Category: Courts

Courts, Criminal law, Lawyering

Judge Keller Defends Herself Against Judicial Ethics Charges

keller_sharon_newIn 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.

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Bizarre, Courts, Criminal law, Lawyering, Society

An Un-Worthy Moment: Judge, Prosecutor, and Two Police Officers Indicted Over False Testimony in Drug Case

klw2While 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.
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Constitutional Law, Courts, Criminal law, Lawyering, Society

Justice Delayed: Nine Death Row Inmates Lost Appeals Due to Late Filings By Counsel

260xstory1A 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.

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Academia, Bizarre, Courts, Lawyering, Society, Torts

Publish and Perish: Law Professor’s Writing on His Jury Experience Leads to the Overturning of Verdicts

martin_02Most 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.
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Bizarre, Courts, Criminal law, Justice, Lawyering, Society

Dressing Down: Judge Posner Demands Discipline of Prosecutor Over Alleged Misconduct in Salad Dressing Case

posnerhenries31-150x150Judge Richard Posner dressed down a federal prosecutor over expired salad dressing. Posner issued the ruling for his panel on United States Court of Appeals for the Seventh Circuit which included criticism of Assistant U.S. Attorney Juliet Sorensen for misleading statements.
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Congress, Constitutional Law, Courts, Media, Politics, Society, Supreme Court

Movie Night At Supreme Court: Justices Ready to Review Hillary: The Movie

hcws_2p_kl_trailer_640We have been following the case involving “Hillary: The Movie” since it first came out during the last presidential campaign. The legal dispute over the film was always more interesting than the film itself — whether this is a film or a 90-minute campaign ad. Now, the Supreme Court is set to review the film. Citizens United v. FEC (08-205) raises a fascinating question of what constitutes political advocacy and what constitutes a documentary. The Court will hopefully not produce another “I know politics when I see it” standard.

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Courts, Criminal law, International, Military, Politics, Society

International Red Cross Defines Bush Interrogations As Torture

torture -abu ghraib220px-barack_obamaThe International Committee of the Red Cross added its considerable authority and voice to those who have called the Bush interrogation policies torture under international law. Now, Bush officials, bar groups, countless experts, and leading international organizations have all agreed that Bush ran a torture program prohibited under a variety of treaties. Those treaties require the United States to investigate and prosecute such acts as war crimes. Yet, President Barack Obama continues to block any such investigation in flagrant violation of international law.

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Academia, Bizarre, Congress, Constitutional Law, Courts, Criminal law, Environment, International, Justice, Lawyering, Media, Military, Politics, Religion, Society, Supreme Court

HAPPY Pi DAY!!!

140px-pi-symbolsvgIt was only recently that many of us put away our Square Root Day decorations. Yet, it is now time to celebrate Pi day in all of its irrational glory. The irrational number is rounded off to 3.14, making March 14th the special day for all math geeks — and circle circumference fanatics.
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Constitutional Law, Courts, Criminal law, Justice, Military, Politics, Society

Obama Administration Drops Enemy Combatant Status as Basis for Holding Detainees

holderericIn a new filing, President Barack Obama has dropped “enemy combatant” status as an express standard for holding detainees at Guantanamo Bay. In the press release below, Attorney General Eric Holder has also informed a federal court in Washington, D.C. that it will no longer rely on the President’s independent authority as Commander-in-Chief — the basis for many of former President Bush’s most extreme claims. I discussed the change on this segment of the Rachel Maddow Show.
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Academia, Courts, Lawyering, Society

Federal Judge Chastises Harvard Professor Charles Nesson For Effort to Hold Deposition In a Classroom

gertner_nancynesson-04Harvard Law School professor Charles Nesson was the subject of a judicial rebuke from United States District Court judge Nancy Gertner over his request to hold a deposition before a live law school audience in a classroom. Nesson is a respected academic and founder of Harvard’s Berkman Center for Internet & Society. He has tried to incorporate his pro bono representation in a file-sharing case into teaching in novel ways.
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Bizarre, Courts, Criminal law, Lawyering, Society, Torts

One Angry Man: California Lawyer Faces Disbarment Over Alleged Misconduct as Juror

calbarsealThe California State Bar Court Review Department has recommended that San Francisco attorney Francis T. Fahy was disbarred after he allegedly said that he would change his vote simply to get back to his law practice. This is an amazing case that reads like a scene out of Twelve Angry Men when Juror Number 7 (Jack Warden) announces that he is willing to change his vote just to be in time for a New York Yankees game.

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Courts, Environment, Society

Suing Your Wild Oats: Whole Foods Agrees to Sell Chain in Antitrust Settlement

200px-whole_foods_market_logosvgWhole Foods Market has agreed to a settlement with the Federal Trade Commission in an antitrust case. Whole Foods has been under investigation since its merger with Wild Oats Markets, another high-end organic grocery chain. It was a miscalculation. FTC accused it of violating federal antitrust laws and now, in addition to the litigation costs, Whole Foods will have to sell 32 or 74 former Wild Oats stores.

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