We have another case of a child dying from a relatively minor condition while surrounded by praying adults. Kent Schaible, 2, died of bacterial pneumonia because the parents Herbert and Catherine Schaible believed in faith-healing and declined to get medical attention for the child in Philadelphia. This is strikingly similar to the case of Leilani and Dale Neumann in Wisconsin who were recently given light sentences in such a faith-based case. As shown below, difficult questions are raised by the disparate treatment given parents who neglect children for religious as opposed to non-religious reasons. Continue reading “The Good Faith Defense: Parents Given More Lenient Treatment When Children Die in Faith-Based Neglect”
Category: Courts
In Raleigh, James Nichols says he wants to find God but he can’t find him in North Carolina. The convicted sex-offender was arrested when he tried to attend church because he is not allowed to be present on any property where children are present, such as in the church’s daycare center. It is only the latest in a series of cases that pit the freedom of religion against sex offender laws.
Continue reading “Finding Jesus in All the Wrong Places: Man Barred From Church Under North Carolina’s Sex Offender Laws”
We have been following the bizarre case of former Mobile County Circuit Judge Herman Thomas who is accused of ordering the male inmates be brought to his chambers where he would spank them and have sex with them. With the judge facing trial on various criminal charges, the case took another strange turn when a former inmate charged in a lawsuit that his former attorney coerced him into testifying against the judge. The case of Willie Pearson was dropped after he accused attorney Joe Kulakowski of threatening him. However, the prosecutor insists that the other cases will proceed as planned for trial.
Continue reading “Former Alabama Judge Faces Trial This Week For Allegedly Spanking and Sexually Assaulting Inmates in Chambers”
As if by divine intervention, the debate over the separation of church and state was answered today — even as the Supreme Court took up the case of Salazar v. Buono ( 08-472). This picture clearly shows Jesus giving the Constitution to the drafters — resolving any suggestion that the original framers envisioned a separation. It came directly from Jesus and should moot the case heard by the Court today.
Continue reading “The Case Against the Separation of Church and State”
Below is today’s column on the first day of the October Term for the Supreme Court. It specifically explores the first amendment cases on the docket. There are four major such cases thus far on the docket and, most importantly, two free speech cases that will be strong indicators of the views of Justice Sonia Sotomayor.
Continue reading “Justice Sonia Sotomayor’s Free-Speech Tests”
Judge Charles J. Markey is asking for a public rehearing. The New York Law Journal and the ABA Journal ran a story detailing how Markey allegedly denied a motion or dismissed a case due to improper stapling. The story was picked up on various legal blogs, including this blog. However, Markey has written a letter to the editor insisting that the facts have been distorted and that this was no “case of first impression” of dismissal for negligent stapling. He seems to have a case.
Continue reading “Decoupling the Staple Story: New York Jurist Challenges Account Over Negligent Stapling Story”
The Supreme Court has accepted a major handgun case, McDonald v. Chicago, that will define the scope of the recently recognized individual right under the Second Amendment. It will also allow new Justice Sonia Sotomayor to vote on the very issue that led to much of the opposition against her in her confirmation.
Continue reading “Supreme Court Takes Chicago Handgun Case in Major Test of Second Amendment Rights”
Florida State bar authorities have fined trial lawyer Sean Conway $1,200 for criticizing Ft. Lauderdale Judge Cheryl Aleman on a blog, including calling Conway an “evil, unfair witch.” We previously discussed this case, here. The ruling is a major blow to free speech and another case of courts or the bar overreaching in punishing lawyers and parties for their criticism of judges. What is particularly interesting is that Aleman has been charged with misconduct by the Judicial Qualifications Commission.
Continue reading “Florida Supreme Court Upholds Sanction Against Lawyer Who Called Judge a “Witch” on a Blog”
The United Nations Fact Finding Mission on the Gaza Conflict will issue a report today accusing Israel of “actions amounting to war crimes, possibly crimes against humanity” during its military incursion into Gaza from December 27 to January 18. The mission headed by respected South African judge Richard Goldstone is a major development in the controversy and could put the United States in a very difficult position.
Continue reading “U.N. Report: Israel Committed War Crimes In Gaza”
Over the last decade, legislators have rushed to impose broader and broader restrictions on sex offenders that prohibit them from living within certain distances of churches, schools, and other locations. The result is often effective banishment or homelessness for sex offenders. Georgia’s politicians have been so careless in their legislation that officials are now recommending that sex offenders live in the forests.
Attorney Todd C. Bank really liked his Operation Desert Storm hat. Almost as much as Eastern District of New York Judge Nicholas G. Garaufis (left) disliked it. Bank, a sole practitioner in Queens, lost his constitutional claim that he had a right to wear jeans and a hat of his choice in court. Garaufis ruled that any desire to accessorize would occur outside of the Constitution and his court (or any other court for that matter).
Continue reading “Legal Question of the Day: Should A Lawyer Be Able to Wear Jeans and Hats in Court?”
A Polish court has awarded Alicja Tysiac $11,000 against a Catholic magazine, Gosc Niedzielny, after the magazine compared her to a child killer and a Nazi. While it is impressive to see a court levy such damages against a Catholic publication in this very Catholic nation, the ruling does raise freedom of speech issues.
Continue reading “Polish Court Awards Damages to Woman Who Was Compared in Article to the Nazis for Trying to Obtain an Abortion for Health Reasons”
New York Supreme Court Judge Charles Markey takes stapling very seriously. He took counsel to task for not just injurious stapling but failing to sign pleading, which were apparently signed in blood by the clerks.
Continue reading “New York Judge Uses Decision to Chastise Attorneys on Improper Stapling Motion for “Negligent Stapling””
Below is today’s column on the aftermath of the Joe Wilson controversy. The threat of the Democrats to punish members using certain words to criticize the President raises some novel and unresolved constitutional questions.
A New Jersey court has handed down a ruling that may be cited in thousands of disputes over pets by divorcing or separating couples. Doreen Houseman and Eric Dare split up after 13 years as an unmarried couple in 2006 and agreed on the easy division of possessions with one notable exception: Dexter, their pet pug. Now, Judge John Tomasello has ruled that the former couple must have joint custody of the six-year-old dog — rotating every five weeks.
Continue reading “Half-a-Pug Each: Court Orders Joint Custody of Pet for Former New Jersey Couple”