The now imprisoned U.S. District Court Samuel B. Kent has been openly bilking the government for salary and benefits by refusing to resign. His lawyer even acknowledged that his promise to resign in a year was due to his calculation that the Congress could not move any faster toward a Senate trial. It was a curious legal strategy since it virtually dared the Congress to expedite the matter, which it did. Kent has now been impeached in a fast track proceeding.
Continue reading “Judge Kent Impeached in Expedited Process”
Category: Courts
A state judge in Illinois has ruled that an Illinois law requiring state judges to retire after turning 75 is unconstitutional. Notably, the author of the four-judge decision Justice Charles Freeman (left) would himself be forced to retire under the law. In the meantime, the U.S. Supreme Court has voted against age discrimination claims of older workers.
Continue reading “Illinois Judges Rule That They Cannot Be Forced to Retire Based on Age While Justices in Washington Raise the Bar for Age Discrimination for Citizens”
In a split 5-4 decision, Chief Justice John G. Roberts, Jr. ruled that an individual cannot demanded access or testing to DNA material after his conviction becomes final in District Attorney’s Office v. Osborne (08-6).
Continue reading “Supreme Court Rules Against Constitutional Right to Access to DNA Testing”
Recently, many civil libertarians have been alarmed by legal changes in England restricting the media, free speech, prosecuting insults against religion, and other rollbacks. Now, the Lord Chief Justice has ruled that criminal trials no longer require a jury for the first time in England and Wales.
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It appears that expressions of affection cannot simply cost you a high school diploma, it can get you thrown in jail. Baltimore Circuit Judge Alfred Nance is known for having a temper in his courtroom and he appeared to have lost both his temper and his judgment when he ordered the jailing of Tamika Clevenger for throwing a kiss and saying “I love you” to her brother.
Continue reading “Baltimore Judge Orders a Woman Jailed For Saying “I Love You” to Brother”
Columnist Bonnie Erbe said last week that “it ought to be against the law” for people to call George Tiller “a murderer” and “anyone who [says such things] it ought to be prosecuted as an accessory to murder, as well as for partaking in domestic terrorism.” Others have also demanded that we treat such crimes as “domestic terrorism.” Below is today’s column on defining terrorism.
Continue reading “Defining Terrorism: We Can Call People Murderers Without Diminishing Their Crimes”
In Oklahoma, David Harold Earls, 64, has received a one-year jail sentence after raping a 4-year-old girl. The sentence has caused an outcry across the country and moves in the legislature to recall District Judge Thomas Bartheld, who gave Earls a twenty-year sentence with nineteen years suspended under a plea agreement between the prosecutors and defense counsel. He also fined Earls $1,000.
Continue reading “Oklahoma Man Pleads Guilty to Raping 4-Year-Old Child and Gets One Year in Jail”
The federal prison system has plenty of jailhouse lawyers. Now it has its first jailhouse judge (not to mention of jury of his peers). U.S. District Judge Samuel B. Kent began to serve his jail sentence today while still a member of the federal judiciary. He continues to refuse to resign. For those who were initially supportive of Kent, few people defend him now after his outrageous effort to bilk the judiciary for every possible dime of salary and benefits while dragging both the courts and Congress through the scandal that he created.
Baltimore City Circuit Court Judge Charles G. Bernstein has been found to have acted so improperly in two criminal cases that he became a “co-prosecutor” and denied the defendants a fair trial. Steven Diggs (found guilty of drug possession) and Damon Lamar Ramsey (convicted of possession and intent to distribute) will receive new trials.
Continue reading “Court: Judge Charles Bernstein Acted as “Co-Prosecutor” and Denied Defendants Fair Trial”
State prosecutor Maud Coujard has recommended that a Paris court dissolve the French branch of the Church of Scientology. Scientology has been accused of being little more than a criminal enterprise in France and other countries that uses escalating courses or levels to bilk individuals of thousands of dollars.
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U.S. District Judge Jeffrey White has cleared the way for Jose Padilla to sue University of California Professor John Yoo for the violation of his rights due to his physical abuse as a detainee. It is a relatively novel ruling that holds that government lawyers must be treated as other officials in participating in illegal programs or policies.
Continue reading “Judge Rules that Jose Padilla Can Sue John Yoo”
Civil libertarians have been outraged by President Barack Obama’s adoption of extreme Bush policies on secrecy and executive privilege, including his effort to dismiss public interest lawsuits and his Administration’s refusal to investigate war crimes committed by the Bush Administration. Now, Obama has filed to dismiss the case of Arthur Smelt and Christopher Hammer, who are challenging the 1996 Defense of Marriage Act (DOMA), which blocks same-sex couples from securing Social Security spousal benefits, filing joint taxes and enjoying other federal rights of marriage.
In a bizarre case, Bridgeville Borough resident has been convicted for repeatedly writing and calling his elected officials to complain about their lack of effort to relieve a local nuisance. If you count copies sent to some officers, Marshall Pappert sent around 350 and was arrested for criminal harassment. It is a good thing that Bridgeville prosecutors and courts did not exist when Thomas Paine was doing his incessant complaining about his government.
Continue reading “From Paine to Pappert: Citizen Arrested for Complaining Too Often to City Officials”
France’s highest court, the Constitutional Council, has ruled that access to the Internet is a basic human right in a decision striking down a key component of the a new internet piracy law by the Sarkozy administration.
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Civil libertarians have been complaining that many liberals are ignoring that Judge Sonia Sotomayor has been viewed as hostile to core liberal values and has a fairly conservative voting record in many areas, including free speech, student rights, and criminal procedure. For a review of her cases, click here. Another case has come to light that shows little of the empathy cited by the White House. While Vice President Joe Biden has emphasized the Sotomayor “watches the back of police” in cases (which is supported in some of her more controversial rulings), she has shown little empathy for those challenging police or convictions. The case of Jeffrey Deskovic is being cited as one such case.
Continue reading “Meaning of Empathy: Sotomayor Refused to Consider Appeal of Man Based on Technicality — Man Later Found Innocent Based on DNA”