Year: 2012

Bizarre, Constitutional Law, Lawyering, Politics, Society

Virginia Blocks Gay Prosecutor From State Court

Chief Deputy Commonwealth’s Attorney Tracy Thorne-Begland appears to have been successful in every aspect of his life: as a Navy fighter-pilot, a top prosecutor, and the father to two twin children. With bipartisan support he would have appeared a shoe in for a state judgeship. However, he was denied in a vote of 33-31 by the Virginia House of Delegates because of one other fact — Thorne-Begland is gay. For gays and lesbians, the state seal (which is my favorite among the states) now has a more sinister meaning.

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Bizarre, International, Politics

The Gods Are Angry: Merkel Insists Lightning Strike on Hollande’s Plan Was A “Good Omen”

I was intrigued by the meeting of France’s new president Francois Hollande and German Chancellor Angela Merkel, a meeting where they discussed their sharp differences over austerity programs for European nations like Greece. On his flight to the meeting, Hollande’s plane was struck by lightning and he had to take another plane. After hearing of the divine act, Merket insisted that the lightning strike was “maybe a good omen for our co-operation.” Now that is a spin and got me to thinking about other omens. I wonder if Merkel used the same line as Mrs. Baylock in the movie The Omen when meeting Hollande: “Have no fear, little one… I am here to protect thee. ”

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Bizarre, Constitutional Law, Criminal law, Free Speech, International, Politics, Religion

The Ayatollah Of Rock-and-Rolla: Iranian Clerics Call for The Assassination Of Iranian Rapper For Blasphemous Song

Called “the Salman Rushdie of music,” Shahin Najafi, a Germany-based Iranian singer, has been hit with fatwas calling for his killing, including one from a leading Ayatollah, after he released a song with references to Ali al-Hadi al-Naqi, the tenth of the 12 Shia Muslim Imams. The brief reference was enough to call for his death under Sharia law.

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Bizarre, Criminal law, Society

Detroit Groundskeeper Finds Loaded Gun, Turns It Into Police . . . And Is Fired For Possession Of A Firearm

This story is so breathtakingly stupid, I had to confirm it a couple times to be sure it was not a hoax. A Detroit groundskeeper, John Chevilott, found a loaded handgun in the weeds while working and waited for the police to drive by to turn it in. When they didn’t show up, Chevilott took the gun home and handed it into his local police station where he was commended for his actions. He did this with the full knowledge and approval of his supervisor. According to news reports, that was then fired by the Department of Public Services for possession of a gun.
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Academia, Politics

Boston Globe Retracts Claim That Marriage License Shows Warren’s Great Great Great Grandmother Was Listed As Cherokee

Buried in its correction section, The Boston Globe has issued a retraction of its claim that a marriage license supporting the claim of U.S. Senate Candidate and Law Professor Elizabeth Warren that she is part Cherokee.  The correction says that no such marriage license has ever been found and that the reference comes from a “family newsletter” and refers to an application for a marriage license. Moreover, no one has been able to find the paper, let alone study it.  In the meantime, the Warren campaign is addressing new disclosures that Warren claimed to be a minority not just at Harvard but also at the University of Pennsylvania. Today another news story reported that Warren (who denied knowledge of being listed as a minority) was cited as “Harvard’s first woman of color” in a Fordham Law Review piece — quoting a Harvard official.
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Constitutional Law, Criminal law, Politics, Society

New York’s Highest Court Rules That It Is Not Unlawful to View Online Child Pornography

The New York Court of Appeals has released an important decision that viewing online child pornography is not illegal under New York law. The ruling has triggered an outcry and demands for legislative reforms. However, the opinion is worth reading and raises a broader issue on the required level of intent and knowledge for these crimes.

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Bizarre, Lawyering, Media

Zen Privilege: If A Lawyer Speaks and No One Is Around To Hear It, Is It Privileged?

Litigation Zen Masters take note: The New Hampshire Supreme Court has answered that mind-numbing question: if a lawyer speaks in a public room but no one (other than his client) can hear him, is the statement privileged? The answer appears to be yes. The Supreme Court ruled that the New Hampshire Local Government Center could refuse to redact the minutes for 14 meetings over a 10-year-period because there were no third parties present during statements by counsel.

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Bizarre, Military, Politics, Society

Is Greece Fudging The Figures . . . On World War II Casualties?

As Greece continue to careen toward the financial abyss, European leaders are preparing for the departure of Greece from the European Union. However, I was struck by a recent interview with Greek Deputy Prime Minister, Theodoros Pangalos, who not only raised concerns of the rise of “fascists” in Greece but added the following factoid: Greece “after the Soviet Union and Germany itself, [had] the biggest percentage of [Second World War] casualties in its population.” As many of you know, I am a military history nut and was surprised by the statement, which (like the Greek economic recovery plan) appears to be based on more rhetoric than reality.

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Criminal law, Politics, Society

Zimmerman Preview? Florida Man Denied Use “Stand Your Ground” Law

In a case with some similarities to the George Zimmerman case, Hillsborough County Circuit Judge Ashley Moody has denied the use of Florida’s Stand Your Ground law in a shooting in September 2010 where an older man wrestled with a younger man on a basketball court. As with Zimmerman, Trevor Dooley, 69, had a gun permit and insisted that the younger man, David James, started the fight. In this case it was a black man shooting a white man, though the case has not generated the attention or controversy of the Zimmerman. Dooley is charged with manslaughter in James’ death.

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Military, Science

Colorado Court Strikes Down State’s Day Of Prayer

A Colorado appellate panel has handed down a major ruling that the state’s Day of Prayer is unconstitutional as a violation of religious liberty under the state’s constitution. The unanimous panel ruled in favor of a challenge from the Freedom From Religion Foundation — originally filed in 2008. Judge Steve Bernard (shown here), with Judges Alan Loeb and Nancy Lichtenstein overturned a lower court decision in ruling that the day favored believers over non-believers.

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Bizarre, Criminal law, Society

Police Near Pittsburgh Called To Retrieve Overdue Library Books . . . From Four-Year-Old

Police in Freeport, Pennsylvania near Pittsburgh have finally tracked down Katelyn Jageman aka “The Bookkeeper.” Jageman has been living on the lam with a collection of overdue library books and an outstanding overdue book bill of $81. That is until the library dispatched police to hunt her down like a reference book in the learning aisle. It is notable that Jageman started her life of crime a year earlier than Hailey Benoit, the notorious bibliophile from Massachusetts.

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Bizarre, Environment, Politics, Society

Mississippi Burning Fuming: North Carolina Governor Lashes Out Against Ban On Same-Sex Marriage . . . And Mississippi

Democratic Gov. Beverly Perdue of North Carolina raised some eyebrows in the South when she not only lashed out at her own citizens for an anti-same-sex marriage ban but adding that the measure made the state “look like Mississippi.” People in Mississippi were understandably put out by the notion that they are now an interchangable synonym with “backward,” “prejudiced,” and “frighteningly homophobic.”

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