Category: Constitutional Law

Constitutional Law, Courts, Criminal law, Free Speech, Religion, Society

The Brown Family Files Briefs In Sisters Wives Case In Denver

ad611-sister-wives-season-4Today the briefs of the Brown family arrived at the Denver courthouse in the Sister Wives case now before the United States Court of Appeals for the Tenth Circuit. (The actual electronic filing was made the night before under the federal ECF system). I continue to serve as lead counsel to the Brown family in their successful challenge of the criminalization of polygamy in Utah. Last year, United States District Court Judge Clarke Waddoups issued the final decision striking down the cohabitation crime used against polygamist in Utah. The State has appealed to the federal court of appeals in Denver and below is our defense of that decision by Judge Waddoups. I want to thank my friend and local counsel (and GW Alum) Adam Alba and all of the students who have worked so hard on this case over the years. This brief benefited from the assistance of Patrick Fenior and Emily Hoyle as well as assistance from GW grad (and my local counsel in the Al-Timimi case) Thomas Huff and my assistant Seth Tate.

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Constitutional Law, Criminal law, Society

Grand Jury Clears Des Moines Police Officer Who Shot And Killed Unarmed Man Who Walked “With A Purpose” Toward Her Car

CautionTapeDes Moines Officer Vanessa Miller will not face charges after a grand jury looked at her shooting of Ryan Bolinger, 28. Miller shot Bolinger from her car after he approached her car by “walking with a purpose.” Miller had chased Bolinger after he got out of his car earlier and began dancing.

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Constitutional Law, Courts, Society

Washington Supreme Court Rules City Of SeaTac’s $15.00 Minimum Wage Applies To Port Of Seattle’s SeaTac Airport

By Darren Smith, Weekend Contributor

City of SeaTac LogoIn January of 2014 we featured an article about the City of SeaTac Washington, where the Seattle Tacoma International Airport (SEA) is situated, passed a set of labor codes that included a fifteen dollar per hour minimum wage. Immediately afterward opponents filed suit in Superior Court objecting to, among other issues, that the Port of Seattle was a separate legal entity not subject under state law to Proposition 1, granting these increased wage benefits and city oversight. The trial court partially ruled in favor but struck down parts of the law’s provisions. The judge however certified the case for direct appeal to the state supreme court.

Today, the Washington Supreme Court published its opinion, siding with defendants, the City of SeaTac and Its clerk in her official capacity, in a five to four decision.

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Constitutional Law, Courts, Politics, Society

Washington Supreme Court Fines State $100,000.00 Per Day For Legislature Failing To Fund Education

By Darren Smith, Weekend contributor

washington-flag-sealNearly eleven months after holding the State of Washington in contempt for failing to provide an adequate funding plan for financing primary education in the state, the Washington Supreme Court issued an order fining the state $100,000.00 per day until the legislature satisfies the Court’s judgement in its landmark McCleary decision.

After three special sessions, the Legislature failed to provide a clear and fully funded plan. The Court acted, much to the chagrin of many of the state legislators. A few of which had some rather interesting solutions to address their failures to act.

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Bizarre, Constitutional Law, Free Speech, International, Media, Politics, Society

China Bans 120 Tunes as Harmful to “Public Morality” and Social Stability

130px-Mao_Zedong_portraitChina remains one of the world’s most repressive regimes in the denial of free speech, association, and other basic rights in the “People’s Paradise.” The latest target of the government is music. The regime has posted a list of 120 tunes that can no longer be played in the country as harmful to “public morality.” Obviously, even the censors manning “Great Firewall of China” may have a hard time keeping music from the masses.

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Bizarre, Constitutional Law, Criminal law, International, Uncategorized

Indian Rape Victim Forced To Balance Heavy Stone On Head To Prove Her Virtue

a-rape-survivor-in-india-must-balance-a-heavy-rock-on-her-head-to-prove-her-purity-body-image-1438974892We have been following the plight of women in India from an epidemic of rape to discrimination in marriage and advancement. The medieval mentality found in some parts of India was on display in the Gujarat High Court, which asked a rape victim to balance a 40kg rock on her head in order to ‘prove her purity’ and reside with her husband again. It is part of the bizarre ritual called “Agnipariksha,” or “test of fire.”

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Constitutional Law, Courts, Society

Judge Offers Defendant Choice Between Shotgun Marriage and Jail

shotgun-winchester-m1897By Darren Smith, Weekend Contributor

Over the years our host featured numerous articles presenting questionable, if not abusive, novel sentences for defendants convicted of crimes. Now, Smith County Texas Court Judge Randall Rogers hoisted himself to national attention for giving a man convicted of simple assault the choice between marrying his girlfriend within thirty days or going to jail.

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Constitutional Law, Courts, Politics

Washington Judge Authorizes Recall Measures Against County Prosecutor

By Darren Smith, Weekend Contributor

Mark Lindquist
Mark Lindquist

Earlier we featured the story of the Washington Supreme Court reversing the murder conviction of Odies Walker after an attorney with the Pierce County Prosecutor’s office made inflammatory and especially prejudicial power point slides during closing arguments. Citing an unacceptably large number of reversals and substantiated accusations of Prosecutorial Misconduct and Vindictiveness, Kitsap County Superior Court Judge Jay Roof ruled that there was sufficient cause to proceed with gathering signatures for a recall election. A ruling of this nature is required under the Washington Constitution to recall an elected official.

Organizers will need to gather 39,000 signatures for the recall to be held in an election to recall County Prosecutor Mark Lindquist.

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Constitutional Law, Criminal law

Santa Ana Police File Lawsuit Alleging Violation of Their Rights After Store Videotape Allegedly Catches Them Eating Marijuana Products And Disparaging Disabled Woman

nsjjps-b88477454z.120150803213939000gt7b82gh.10There is an interesting case out of Santa Ana this month where police officers were allegedly caught on camera wolfing down pot products in a raid on a medical marijuana dispensary. The officer reportedly disabled all but one of the security cameras. They are now arguing that there rights were violated by being videotaped without their consent.

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Constitutional Law, Criminal law, Justice

Fourth Circuit Remands Al-Timimi Case In Light Of New Evidence

US-CourtOfAppeals-4thCircuit-SealThis afternoon, the United States Court of Appeals for the Fourth Circuit remanded the appeal of Ali Al-Timimi, the accused head of the so-called “Virginia Jihad” or “Virginia Paintball” case. The remand was based on evidence that was discovered by the defense after the appeal was filed. I am lead defense counsel for Dr. Al-Timimi and serve with co-counsel Thomas Huff and Allison Wood. We have long argued that the government has withheld evidence in the case.

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

India Blocks Adult Websites In Sweeping Censorship

1024px-Flag_of_India.svgThe India government is under fire for a sweeping censorship move blocking hundreds of adult websites as a social nuisance. A total of 87 websites were blocked — denying millions of adults the right to choose their own associations and entertainment. It is a triumph for morality codes and a significant erosion of free speech and privacy protections for the Indian people.

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Academia, Animals, Constitutional Law, Criminal law, Environment, International, Media, Society

Idaho State University Employee Triggers Outrage With Taunting Pictures of Big Game Kills In Africa

Sabrina-Corgatelli_3395602bThe alleged unlawful killing of two lions by two separate American doctors has caused an international outcry and demands for extradition to Zimbabwe for prosecution. (here and here). However, one American woman is using the controversies to taunt animal lovers and apparently drive up traffic on her Facebook site. Sabrina Corgatelli is believed to come from Boise, Idaho and is reportedly a university accountant at Idaho State University who also runs a clothing company called Racks and Ridges. She teased those objecting to the illegal hunts by saying “To all the haters. Stay tuned, you’re gonna have so much more to be pissed off about.” She then posted various photos from the “trip of a lifetime” posing with the corpses of a giraffe, warthog, kudu and impala during a trip to South Africa. To be sure to ignite those grieving over the death of Cecil the Lion, Corgatelli posted a series of pictures with such notes as “All you haters, This is for you!! Have a great day, cuz I know I will!!’

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Bizarre, Constitutional Law, Politics, Society

Thomas Jefferson and Andrew Jackson Dropped From Democratic Events

225px-Thomas_Jefferson_by_Rembrandt_Peale,_1800170px-Andrew_JacksonThe Jefferson Jackson Bailey dinners are famous events for the state Democratic Party in Connecticut. However, as part of the backlash against historical figures who owned slaves, the NAACP demanded that both names be stripped away from the dinner and the state Democratic Party agreed.
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Bizarre, Constitutional Law, Criminal law, Free Speech, Politics, Society

Cameron Calls For A Break From “A Passively Tolerant Society” And Allow For The Criminalization of A Wide Array Of Speech

big-brother-is-watching-you_thumbnailDavid_Cameron_officialBritish Prime Minister David Cameron has long been a target of civil libertarians criticizing his dismissive attitude toward basic rights and particularly speech and privacy rights in that country. As if to prove his critics right, Cameron has publicly made comments that can be best described as Orwellian and some have gone as far as describing as fascistic. In calling for new extensive powers, Cameron said “For too long, we have been a passively tolerant society, saying to our citizens: as long as you obey the law, we will leave you alone. It’s often meant we have stood neutral between different values. And that’s helped foster a narrative of extremism and grievance.” It seemed like a scene out of V for Vendetta as Cameron called on citizens to give up their rights to fight the threat of terror.

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Constitutional Law, Criminal law, Society

Video: TSA Supervisor Threatens Young Man Filming the Patdown Of His Father

Screen Shot 2015-07-22 at 7.16.39 PMWe have yet another case of a police or security officer threatening a citizen for recording an encounter. The videotape below was taken by a young man who filmed the putdown of his father at the New Orleans airport. The supervisor warns the young man that he will be arrested for filming the public scene.

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