The Washington Post has revealed that an internal review has found that the D.C. Voting legislation is indeed flagrantly unconstitutional. However, Attorney General Eric Holder overruled the view of career lawyers and declared that the law is constitutional — thereby avoiding an embarrassing confrontation with Democrats. I waited to post this story because it could so easily be confused with an April Fool’s spoof yesterday. Holder’s actions, once again, show that political pressure and influence remains a problem at Justice. Rather than follow the dictates of the Constitution, Holder “corrected” the legal analysis by simply declaring the opposite conclusion to conform with political needs. Sounds like a prior attorney general.
Continue reading “Justice Department Finds D.C. Vote Bill Unconstitutional — Holder Reverses Conclusion and Declares Bill Constitutional”
Category: Courts
In a major decision, Attorney General Eric Holder has announced that he has found that the Justice Department has acted improperly in barring any criminal investigation of well-documented war crimes committed by the Bush Administration in the torture program. To punish the failure of the Department to act in a timely fashion, he has announced that no criminal charges will be pursued regarding torture to teach prosecutors a lesson that “justice delayed is justice denied.”
Continue reading “Attorney General Eric Holder Announces Justice Department Will Not Investigate War Crimes Due to Prosecutorial Misconduct”
Problems continue to mount for Judge Sharon Keller, Chief Judge of the Texas Court of Criminal Appeals. She is already facing a serious ethics charge over her decision to order the Clerk’s Office not to remain open after hours to allow for a final death row appeal. Now, a new complaint has been filed against her for failing to report nearly $2 million in real estate assets. She is also facing an impeachment effort in the Texas legislature.
Continue reading “Judge Sharon Keller Faces New Ethics Charge”
Former Mobile, Alabama judge Herman Thomas has been arrested in a bizarre criminal case alleging that he used the local jail as a type of personal stable of victims for beatings and sexual abuse. His lawyer — who goes by the moniker Robert “Cowboy Bob” Clark — has charged racism targeting the county first black judge.
Continue reading “Alabama Judge Charged in Prisoner Abuse Case”
In Philip Morris USA v. Williams, the Supreme Court has dismissed the appeal as “improvidently granted” in a long struggle with the Oregon Supreme Court. The Court had previously sent the case back twice to tell the Oregon court to review its huge punitive award. In this staring contest, the U.S. Supreme Court just blinked after the Oregon Supreme Court refused to consider the issues sent back on remand — instead upholding its $79.5 million punitive award million award on state grounds. With interest, that award may have doubled.
Continue reading “Supreme Court Dismisses Major Tobacco Case”
Prosecutors in Maryland appear to have cut a bizarre deal with a former religious cult member. Ria Ramkissoon, 22, agreed to plead guilty in the murder of her 1-year-old son, Javon Thompson, but, if he is resurrected, the deal is off.
Continue reading “The Lazarus Clause: Judge and Prosecutors Secure Plea From Deranged Mother With a Resurrection Clause”
An interesting case has emerged from the Eighth Circuit Court of Appeals which removed Judge Dean Whipple of the Western District in Kansas City, Missouri for bias in a contract case. The judge insists that he was pushed over the edge in an exchange with Fred Starrett of Lathrop & Gage in Overland Park, Kansas who represented Sentis Group Inc., and owner Alan Barazi, regarding a contract with Shell Oil Co. to operate 29 mini-mart gas stations in Kansas City.
Continue reading “Federal Court Throws Judge Off Case After Sharp Exchange With Counsel in Court”
Senate Majority Leader Harry Reid insisted this week that it was not the fault of the Democrats in confirming John Roberts and not using their power to block the nomination. Rather, they were tricked by Roberts who lied to them in suggesting that he was a moderate and that we are now “stuck” with him as chief justice.
Continue reading “Reid Says Chief Justice Roberts Lied to Congress in Confirmation Hearings”
As ex-Judge Ann Lokuta tries to force her own reinstatement after the jailing to two of her former colleagues on the Pennsylvania courts, the Pennsylvania Supreme Court has overturned as many as 1,200 juvenile convictions.
Continue reading “Pennsylvania Supreme Court Overturns Hundreds of Juvenile Convictions”
Former judge Ann Lokuta has an intriguing claim for reinstatement: her accusers turned out to be criminals. The Pennsylvania Supreme Court issued a stay of the Court of Judicial Discipline’s ruling to remove Lokuta and directed the Secretary of the Commonwealth not to place her judicial seat on the May ballot. Lokuta was removed after several weeks of testimony from dozens of witnesses about her abusive behavior toward courthouse staff and attorneys. However, she claims that the witnesses were part of the recent criminal conspiracy by former president judges Michael Conahan and Mark Ciavarella, who took kickbacks to send kids to jail.
In today’s series of stories of judges acting bravely and badly, here is one for the latter category. Judge Sharon Keller, Chief Judge of the Texas Court of Criminal Appeals, has filed her response to the charges of judicial misconduct and incompetence for ordering the closing of the clerk’s office after being informed of a last minute death-penalty appeal. She blames the lawyer and denies any responsibility in the matter.
Continue reading “Judge Keller Defends Herself Against Judicial Ethics Charges”
While Judge Richards in Florida is rescuing witnesses in Florida, former Wayne County Circuit Court Judge Mary Waterstone appeared on the other side of the bench this week as a criminal defendant. Waterstone joined a former prosecutor, Karen Plants, and two police officers Scott Rechtzigel and Robert McArthur as defendants in the case related to a 2005 drug trial. Controversy continues to swirl around the actions of Wayne County prosecutor Kym Worthy (left), who defended her prosecutor’s actions and resisted criminal charges — while aggressively pursuing the former mayor of Detroit and his aide for false testimony.
Continue reading “An Un-Worthy Moment: Judge, Prosecutor, and Two Police Officers Indicted Over False Testimony in Drug Case”
Broward County Circuit Court Judge Ian Richards does not like people messing around with his witnesses. In the video below, Richards flew off the bench to tackle John Charles Reasee II, 29, who attacked a woman, Nicole Word, testifying against him.
Continue reading “When Judges Attack: Florida Judge Leaps Off Bench To Tackle Defendant”
A recent study of capital cases in Texas shows that nine death row inmates lost their appeals due to the failure of counsel to file by the court deadline. Johnny Ray Johnson was put to death after his lawyers missed a filing deadline by one day. He is one of six such inmates put to death after missed deadlines.
Most law professors relish any reliance of a court on their academic writings. This may not be what Seton Hall Law Professor Robert Martin had in mind. Martin wrote about his experience as a juror in the New Jersey Law Journal after he and his co-jurors found a grocery store liable for $876,000. A New Jersey appellate court has now ruled that the publication is a sufficient reason to overturn the verdict based on his described conduct.
Continue reading “Publish and Perish: Law Professor’s Writing on His Jury Experience Leads to the Overturning of Verdicts”