Here is today’s column on the Casey Anthony trial (the print copy runs next week). Anthony is to be released in a matter of days, though the original calculation of next Wednesday appears to be incorrect.
Continue reading “Casey Anthony Case: Hate the Facts, Not the Jury”
We previously discussed how the parents of Amanda Knox are being sued by police for objecting to their shoddy investigation. It is an absurd case — one of many such defamation cases in Europe where courts allow lawsuits over comments that would be protected from liability in the United States. Now, the judge in the libel case has resigned due to a conflict of interest, but the police are still going forward with the lawsuit — despite the fact that recent disclosures establish clearly shoddy work by the police.
Continue reading “Knox Parents Get New Judge In Defamation Case”
As the lawyers prepared for final arguments in the capital murder trial of Casey Anthony, Orange County Chief Judge Belvin Perry Jr. hit the defense with a major ruling barring them from making a key argument to the jury: that Casey had been sexually abused. Perry ruled that there was no evidence to support the allegation and therefore defense counsel Jose Baez would be prevented from even mentioning it in his closing.
Continue reading “Judge Bars Critical Defense Argument in Casey Trial”
Submitted by Elaine Magliaro, Guest Blogger
Edgar Dean Mitchell, a lunar module pilot and the sixth person to walk on the surface of
the Moon, is being sued by NASA. NASA wants Mitchell to return a camera that went to the Moon on the Apollo 14 mission. A lawsuit filed by the federal government on Thursday in a South Florida federal court claims that the former astronaut tried to sell the camera in an auction.
Continue reading “NASA Sues Former Apollo 14 Astronaut over Lunar Camera”
-Submitted by David Drumm (Nal), Guest Blogger
The case is United States v. Jones which concerns FBI agents who planted a GPS tracking device on Jones’ car and monitored the car’s position every ten seconds for an entire month, without a warrant. A jury found Jones, and co-defendant Maynard, guilty of a single count of conspiracy to distribute and to possess with intent to distribute five or more kilograms of cocaine and 50 or more grams of cocaine base.
Continue reading “Supreme Court Grants Cert In GPS Tracking Case”
Submitted by Mark Esposito, Guest Blogger
In what can only be described as the most bizarre military recruiting ploy ever, Californian Yupeng Deng is charged with duping Chinese Immigrants into enlisting into his private army. Luring the unsuspecting “recruits” with promises of citizenship, the El Monte native convinced over 200 Chinese nationals to pay initiation fees ranging from $300 – $450. Donning the rank of “Supreme Commander'” Deng paraded his regiment through the streets of L.A., and then led a successful boarding of the U.S.S. Midway which is now a naval museum in San Diego.
One of the longest standing complaints among criminal defense attorneys is that the government often goes ballistic when a defense attorney makes public statements in support of his or her client. Judges often hammer private counsel under increasingly harsh gag orders. Yet, the government routinely influences cases by leaking information that could only come from the prosecutors or investigators on the case. This problem is even more acute in high-profile cases like that of Richard Jewell and my former client Dr. Thomas Butler, where leaks were used to target innocent men to try to force them to plead. Now, like clockwork, the Justice Department has again started the leak war in the case of alleged mobster James “Whitey” Bulger. However, the judge has simply asked the Justice Department for a “plan” on how to stop the leaks. If this were a private firm, there would be a contempt hearing.
Michigan has implemented some sweeping changes to the role of jurors and judges in trials, including allowing jury to ask questions of witnesses. I have some reservations about the changes below, but I am most concerned over the ability of judges to summarize the evidence. This could invite considerable bias and influence into trials.
Continue reading “MIchigan Implements New Changes In Role Of Jury and Judge In Trials”
Democratic members have raised a novel argument under the Fourteenth Amendment that the refusal to raise the debt ceiling is unconstitutional. For full disclosure, I was asked about this argument weeks ago by members who believe that forcing the country to default would be not just catastrophic but unconstitutional. I will be discussing this topic today on CNN and tonight on Countdown.
Continue reading “Democrats Raise Constitutional Argument In Favor Of Raising Debt Limit”
One of my colleagues sent me this incredible story. This is judge Douglas Gummo, 42, who was arrested after allegedly appearing naked in a bed sheet at a female judge’s hotel room door and demanding to be let in. The Huntingdon County District Magistrate has been charged with public drunkenness, disorderly conduct and harassment.
Attorney Brian Kammer has called for the suspension of further lethal injections in Georgia after he said the execution of his client, Roy Blankenship, was botched with the use of an untested animal tranquilizer.
Continue reading “Attorney Calls For Cessation Of Lethal Injection After Use of Animal Tranquilizer Allegedly Lead To Botched Execution”
We have been following the intra-court war on the Wisconsin Supreme Court and the recent narrow victory of conservative Justice David Prosser in his reelection. The prior controversy involved Prosser calling Chief Justice Shirley Abrahamson a “total bitch.” Now, fellow justice Ann Walsh Bradley has accused Prosser of putting her in a chokehold during a dispute. Prosser denies the allegation.
-Submitted by David Drumm (Nal), Guest Blogger
Do illegal immigrants have a Second Amendment right to own guns? In the case of United States v. Portillo-Munoz, the U.S. Court of Appeals for the Fifth Circuit held that illegal immigrants are not part of the “people” protected by the Second Amendment and have no constitutional right to bear arms.
Continue reading “Illegal Immigrants and the Bill of Rights”
Submitted by Mark Esposito, Guest Blogger
The bedrock of modern Western jurisprudence is the supposition that we are free to choose our actions from a range of choices. Some of these choices are socially acceptable and we deem them “legal.” Other choices made in specified contexts are socially unacceptable, and we deem these “illegal.” For those extremely unacceptable actions denominated as “crimes” we reserve progressive punishments to deter their occurrence. Gratuitous violence is one of the most important of these condemned actions, and we have striven for centuries to overcome this endemic feature of our nature. The basic assumption being that we can deter conduct that is the product of free will by imposing undesirable consequences on the actor. How have we done? I suppose the obvious answer is that despite a multitude of approaches ranging from severe punishment to compassionate rehabilitation, we haven’t yet mastered a way to banish senseless violence from our midst. Perhaps it is time to question that basic assumption that violence is purely volitional conduct.
Continue reading “When “Gage Is Not Gage”: Neuroscience And The Law’s Assumption of Free Will”
We have been following the case of fashion designer John Galliano who went on trial Wednesday for making anti-Semitic comments in Paris. It is part of the growing trend in the West of the criminalization of speech. It is not clear what came off more pathetic yesterday, the drug-wasted Galliano or the French court.
Continue reading “Designer Galliano On Trial For Bad Language”