Category: Constitutional Law

Court: Judge Charles Bernstein Acted as “Co-Prosecutor” and Denied Defendants Fair Trial

gavel2Baltimore 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.
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Prosecutor to Seek Dissolution of Scientology in France

488px-scientology_symbolsvgState prosecutor Maud Coujard has recommended that a Paris court dissolve the French branch of the Church of Scientology. Scientology has been accused of being little more than a criminal enterprise in France and other countries that uses escalating courses or levels to bilk individuals of thousands of dollars.

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Judge Rules that Jose Padilla Can Sue John Yoo

180px-john-yooJosé_Padilla 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.

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Obama Defends Defense of Marriage Act and Moves to Dismiss Same-Sex Marriage Lawsuit

225px-official_portrait_of_barack_obamaCivil 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.

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From Paine to Pappert: Citizen Arrested for Complaining Too Often to City Officials

200px-Thomas_PaineIn a bizarre case, Bridgeville Borough resident has been convicted for repeatedly writing and calling his elected officials to complain about their lack of effort to relieve a local nuisance. If you count copies sent to some officers, Marshall Pappert sent around 350 and was arrested for criminal harassment. It is a good thing that Bridgeville prosecutors and courts did not exist when Thomas Paine was doing his incessant complaining about his government.
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Chavez Continues Crackdown on Journalists and Free Speech

200px-Hugo_Chavez_in_Brazil-1861Venezuela President Hugo Chavez has renew his threats against one of the few remaining networks that voice opposition to his government. Chavez told executives at Globovision “to reflect” upon its criticism of him and change its tone or it “won’t be on the airwaves much longer.”
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Car Kvetsh: Orthodox Jews United Against Parking Lots in Jerusalem

180px-Car_park_-8Ultra-Orthodox Jews are threatening widespread protests to prevent what they insist is a grave insult to their faith: a parking lot. The activists insist that no parking lot should be open on the Sabbath despite the fact that many Jews and non-Jews do not share their religious beliefs on driving. Protests last week turned violent.

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Meaning of Empathy: Sotomayor Refused to Consider Appeal of Man Based on Technicality — Man Later Found Innocent Based on DNA

200px-Sonia_SotomayorCivil 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.
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New York Times: Sotomayor Called Herself an “Affirmative Action Baby”

200px-Sonia_SotomayorThe New York Times reports that Judge Sonia Sotomayor once described herself as “a product of affirmative action” and that she was admitted to both Princeton and Yale with “subpar” scores due to affirmative action. The comments have heightened criticism of her vote in the New Haven firefighters case where she supported the throwing out of promotion results because whites and Hispanics scored better than blacks.

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The Meaning of Empathy: Biden Tells Police Organization that Sotomayor “Gets It” and “Has Your Back”

200px-Sonia_Sotomayor225px-joe_biden_official_photo_portrait_2-cropped1Many liberal are disappointed with the appointment of Sonya Sotomayor who was often suggested as a nominee for George W. Bush and has voted against free speech, student rights, and other cases with important liberal causes. As I have discussed in my review of her cases and criticism of past commentary of this nomination, liberals will lose ground on the Court if Sotomayor votes as a justice the way she voted as a judge. One of those areas is police abuse where Sotomayor has been criticized for siding with police in cases with strong evidence of abuse. Now, Vice President Joe Biden has drawn attention to the later cases by assuring a police organization that Sotomayor is pro-police and will watch their back when cases come before the Supreme Court.

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Little Brother is Watching: English Police Show Elementary Students a Video on Reporting Extreme Views

imageslogoElementary students in England are being shown a Lancashire Police film where a lion and a cat tell them to turn in people who espouse dangerous thoughts. It is the latest work of the Preventing Violent Extremism office, which seeks to uncover extremists in the country like Guy Fawkes.
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Professor Settles Lawsuit With City Over Arrest For Taking Pictures of Power Lines

pearlpUniversity of Washington Professor Shirley Scheier has settled the lawsuit over her arrest by the City of Snohomish for taking pictures of power lines. The American Civil Liberties Union represented her and settled for $8000. The settlement is disappointing and disturbing given the small damages and lack of deterrent effect for the city.
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Burn Baby (Be-Bop) Burn: Christian Group Files to Seek Right to Burn Book

n26785The Christian Civil Liberties Union (CCLU) has selected a curious place to put together an old-fashioned book burning: a court. In West Bend, Wisconsin, Christians are upset over a book called Baby Be-Bop and other books contained in the “Young Adult” material that they say are sexually explicit and inappropriate. In a 9-0 vote, the library trustees refused their demands to remove or restrict the material at the West Bend Community Memorial Library.
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Supreme Court Rules Against West Virginia Justice in Landmark Ethics Case

225px-Anthony_Kennedy_Official225px-official_roberts_cjWe 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.

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