Category: Courts

Thirteen Angry Men: Mistrial Declared After Texas Man Convicted by Vote of 13-0

200px-12_angry_menNow, coming from Chicago, I find nothing curious about this story. However, District Judge Mark Kent Ellis was a bit concerned when a jury returned a conviction against Charles Mapps in only 45 minutes by a vote of 13 jurors. Some would say that would make him really really guilty, but there is a small problem of being a violation of the state constitution.

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Texas Lawyer Sues Judge Over Stalking Comment

carlThere is an interesting case filed in Dallas, Texas where attorney Evan Lane “Van” Shaw has sued 193rd District Judge Carl Ginsberg (left) after the judge alleged that Shaw was stalking him. He is suing the judge for libel and slander. The case raises provocative questions about not just recusal but defamation.

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Florida Judge Thomas Stringer Resigns Over Dealings With Stripper

image004Florida Judge Thomas E. Stringer Sr. has resigned after the disclosure of his dealings with a stripper, Christy Yamanaka, 48. Stringer was accused of helping Yamanaka of hiding assets from their creditors. The allegations were previously discussed on this blog.
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Texas Judge Accused of Failure to Pay Legal Costs in Daughter’s Manslaughter Case

judgeTexas Judge Pat Shelton has already attracted a great deal of controversy over his role in the defense of his daughter, Elizabeth Shelton, who was convicted of drunk driving that led to the death of her boyfriend, Matthew McNiece. Not only did Shelton sue the car that she hit but Judge Shelton attacked the man who is credited with saving his daughter. Now, Judge Shelton is accused of not paying his legal bills in the case.
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Schiavo Mediterranean Style: Italy Halts Effort to Terminate Woman in Vegetative State

eluana-englaro-001Italy is in the midst of its own Terri Schiavo controversy. Italian prime minister, Silvio Berlusconi, has intervened to prevent doctors from carrying out the wishes of Eluana Englaro and her family to discontinued life support. Englaro has been in a coma for 17 years after a car crash in 1992. Berlusconi consulted with the Vatican and declared: “This is murder. I would be failing to rescue her. I’m not a Pontius Pilate.” The prime minister added that one of the things that persuaded him is that she was “in the condition to have babies.”

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Texas Court Finally Clears Man of Rape . . . . Ten Years After He Died in Prison

image_8396603You would think that Timothy Cole would be a happy man. Texas State District Judge Charles Baird has expunged his conviction of a 1985 rape in Lubbock, Texas of Texas Tech University student Michele Mallin. The problem is that he died in prison ten years ago.

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Taney Bound

300px-uscgc_taneyFurther entries on Sunday will be delayed due to my deployment on the Cutter U.S.S. Taney (USCGC Taney (WPG/WHEC-37)).
My two eldest sons and I are scheduled to sleep over on the Taney on Saturday night. Men going off to sea on a warship is nothing new, but not since the Fighting Sullivan brothers has one family decided to serve in the same ship.

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The Rat Has Rights: 10-Foot Inflatable Rat Prevails in New Jersey Supreme Court

rat_babbioThe New Jersey Supreme Court has ruled in favor of a 10-foot inflatable rat. The International Brotherhood of Electrical Workers union was using the giant rat in protests when the officials at the Lawrence Township informed the union that the rat violated a ban on banners, streamers and inflatable signs, except those announcing grand openings. The New Jersey Supreme Court has ruled that the rat has rights . . . or at least the union under the first amendment.
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What the Hecht? Prosecutors Boycott New Judge Accused of Prostitution Offenses

pier09mhMichael Hecht, a new Washington state judge in Pierce County Superior Court, has a docket that most judges would relish: virtually no substantive cases. The reason is that country prosecutors are refusing to try cases before Hecht, who has been charged with soliciting prostitutes and then threatening a 24-year-old male prostitute. Hecht ran in part on his work in building stable and moral families.

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Grandpré Malfunction: Canadian Courts Refuse to Lift Prior Restraint on Journalist Covering Court Case

images3The Canadian courts are facing an important issue involving a free press — and they seem to be failing the test. The Quebec Court of Appeal this week refused to remove a gag on Daniel Leblanc, a Globe and Mail reporter ,who was barred from disclosing facts about negotiations in a civil lawsuit. It is a prior restraint by Justice Jean-François de Grandpré that would be viewed as an outrage in the United States.

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Court Rules Against “New York’s Most Obnoxious Lawyer”

thumb_big_mouthKenneth Heller has earned the reputation as “New York’s most obnoxious lawyer” and his record is hardly improving. A New York appellate court has upheld a finding of contempt and sentence (30-day in prison and $10,000 fine) after Heller refused to turn over his files in a wrongful death case.

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Texas Judge and Florida Prosecutor Win Favorable Treatment in Their Own Drunk Driving Cases

judgeelizabeth_berrySP_200810_HO_WARDELLIn Florida and Texas, the courts are known to be pretty harsh on DUI and other offenses. However, at least one Texas judge and Florida prosecutor seem to have found ample due process and mercy in the handling of their own DUI cases. In Waco, District Judge Elizabeth Berry, 43, has been able to keep out the result of a blood test that showed that she was driving drunk. In Tampa, former Pinellas-Pasco prosecutor Lydia Wardell, 41, (known for her own unforgiving treatment of DUI offenders) avoided jail time for her second DUI arrest.

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In Fecal Delicto : Californian Man Assaults Lawyer and Jury With Feces in Court

gavel2These are the types of dangers that law school simply does not prepare you for. Weusi McGowan, 37, wanted San Diego Superior Court Judge Jeffrey Fraser to replace his public defender Deputy Alternate Public Defender Jeffrey Martin. Fraser refused, so after a break McGowan returned to court and promptly produced a plastic baggie with fecal matter and smeared in on the face and hair of Martin. He then tossed the waste at the jury. The home-invasion robbery suspect got a new trial, a new lawyer, and presumably a new assault charge.
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Congress Re-Considers D.C. Vote Legislation

260px-capitol_building_full_viewThis week, I testified again in opposition to the current legislation to create a new form of non-state voting member in the House of Representative for the District of Columbia. The hearing before the House Judiciary hearing was quite lively and it appears that the bill has the votes to pass. My testimony is linked below.

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Mexico Man in Paris Sues State of Maine in Oxford Court Over Religious Use of Pot

marijuana-leafNorman Hutchinson, 48, is a member of the Religion of Jesus Church who lives in Mexico, Maine. He has filed a lawsuit in the Oxford Courthouse in Paris Maine against the state, the Maine Drug Enforcement Agency and the Mexico Police Department to protect his right to use marijuana for religious reasons.

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