Best wishes to everyone celebrating Christmas and Hanukkah. Our kids get to double dip on both holidays in a play to spread our bets between the two religions of the parents. We have just finished placing the last present under the tree in Chicago. We can now look forward to three hours of sleep before the C-Day invasion. As my gift to you, I have linked a truly inspirational holiday video: Jingle Bells played on microwave ovens below.
Continue reading “Happy Holidays!”
Category: Courts
While the family of Iraqi journalist of Muntazer al-Zaidi (or al-Zeidi) (including a brother who visited him) have alleged obvious signs of abuse and torture, investigating judge Dhiya al-Kenani has refused to allow an investigation into the matter — saying that such accounts are completely baseless. The problem has been the curious refusal of authorities to allow anyone to see al-Zaidi for many days and the decision to cancel an appearance in court shortly after his arrest. Then there are the accounts of witnesses who say that they heard him screaming after being taken away by Iraqi security.
Continue reading “Iraqi Judge: No Abuse Probe In Case of Shoe Thrower”
Former Chief U.S. District Judge Edward W. Nottingham Jr. has not filed a response to misconduct allegations that may lead to him losing his bar license. Nottingham resigned after a long scandal involving prostitutes and strip joints.
Continue reading “Judge Nottingham Silent on Bar Charges Threatening His License”
An interesting decision by an Ohio Municipal Court was just posted in State of Ohio v. Bontrager, (OH Munic. Ct., June 24, 2008). The court explored a free exercise challenge by Adam Bontrager who refused to install a septic tank because the use of electricity would violate his Amish beliefs. In the end, sewage treatment trumped free exercise.
Continue reading “Ruling: Amish Man Loses Religious Challenge to Septic Tank”
Attorney Damon Rossi, 38, was arrested last week for a curious crime: giving candy to his client in a Prescott, Arizona courtroom. Rossi had asked if he could give his client the candy and was told no. Seeing that his client was hungry, Rossi gave it to him anyway, asking “what are you going to do, arrest me?” The answer came the next day when he was arrested at his home.
Continue reading “Mr. Goodbar: Attorney Arrested for Giving Client Candy in Court”
In a surprising reversal, California Attorney General Jerry Brown asked the California Supreme Court on Friday to overturn Proposition 8 on the grounds that it violates basic rights guaranteed in the state Constitution. Brown had said that he would be duty bound to support the initiative in the courts. Traditional marriage advocates are now moving to retroactively invalidate the marriages of same-sex couples married before Proposition 8 passed in a the new round of litigation. Continue reading “Brown Seeks to Overturn Proposition 8 as L”
In a victory for civil liberties, the United States Court of Appeals for the Second Circuit has struck down provisions of the Patriot Act that prevent people from disclosing that they have received national security letters.
Continue reading “Court Rules Against National Security Letters and Provisions of the Patriot Act”
I am intrigued by the video below. Clearly there is history here but the video appears to show a man named Ian Freeman being arrested and jailed for the failure to sit down fast enough — around six seconds too long.
Continue reading “Freeman No Longer: Man Allegedly Jailed for Failing to Sit Down Fast Enough”
In a major ruling, the Supreme Court has ruled that litigation against light cigarettes may continue in a 5-4 decision. The ruling is not just a victory for anti-smokers, but also states rights advocates and common law advocates. The opinion reinforces the right of states to allow such lawsuits, which are not preempted by federal law.
Continue reading “Supreme Court Rules Against Tobacco Companies in Light Cigarette Litigation”
The Sklar litigation relating to the Church of Scientology was delivered another blow by the Ninth Circuit. Marla and Michael Sklar have been waging a rather lonely battle for 15 years to claim tax deductions for a portion of the tuition they pay to Jewish schools attended by their children. They are relying on the fact that the Internal Revenue Service granted Scientologists deductions for 80% of fees they pay for auditing and training. The IRS decision was viewed as the government knuckling under after litigation from Scientology and has raised legitimate concerns over equal treatment.
Continue reading “Sklars Lose Case Involving Scientology Tax Exemptions”
It appears that officers of the Humane Society of the United States may be caged themselves at Gitmo. This week, the Center for Consumer Freedom ran a huge ad in the New York Times accusing the Humane Society of the United States of helping an animal-rights terrorism group raise money. The CCF represents the fast food, meat, diary and alcohol industries and has attacked such groups as Mothers Against Drunk Drivers (MADD).
Superior Court Judge James Orlando of Pierce County, Washington has ruled that a 91-year-old man with proven dementia and a delusion disorder is still competent to stand trial for murder. Orlando held that competency is a “fairly low standard” that does not appear to exclude demented defendants like Joe Conway Elder.
Continue reading “Elder’s Law: Demented 91-Year Old Found Competent to Stand Trial”
New York Judge Thomas Spargo has been indicted for attempted extortion and attempted bribery. A former Albany County Judge, Spargo is accused of pressuring an Ulster County lawyer to give him $10,000 in 2003 and he was forced from the bench in 2006.
Just when the nightmare of John Ashcroft has receded in many minds, he’s back to remind us how we became an international pariah for our abandonment of fundamental legal principles and why the Supreme Court and other courts have ruled repeatedly against the Bush Administration. In the video below, Ashcroft scoffs at the suggestion that detainees deserve a fair trial, revealing his evident contempt for the rule of law.
Continue reading “Ashcroft “Stunned” People Think Detainees Deserve Due Process”
There is another interesting case to emerge from the New Hampshire Supreme Court. A former district court bailiff, Robert Theriault, 51, was charged with prostitution after offering a couple $50 to allow him to videotape them having sex. The Court ruled in the opinion below that the state could not prosecute him for prostitution on first amendment grounds since this is precisely what people do in making pornographic movies — which constitutes protected speech. One could call this the Isherwood Defense from Christopher Isherwood’s 1955 movie class, “I Am A Camera.”
Continue reading “I Am A Camera: New Hampshire Supreme Court Overturns Prostitution Conviction for Adult Movie Maker”