The state supreme court was not amused.

Continue reading ‘Uncivil Action: Florida Lawyers Sanctioned for Email Exchanges’

Hope Over Experience: Kelsey Grammer Preparing for $50 Million Divorce Payout To Third Wife While Refusing Pre-Nup With Fourth Wife To Be

Published 1, December 30, 2010 Bizarre , Courts , Lawyering , Society 55 Comments

It is becoming abundantly clear why Kelsey Grammer did not play a lawyer on television. The Frasier star is about to divorce his third wife, Camille Donatacci, who reportedly refused a $30 million settlement because it did not include child support or alimony. He did not have a prenup. However, Grammer, 55, wants to hurry along the divorce so he can marry his fourth wife, 29-year-old Kayte Walsh. However, he is again refusing to do a pre-nup because he is certain this time that they are meant for each other. The case is a textbook account of the limits on lawyers being able to protect clients from themselves.
Continue reading ‘Hope Over Experience: Kelsey Grammer Preparing for $50 Million Divorce Payout To Third Wife While Refusing Pre-Nup With Fourth Wife To Be’

China Cuts Off Access Of Lawyers to Leading Human Rights Advocate

Published 1, December 26, 2010 Constitutional Law , Courts , Criminal law , International , Lawyering , Media , Politics 45 Comments

The Chinese government has cut off access of lawyers to leading human rights advocate, Liu Xianbin, 42. He was charged in June for subversion for “incitement to subvert state power” for his articles that included his reflections on the 1989 Tiananmen Square protests and the arrest of Nobel Peace Prize winner Liu Xiaobo.
Continue reading ‘China Cuts Off Access Of Lawyers to Leading Human Rights Advocate’

Justice Delayed is a Judicial Vacation Denied: Judge Orders All-Nighter For Jury in Murder Case To Accomodate Her Vacation Plans

Published 1, December 24, 2010 Bizarre , Courts , Criminal law , Lawyering , Politics , Society 10 Comments

Some judges are lionized for their record of moving cases along. Nevada judge Valerie Vega, however, is being ridiculed when she pushed jurors to work through the night in a murder case so that the trial would not interfere with her vacation plans. It appears that things that happen with Vegas do not stay with Vega.
Continue reading ‘Justice Delayed is a Judicial Vacation Denied: Judge Orders All-Nighter For Jury in Murder Case To Accomodate Her Vacation Plans’

Justice Merely Blind, Not Heartless During Holiday Season

Published 1, December 22, 2010 Courts , Justice , Lawyering , Society , Uncategorized 17 Comments

Submitted by Mark Esposito, Guest Blogger

An Ohio Judge and two public defenders are in the Spirit. Hearing the plight of a formerly homeless woman attempting to expunge her record of a minor felony, the three came up with the $57.00 needed to pay her restitution and allow the Cleveland native a new lease on life. Said Judge Timothy McCormick, “it seemed like the easiest and best thing to do, especially given the season.” Amen.

Source: msnbc.com

~Mark Esposito, Guest Blogger

Arizona Lawyer Suspended For Relationship With Client and Misrepresentations in His Case

Published 1, December 22, 2010 Bizarre , Criminal law , Lawyering 8 Comments

The Arizona state supreme court has suspended attorney Cynthia Leyh over a conflict of interest and other misconduct in her representation of her convicted boyfriend, Walter Stringer.

Continue reading ‘Arizona Lawyer Suspended For Relationship With Client and Misrepresentations in His Case’

Misinformation Campaign Alleged in ABA Journal Competition

Published 1, December 21, 2010 Bizarre , Lawyering , Media , Politics , Society 55 Comments

Well, our friend Lottakatz has certainly stirred up a hornet’s nest. Various posters on the blog have contacted me about the sudden surge of over 100 votes on Legal Satyricon to take it from just 15 votes to the lead in the ABA competition. There was a surge of over 100 votes in less than an hour. I have discouraged (and even deleted) a few postings on the issue to keep the matter civil. After all, this is just a fun distraction for bloggers and we tend to have more fun than most. However, with some sleuthing, Lottakatz appears to have found a campaign of misinformation on pro-gun sites where an alleged regular on LS claims that I am a leading anti-gun advocate. The false representation promptly made opposition to our blog as cause celebre for gun rights advocates. Given the emails from our regulars, I wanted to address the controversy.
Continue reading ‘Misinformation Campaign Alleged in ABA Journal Competition’

Pre-Trial Jury Nullification? Potential Jurors in Montana Excused After They State That They Would Not Convict On Possession of Small Amount of Marijuana

Published 1, December 20, 2010 Bizarre , Criminal law , Lawyering , Society 44 Comments

We often discuss jury nullification in class, but usually such a controversial decision to refuse to convict someone on clear evidence of guilt comes at the end of a trial. Not in Montana this month when potential jurors announced that they would not convict a person of possession of a small amount of marijuana regardless of the evidence. In polling the potential jurors, District Judge Dusty Deschamps found only 5 of 27 were willing to convict someone on a small possession of pot.
Continue reading ‘Pre-Trial Jury Nullification? Potential Jurors in Montana Excused After They State That They Would Not Convict On Possession of Small Amount of Marijuana’

California Judge Orders Special Meals For Inmate To Celebrate “Festivus”

Published 1, December 17, 2010 Bizarre , Criminal law , Lawyering , Society 8 Comments

When Malcolm Alarmo King went to Theo Lacy jail in Orange County, he was shocked by the menu: salami sandwiches. A fit former model, King demanded a healthier meal. At the suggestion of his attorney, Fred Thiagarajah, he claimed double portions of kosher (non-salami) meals as part of his belief in Festivus — made famous by a “Seinfeld” episode. To surprise of many, Judge Derek G. Johnson agreed and ordered the special meals to celebrate Festivus.

Continue reading ‘California Judge Orders Special Meals For Inmate To Celebrate “Festivus”’

Attorney Claims Wife’s Lover Arrested Him and Planted Drugs in Failed Frame Up

Published 1, December 17, 2010 Bizarre , Criminal law , Lawyering 14 Comments

Attorney Robert Yousefian has brought suit against two Glendale (Cal.) police officers and his estranged wife in a case that reads like a made-for-tv movie. Yousefian was arrested on drug and assault charges by Glendale Police Officer Michael Lizarraga, whom was allegedly having an affair with Yousefian’s wife. He was prosecuted and acquitted of all charges and claims that his wife, Lizarraga, and police Det. Petros Kmbikyan conspired to set him up.

Continue reading ‘Attorney Claims Wife’s Lover Arrested Him and Planted Drugs in Failed Frame Up’

Former Police Officer Sent to Prison After Sexually Assaulting Illegal Immigrants

Published 1, December 17, 2010 Bizarre , Criminal law , Lawyering , Society 9 Comments

Former Anaheim police officer Bradley Stewart Wagner, 62, is going to jail for four years after pleading guilty to sexual assaults against various women. His chosen victims were illegal immigrants whom he threatened to deport if they did not have sex with him.

Continue reading ‘Former Police Officer Sent to Prison After Sexually Assaulting Illegal Immigrants’

Rand E. Prosecutor: Oregon D.A. Sent To Jail Over Pressuring Women For Sexual Favors

Published 1, December 16, 2010 Bizarre , Criminal law , Lawyering , Society 12 Comments

There is a bizarre case in Oregon where a prosecutor has been sentenced to jail for allegedly seeking sex from a woman in a child-support case. Rand E. Overton, Lincoln County deputy district attorney, agreed to a plea deal involving statements made to a women seeking child-support. In a rare sentencing, Overton will actually go to jail for 30 days for the statements and receive two years probation.

Continue reading ‘Rand E. Prosecutor: Oregon D.A. Sent To Jail Over Pressuring Women For Sexual Favors’

The Curious Death of George Wythe: “I Am Murdered!”

Published 1, December 12, 2010 Academics , Bizarre , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society , Testimony 16 Comments

Submitted by Mark Esposito, Guest Blogger

Author’s note: This is my third submission about events of historical significance following pieces about George Washington and The Boston Tea Party. It is quite lengthy and for that I apologize, but the story and the people involved are both larger-than-life and fascinating. I hope you enjoy reading  this history as much as I do writing about it.

Clutching the mahogany bannister of his elegant  home located in the Shockoe neighborhood of Richmond’s River District, the old man haltingly descended the steps. Sweating profusely, and  doubling up in pain, he could not even summon the energy to cry out. Almost falling numerous times, the  ‘father of American  jurisprudence,”  finally reached the kitchen only to find his freed-slave housekeeper, Lydia Broadnax, and her son, Michael Brown, writhing in distress and afflicted with the same intestinal ailment. Hours later when one of the triumvirate of Richmond’s elite medical establishment would arrive, the Judge would purposefully sit-up in his bed to declare, ”I am murdered.” It was May 25, 1806. Fourteen agonizing days and numerous repetitions of the charge later, that prediction would come true.

Continue reading ‘The Curious Death of George Wythe: “I Am Murdered!”’

Get Lost, Get Cold, Get Drunk, Get Acquitted

Published 1, December 11, 2010 Bizarre , Courts , Criminal law , Justice , Lawyering , Society , Testimony 6 Comments

Thomas Drummond is a resourceful fellow. Driving in the unfamiliar wilds of southeastern Missouri, Drummond spun out on icy roads and ended up in culvert. In his last-”ditch” effort to notify someone of his plight, he texted his girlfriend about the accident around 2:00 a.m., but, in a curious omission, forgot to tell her the location.  Two hours later, a soused (0.148 BAC) Drummond was found by the highway patrol and promptly arrested for operating a motor vehicle while under the influence of alcohol.

Continue reading ‘Get Lost, Get Cold, Get Drunk, Get Acquitted’

Tennessee Judge Reprimanded For Waiting 11 Years To Rule On Case

Published 1, December 6, 2010 Bizarre , Courts , Lawyering , Society 16 Comments

Circuit Court Judge F. Lee Russell in Shelbyville, Tenn., clearly does not get that whole “justice delayed is justice denied” thing. Russell has been reprimanded for “excessive delay” after he waited nearly 11 years to rule on a case.
Continue reading ‘Tennessee Judge Reprimanded For Waiting 11 Years To Rule On Case’

THE PORTEOUS IMPEACHMENT: THE CLOSING ARGUMENTS TO BE HEARD ON TUESDAY

Published 1, December 6, 2010 Academics , Congress , Constitutional Law , Criminal law , Lawyering , Politics , Society 19 Comments

The United States Senate will convene with all 100 members on Tuesday, December 7th for the final arguments in the impeachment of Judge G. Thomas Porteous. Our weekend crew of contributors has agreed to keep the shop going until after the final vote — likely on Wednesday, December 8th.
Continue reading ‘THE PORTEOUS IMPEACHMENT: THE CLOSING ARGUMENTS TO BE HEARD ON TUESDAY’

A Good Offense is The “Breast” Defense

Published 1, December 4, 2010 Bizarre , Courts , Criminal law , International , Justice , Lawyering , Science , Testimony 100 Comments

Defense Exhibit A -Serena Kozakura

We’ve seen on this blog how lack of girth can be a “Get-Out-Of-Jail-Free” card for some folks. Can the “Bust Defense” to crimes be far behind? Well, it’s here now—just a tad east. Tokyo pinup model, Serena Kozakura, won her 2008 criminal case using her 44′s. No violence involved, just a little physics to prove that she was unable to fit through a hole. Seems our buxom lassie was charged with breaking into the home of an ex-boyfriend to confront the man about seeing another woman. When the hole in the man’s “kicked-in” door was measured it was determined that  Kozakura’s 44 inch bust would not fit the space. The trial court convicted her anyway rejecting the OJ “if it doesn’t fit ….” defense, but an appeals court reversed.

Continue reading ‘A Good Offense is The “Breast” Defense’

Wikileaks: Obama Administration Secretly Worked To Prevent Prosecution of War Crimes By The Bush Administration

Published 1, December 2, 2010 Criminal law , International , Justice , Lawyering , Politics , Society 205 Comments

One of the little reported details from the latest batch of Wikileaks material are cables showing that the Obama Administration worked hard behind the scenes not only to prevent any investigation of torture in the United States but shutdown efforts abroad to enforce the Geneva Conventions and the Convention Against Torture. This includes threatening the Spanish that, if they did not derail a judicial investigation, it would have serious consequences in bilateral relations. I discussed these cables on Countdown.
Continue reading ‘Wikileaks: Obama Administration Secretly Worked To Prevent Prosecution of War Crimes By The Bush Administration’

U.S. Copyright Group Sues Attorney Who Published Self-Help Guide For Laypersons Defending Themselves in Copyright Cases

Published 1, December 1, 2010 Bizarre , Courts , Lawyering , Media , Society 13 Comments

The U.S. Copyright Group has long been criticized for its tactics in pursuing people for copyright infringement of movies or music. Critics charge that USCG coerces people to settle for thousands of dollars to avoid high litigation costs and penalties. USCG sues thousands of people in a given year to force such settlements in what is legitimately described as a factory operation by Dunlap, Grubb and Weaver. One attorney, Graham Syfert, says he tried to even the playing field by publishing a “self-help” guide on how laypersons can fight USCG. The attorneys at USCG reportedly responded by suing Syfert.

Continue reading ‘U.S. Copyright Group Sues Attorney Who Published Self-Help Guide For Laypersons Defending Themselves in Copyright Cases’

Top 100: ABA Top Blog Competition Begins

Published 1, November 29, 2010 Academics , Animals , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Environment , International , Justice , Lawyering , Media , Military , Politics , Religion , Science , Society , Supreme Court , Testimony , Things That Tick Me Off , Torts , Uncategorized , USA Today 134 Comments

It is that time of the year for our annual blawgletting — the ABA top blog competition. We have once again been selected as one of the top 100 legal blogs (of over 3000) and nominated for the IMHO (opinion) category and it is time to release our minions upon the field of blog battle. Vote here to defend our way of life and the future of the planet.

Continue reading ‘Top 100: ABA Top Blog Competition Begins’

Take My Scalia, Please!

Published 1, November 27, 2010 Bizarre , Courts , Justice , Lawyering , Supreme Court 17 Comments

Just ran across this gem. Who is the funniest Supreme Court Justice? A 2005 study reported in the New York Times has the answer. Boston University Professor J.D. Wexler has conducted a survey of the transcripts of  SCOTUS oral arguments, and … drum roll, please … Justice Antonin Scalia is the semi-official “Court Jester,” with 77 laughs. Justice Stephen Breyer came in second with 45, and Justice Ginsburg quipped in just four laughs. Bringing up the rear was the “Harpo Marx” of the troupe, Justice  Clarence Thomas, who added zero Continue reading ‘Take My Scalia, Please!’

Poor Bathroom Etiquette: Pregnant Woman PO’ed Over Denial of Bathroom Privileges

Published 1, November 27, 2010 Bizarre , Courts , Justice , Lawyering , Things That Tick Me Off , Torts 13 Comments

Long Island resident, Lindsay Ekizian, has filed an interesting case in Manhattan (NY) Supreme Court alleging that the Hammerstein Ballroom callously failed to allow her use of its restroom. The 35 weeks along mother-to-be asked politely if she could use the bathroom as she was filing out of the establishment after seeing a comedy act. Rebuffed at first, she explained to the manager that she was pregnant (wonder why that needed to be explained) and was in desperate need. “There’s a bathroom at the end of the block,” came the compassionate reply according to the plaintiff. Unable to make it to the nearby diner, Ms. Ekizian suffered an indignity best left to the imagination.  Not sure of the theory of liability (intentional infliction emotional distress?), but if there ever was a case with jury appeal here it is.

Source: New York Post

–Mark Esposito, Guest Blogger

Hold the Fries: Did Burger Joint Get Raw Deal on Moby Dick Nuisance?

Published 1, November 15, 2010 Bizarre , Lawyering , Society , Torts 23 Comments

Steptoe & Johnson has prevailed against a burger restaurant, Rogue States, after the law firm complained that the fumes from the restaurant made them all smell like short-order cooks. Indeed, one of the firm’s “rainmakers” even reportedly threatened to resign from the firm if the burger smells were not removed from his office. D.C. Superior Court judge John Mott ruled that Rogue States was indeed responsible for a nuisance and must either abate the odors or close down.

Continue reading ‘Hold the Fries: Did Burger Joint Get Raw Deal on Moby Dick Nuisance?’

Say It Is So, Joe!

Published 1, November 14, 2010 Criminal law , Justice , Lawyering , Things That Tick Me Off , Uncategorized 20 Comments

Arizona Sheriff Joe Arpaio has been the right-wing poster boy for tough law enforcement. Subjecting his prisoners to spoiled food, tent villages in scorching heat, pink underwear, and then launching criminal investigations against public officials who challenged him just added to his “Walking Tall,” tough-cop credentials among his backers. He also is the moving force behind Arizona’s tough anti-immigration law backing Governor Jan Brewer in her “Show Me Ze Papers” campaign against Mexican immigrants.  Now it seems the worm has turned, and Maricopa County officials are wondering why Arpaio needs to keep two sets of books.

Continue reading ‘Say It Is So, Joe!’

Seventh Circuit Allows “Death By Taser” Suit to Proceed

Published 1, November 13, 2010 Courts , Justice , Lawyering , Science , Society , Torts 14 Comments

Reversing a lower court grant of summary judgment, the U.S. Seventh Circuit Court of Appeals has allowed a Wisconsin couple’s “Death by Taser” suit to proceed to trial against the police and Town and Village of Mukwonago, Wisconsin. Their son, 29-year-old, Nickolos Cyrus, suffered from a bipolar disorder and schizophrenia, and was well-known to the police for prior delusional — but non-criminal — episodes. When the young man was reported missing, police located him on a construction site. His parents allege that Nickolos was passive, unarmed, and had no history of violence such that multiple taser shocks would be needed to subdue him. The police respond that multiple taserings were a reasonable use of force under the circumstances and that his death was unforeseen.

Continue reading ‘Seventh Circuit Allows “Death By Taser” Suit to Proceed’

Obama Fights To Preserve Don’t Ask, Don’t Tell Before Supreme Court

Published 1, November 11, 2010 Bizarre , Congress , Constitutional Law , Criminal law , Justice , Lawyering , Military , Politics , Society 65 Comments

President Barack Obama continued his effort to preserve the “don’t ask, don’t tell” policy in a filing before the United States Supreme Court. A trial court had imposed an injunction to halt the discriminatory policy. The Administration could have allowed the injunction to stand pending an appeal but succeeded in getting the order reversed. Now, it is defending its intention to continue to discriminate against gays and lesbians in an appeal to the Supreme Court.

Continue reading ‘Obama Fights To Preserve Don’t Ask, Don’t Tell Before Supreme Court’

The Porteous Impeachment: Post-Trial Brief

Published 1, November 10, 2010 Academics , Congress , Constitutional Law , Courts , Lawyering , Politics , Society 28 Comments

We have filed our post-trial brief in the Senate Impeachment Trial of United States District Court Judge Thomas Porteous. The brief, linked below, presents the factual record on each of the articles of impeachment after the conclusion of the Senate trial. We are expecting final arguments to be heard in December before all 100 Senators on the Senate floor.

Continue reading ‘The Porteous Impeachment: Post-Trial Brief’

The Canadian Polygamy Case

Published 1, November 8, 2010 Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Politics , Religion , Society 28 Comments

The British Columbia Supreme Court will be some hearing testimony on the criminalization of plural unions — an extremely important case with global ramifications. As has been my practice in past cases, I wanted to confirm my involvement in the case as a court-appointed expert on the legality of such criminal laws. Weeks ago, I was retained to submit written testimony on the right of consenting adults to plural unions under United States and international law.

Continue reading ‘The Canadian Polygamy Case’

I Thought That I Should Never See An Opinion As Lovely As a Tree–Wrong!!

Published 1, October 31, 2010 Courts , Justice , Lawyering , Torts 10 Comments

Who says appellate judges can’t be literate — and hilarious.

Fisher v. Lowe
122 Mich.App. 418, 33 N.W.2d 67 (1983)

Syllabus

Does Convicted Cop Equal Reasonable Doubt?

Published 1, October 30, 2010 Courts , Criminal law , Justice , Lawyering , Uncategorized 6 Comments

Norfolk, Virginia, Police Detective Robert Glenn Ford had a reputation as a hard-nosed cop who handled most of the City’s high profile criminal cases. Now he’s got another one but it’s his name “across the v” from the Government. Ford was convicted in federal court in Norfolk of extortion and lying to federal investigators. Specifically, the Government alleged that Ford took money from criminal defendants in exchange for helping them get lighter sentences. Ford maintains his innocence and vows to appeal.

Ford handled 200 homicide cases including the infamous “Norfolk 4″ case which resulted in four convictions for the rape and murder of  an 18-year-old wife of a Norfolk sailor. Ford was accused by lawyers for the “Norfolk 4″ of planting jailhouse snitches near in the men’s cell blocks to solicit confessions.

Continue reading ‘Does Convicted Cop Equal Reasonable Doubt?’

Former Bar Treasurer and Prominent Lawyer Aaron Biber Sentenced to 18 Years For Sexual Assault of Teenage Boy

Published 1, October 28, 2010 Bizarre , Criminal law , Lawyering 12 Comments

Prominent Twin Cities lawyer and former State Bar Treasurer Aaron Biber was sentenced this week to 18 years in prison for sexually assaulting a teenage boy. The court reached the sentence by taking an upward departure to increase the jail time. Minnesota law required only 12 years.
Continue reading ‘Former Bar Treasurer and Prominent Lawyer Aaron Biber Sentenced to 18 Years For Sexual Assault of Teenage Boy’

Unhappy Meals: Law Firm Introduces Drive-Thru Window

Published 1, October 22, 2010 Bizarre , Lawyering 10 Comments

Do you want fries with that complaint? You can have it at the nation’s first drive-thru law office. The Kocian Law Group in Manchester believes that this is a way to distinguish itself among competitors. (I don’t have a picture of the Kocian drive thru but left is an example from the Maid Rite drive thru).
Continue reading ‘Unhappy Meals: Law Firm Introduces Drive-Thru Window’

English Prosecutors Raise Sharia Law in Murder Trial of Saudi Prince

Published 1, October 17, 2010 Bizarre , Constitutional Law , Courts , Criminal law , International , Lawyering , Politics , Religion 18 Comments

The trial of Saudi prince Saud Abdulaziz bin Nasser al Saud for the murder of a servant in London took an interesting turn when the prosecution noted to the jury that, putting aside the murder allegation, Saud, 34, would have faced execution in the Kingdom for being gay. Saud allegedly murdered Bandar Abdulaziz, 32, (left) after repeated sexual assaults.
Continue reading ‘English Prosecutors Raise Sharia Law in Murder Trial of Saudi Prince’

TOP 100 IRISH LAWYERS

Published 1, October 15, 2010 International , Lawyering , Media , Society 27 Comments

The annual selection of the Top 100 Irish Lawyers in the World has been published by The Irish Voice and I am honored to be included among the honorees. Last night, I received the award with fellow honorees from around the world at the residence of the Irish Ambassador. One of the best parts of this prize is the party with Irish food and wonderful conversations with lawyers and judges from Ireland and the United States.

Continue reading ‘TOP 100 IRISH LAWYERS’

Getting Your Dandar Up: Judges in Florida Squabble With Each Other Over Jurisdiction in Scientology Case

Published 1, October 14, 2010 Bizarre , Constitutional Law , Courts , Lawyering , Religion , Society 21 Comments

A lawsuit against the Church of Scientology has now pulled in two unlikely litigants: a state and a federal judge. Pinellas Florida Judge Robert E. Beach has filed a motion in federal court contesting an order from U.S. District Judge Steven D. Merryday enjoining him from imposing planned sanctions on lawyer Ken Dandar, who is suing the Church. The motion raises some interesting questions of jurisdiction and ethics.

Continue reading ‘Getting Your Dandar Up: Judges in Florida Squabble With Each Other Over Jurisdiction in Scientology Case’

Iran Reportedly Arrests Ashtiani’s Lawyer and Son

Published 1, October 12, 2010 Constitutional Law , Criminal law , International , Lawyering , Politics , Religion 8 Comments

Iran has reportedly arrested the lawyer and the son of Sakineh Mohammadi Ashtiani, 43, as well as two “foreign nationals” who interviewed her family. Ashtiani is still set to be stoned to death for adultery. In the meantime, Iran continues to mix Sharia law with old-fashioned totalitarian repression.
Continue reading ‘Iran Reportedly Arrests Ashtiani’s Lawyer and Son’

Oregon Police Officer Disciplined as “Nazi Sympathizer”

Published 1, October 9, 2010 Bizarre , Criminal law , Lawyering , Politics , Society , Uncategorized 7 Comments

We have been following cases where public employees have been disciplined or fired for activities in their private lives from teachers to coaches to lunch ladies (and here and here) to prison guards to city officials to police officers. There have also been such cases involving private employers as well as international cases (here). Now, Portland police Capt. Mark Kruger has been disciplined for his actions celebrating the exploits of German soldiers — actions that have labeled him a “Nazi sympathizer.”
Continue reading ‘Oregon Police Officer Disciplined as “Nazi Sympathizer”’

Representation in “Sister Wives” Case

Published 1, October 6, 2010 Courts , Criminal law , Justice , Lawyering , Media , Politics , Religion , Society 429 Comments

As has been the practice on this blog, I wanted to disclose my representation of the Brown family, who are the subjects of the new series “Sister Wives” on TLC. As in the past, any comments on the case by me will be limited. However, various people have suggested the reported criminal investigation as a subject for this blog and I wanted to explain why I have not posted anything on the controversy.
Continue reading ‘Representation in “Sister Wives” Case’

THE PORTEOUS IMPEACHMENT: THE FACTS

Published 1, October 5, 2010 Congress , Constitutional Law , Courts , Lawyering , Politics , Society 119 Comments

With the completion of the trial portion of the Porteous impeachment, the parties are required to submit the proposed findings of fact as established in testimony. Below are the material facts in the trial in a filing that we submitted to the Senate.
Continue reading ‘THE PORTEOUS IMPEACHMENT: THE FACTS’

Lawyer Sues California Law Firm After Refusing To Attend Retreat With Alleged Male Nudity

Published 1, September 29, 2010 Bizarre , Lawyering , Society , Torts 36 Comments

A former partner with the California law firm of Bisnar Chase is suing the firm for sexual harassment and breach of contract. Stephen Eggleston claims that he was forced out of the firm after he refused to attend an office retreat where male attorneys were expected to strip naked and engage in an exercise with a Phallus.
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Prosecutor in Stevens Case Commits Suicide

Published 1, September 28, 2010 Justice , Lawyering 22 Comments

Nicholas Marsh, a Justice Department prosecutor who was under investigation for his role in the botched prosecution of former U.S. Sen. Ted Stevens (R-Alaska), has committed suicide. It is a sad end to a promising career for Marsh who was removed by the Public Integrity Section after the investigation was commenced at Justice.
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Federal Prosecutor Arrested For Lewd Conduct in Pool

Published 1, September 28, 2010 Bizarre , Criminal law , Justice , Lawyering 21 Comments

A federal prosecutor, Sean Cronin, 35, has been arrested for stripping down to his underwear and then taking a dip in a pool at a local bar. Police report that Cronin fled at the sight of police out a back door and then jumped over “multiple fences” to evade them.
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Uncivil Action: Was Lincoln Wrong on Secession?

Published 1, September 24, 2010 Academics , Congress , Constitutional Law , Lawyering , Military , Politics , Society 227 Comments

With the 150th anniversary of the Civil War, I was asked in this cover story for the Civil War Magazine to explore the rivaling constitutional claims that were made at the start of that bloody conflict. As a military history buff, I have occasionally written for these history magazines but I found this assignment particularly intriguing.
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