Category: Courts

Constitutional Law, Courts, Criminal law, International, Justice, Media, Politics

Italian High Court Acquits Amanda Knox And Raffaele Sollecito

By Darren Smith, Weekend Contributor

Amanda Knox
Amanda Knox

In what hopefully will become the conclusion of an oppressive years long ordeal, Italy’s highest court, the Court of Cassation, overturned the murder convictions against Amanda Knox and Raffaele Sollecito.

The news came as somewhat a surprise considering the zeal at which the prosecution fought to ensure the defendants be imprisoned for over two decades. The subsequent court drama and media circuses made it seem an almost foregone conclusion her fate would ultimately rest upon an extradition hearing within the purview of American courts.

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Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Media, Military, Politics, Society, Supreme Court

Court Sentences Man To 13 Years For Removing Turkish Flag

By Darren Smith, Weekend Contributor

Flag of TurkeyIn an injustice to both the liberty of a Kurdish man and free speech in general a court in Turkey handed down thirteen year sentence to a defendant accused of removing a Turkish flag at a military base near Diyarbakir, Turkey. The disproportionate sentence followed an outraged Recep Erdogan who declared after the act, “[w]e don’t care if he is a child. Even if a child dares to take down our sacred flag both him and those who send him there will pay a price.”

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Courts, Criminal law

Color Of Variable Speed Limit Signs Could Jeopardize Criminal Cases Resulting From Speeding Offense Probable Cause

By Darren Smith, Weekend Contributor

variable-speed-yellow-black-largeCriminal Cases resulting from speeding offense probable cause may be in jeopardy due to improper colors used variable speed limit signs. If courts determine that these signs violate statutory signage standards, exclusionary rules may apply resulting in dismissals of numerous criminal cases.

An example of this is found on Interstate 90 straddling Snoqualmie Pass in Washington State. Over a decade ago, the Washington State Department of Transportation installed Highway Advisory Beacons, near the mountain pass to warn driver of upcoming hazards along with incorporation into the state’s variable speed limit statute. An example of these types of signs is pictured above.

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Congress, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Politics

Turley Testifies Before House Committee On Restitution For Child Pornography

unnamed-1This morning I will be testifying in the House of Representatives before the Subcommittee on Crime, Terrorism, and Homeland Security of the Committee on the Judiciary. The hearing is entitled “Child Exploitation Restitution Following the Paroline Decision” and addresses a long-standing controversy over the limits on restitution in such cases. My testimony is below.

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Congress, Constitutional Law, Courts, Criminal law, Environment, Free Speech, International, Justice, Lawyering, Media, Politics, Supreme Court, Uncategorized

If The TPP is Such a Great Idea, Why Keep it a Secret?

250px-Leaders_of_TPP_member_states

Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

The Obama Administration has been pressuring members of Congress to pass the bill that will give President Obama the “fast track”  authority to negotiate the Trans-Pacific Partnership(TPP) agreement without any debate in Congress.  Fast track authority would not allow for any amendments and the bill would remain secret until just before it is voted on.

“President Obama is currently pressing members of Congress to pass Fast-Track authority for a trade and investment agreement called the Trans-Pacific Partnership (TPP). If Fast Track passes, it means that Congress must approve or deny the TPP with minimal debate and no amendments. Astonishingly, our lawmakers have not seen the agreement they are being asked to expedite.” Nation of Change Continue reading “If The TPP is Such a Great Idea, Why Keep it a Secret?” →

Courts, Criminal law, Lawyering, Politics

Ohio Judge Reprimanded After Berating Jurors For Acquitting Criminal Defendant

Judge_Amy_Salerno_2005Judge Amy Salerno of Franklin County, Ohio has been reprimand for a serious breach of judicial ethics. Salerno lashed out at jurors after they acquitted a defendant and said that it was a “slam dunk” case. Salerno was ranked as the worst judge in the Columbus Bar Association survey in 2007, 2009, 2011, and 2013. She appears intent on continuing her ignoble distinction. We previously discussed the case.

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Constitutional Law, Courts, Media, Politics, Society, Supreme Court

Supreme Court Hears ACA Challenge Amid Dire Warnings From The Administration

Supreme CourtThe Supreme Court has decided to wade back into the controversy over the Affordable Care Act (ACA) or “Obamacare” today with the granting of review of King v. Burwell, No. 14-114. I have previously written about the King case as well as the parallel case in the D.C. Circuit in Halbig. Today, the Supreme Court will hear oral arguments in King and there appears a rather transparent effort by the Administration to give justices sticker shock in considering the challenge, particularly Chief Justice John Roberts. [For full disclosure, I am lead counsel in the challenge filed by the United States House of Representatives to different ACA changes ordered unilaterally by President Obama in House of Representatives v. Burwell.

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Animals, Courts, Criminal law, Justice, Society

Pet Shop Owner Accused Of Arson Involving Puppies Convicted
Gloria Eun Hye Lee
Gloria Eun Hye Lee

By Darren Smith, Weekend Contributor

There are crimes where a defendant’s depraved actions almost beg for a strong sentence. Torching a pet store and pouring kerosene on puppies certainly qualifies.

Just over a year ago we reported the case of Gloria Eun Hye Lee who, along with codefendant Kirk Bills were accused of conspiracy, insurance fraud, arson, and animal cruelty for an outrageous event where the two set fire to Gloria’s Las Vegas Prince and Princess Pet Botique.

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Academia, Constitutional Law, Courts, Free Speech, Justice, Politics, Society, Uncategorized

Gov. Bruce Rauner Declares War on Higher Education and the Poor in Illinois

Bruce_Rauner_August_2014

Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

I have to give Governor Bruce Rauner credit for not taking long to show his hand and publicly attack the Higher Education system in Illinois.  It has only been a few weeks since he was inaugurated and he recently unveiled his budget.  A budget plan that slashes over $200 million just from the University of Illinois alone.

At the very time Gov. Rauner announced he wants to slash the Higher Education budget for all universities in the State of Illinois by almost a third, he claimed that his budget makes education a priority!  Continue reading “Gov. Bruce Rauner Declares War on Higher Education and the Poor in Illinois” →

Constitutional Law, Courts, Free Speech, Religion, Society, Supreme Court, Torts

Court Rules Against Washington State Florist Who Refused To Make Wedding Flower Arrangement For Gay Couple

By Darren Smith, Weekend Contributor

Baronelle Stutzman
Baronelle Stutzman

We previously wrote HERE of Richland, Washington Florist Baronelle Stutzman, the owner of Arlene’s Flowers, who caused a row when she refused to provide her floral services for a gay wedding. Now, a Benton County Superior Court Judge ruled that she violated the state’s consumer protection act that bars discrimination against a protected class.

The legal action was brought by customer Robert Ingersoll and the Washington Attorney General’s Office.

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Bizarre, Courts, Criminal law, Society

Mississippi Judge Indicted For Allegedly Assaulting A Mentally Disabled Man In Racial Incident At Flea Market

635595197608427362-WeisenbergerJustice Court Judge Bill Weisenberger of Madison County has been indicted on a charge of simple assault involving a confrontation that he allegedly had with a mentally disabled man in which the judge was accused of striking Eric Rivers, a 20-year-old African American, and yelling “Run, ni**er, run.” The alleged assault occurred at the Canton Flea Market on May 8 of last year where Weisenberger was working as either a security guard or a traffic monitor (accounts differ).

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Congress, Constitutional Law, Courts, Politics, Society

Federal Judge Halts Obama’s Executive Action On Illegal Immigration

President_Barack_ObamaU.S. District Judge Andrew Hanen delivered a major blow to President Barack Obama’s unilateral executive action on immigration with a preliminary injunction in Brownsville, Texas. The case involves a challenge by 26 states and, to succeed, the states had to meet a high standard that they were likely to prevail on the merits in the case. Hanen found that, absent an order, the states will “suffer irreparable harm in this case.” The ruling sets up an appeal that could move the case more rapidly through the system in yet another challenge to the President’s unilateral actions. [For the purposes of full disclosure, I have previously testified against the President’s unilateral actions and I am currently serving as lead counsel to the House of Representatives in its challenge to such actions taken with regard to the Affordable Care Act.]

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Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Politics, Society

Will HSBC Be Too Big To Jail…Again?

220px-HK_HSBC_Main_Building_2008

Respectfully submitted by Lawrence E. Rafferty, (rafflaw) Weekend Contributor

British banking giant, HSBC reached an agreement in 2012 with the Department of Justice that kept it from being hauled in to court on criminal charges due to its systemic assistance in laundering money for drug cartels and allegedly terrorists.  HSBC, with its Hong Kong headquarters shown above, is now in trouble again for alleged problems prior to the settlement agreement in 2012.

“The US Department of Justice is considering bringing criminal charges against HSBC and its executives as part of its investigation into whether the bank’s Swiss subsidiary helped US clients evade taxes.

Democratic senator Elizabeth Warren called on prosecutors to “come down hard” on HSBC if the bank is found to have colluded with tax evaders on Tuesday.

Her intervention came as US government officials with knowledge of the DoJ’s investigation provided the Guardian with new details about the inquiry.

Renewed focus has been placed on the long-running investigation into HSBC Switzerland by the department, after a huge leak of secret bank data – passed to the DOJ’s tax division almost five years ago – was obtained by the Guardian and other media.

It shows that HSBC Switzerland helped some clients conceal millions of undeclared assets, and has immediately raised questions on Capitol Hill about the response from prosecutors and tax authorities.  US government officials said the investigation is not merely looking at HSBC’s US clients, and could also result in criminal indictments against the bank itself. “That has not been ruled out,” one official said, when asked if HSBC or its executives could be criminally indicted. “It is certainly something that is under consideration.” ‘ Reader Supported News  Continue reading “Will HSBC Be Too Big To Jail…Again?” →

Animals, Bizarre, Courts, Torts

$500,000 Default Judgment Issued Against Defendant Over Barking Dog

By Darren Smith, Weekend Contributor

howling-wolfIn what certainly will be a good civics lesson taught to high school teenagers to prepare them for the world ahead, Seattle resident Denise Horton’s neighbor was awarded a half million dollars in a default judgment in a dispute over her dog’s barking. Denise failed to report to trial, claiming it was a “bunk.”

The bunk caught up to her after the sheriff’s office arrived to serve her with a writ of execution for her house.

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Bizarre, Courts, Lawyering

Florida 80-Year-Old Woman Charms Judge and Courtroom Impromptu “Stand Up Routine”

Screen Shot 2015-02-14 at 7.26.08 AMThere are some people who really do not need counsel. Eighty-year-old Dolores Sheinis entirely charms Judge John Hurley in the course of setting a home monitoring condition and protective order.

Continue reading “Florida 80-Year-Old Woman Charms Judge and Courtroom Impromptu “Stand Up Routine”” →