Category: Courts

Constitutional Law, Courts, Justice, Lawyering, Society, Supreme Court

122 years ago today, a humble but brave shoemaker boarded a train.

By Charlton Stanley, Weekend Contributor

500px-Seal_of_the_United_States_Supreme_CourtOn this day in 1892 Homer Plessy was arrested for refusing to leave his seat in the “whites-only” car of a train. The resulting court case, which Plessy lost, generated one of the most disgraceful decisions the Supreme Court of the United States ever made.

On June 7, 1892 thirty year old Homer A. Plessy boarded a train in New Orleans. A short time later, Plessy was arrested and removed from the train at Press and Royal streets by a private detective with arrest powers. The detective had actually been hired by the Comité des Citoyens (Citizens’ Committee of New Orleans), a civil rights group of which Plessy was a member. They were challenging Louisiana’s 1890 separate-car law.

Continue reading “122 years ago today, a humble but brave shoemaker boarded a train.” →

Constitutional Law, Courts, Politics, Society

Marijuana Retailer Sues City Of Wenatchee, Washington After Denial Of Business License

By Darren Smith, Weekend Contributor

Entreating the GodfatherIn a new twist to the bureaucracy retailers in the fledgling retail marijuana business in Washington face, the City Council of Wenatchee has denied a business license to a retailer approved by the State Liquor Control Board, which regulates the industry, to begin setting up shop.

Shaun Preder, an owner on behalf of SMP Retail, LLC last Tuesday filed a lawsuit against the city in Chelan County Superior Court seeking declaratory and injunctive relief for prohibition of plaintiff’s right to sell marijuana. The declaratory relief sought is for the court to find that the city’s prohibition violates state law codified in RCW 69.50.608 and Article XI Section 11 of the Washington Constitution.

If the city elects to litigate the case there could be ramifications throughout the state and possibly others where recreational marijuana is legal.

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Constitutional Law, Courts, Criminal law, Lawyering

Former Florida Judge Disbarred Over Intimate Relationship With Prosecutor During Murder Case

gavel2We have previously discussed of former Broward Circuit Judge Ana Gardiner who had a secret intimate relations with a prosecutor trying a capital murder case in her court in 2007. She has now been disbarred despite her earlier resignation from the court. That is far harsher punishment than what was received by former assistant state attorney Howard Scheinberg, who was suspended for two years due to the relationship.

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Academia, Congress, Constitutional Law, Courts, Criminal law, Lawyering, Politics, Society

Federal Judge Stops Expulsion Of Duke Student Over Lack of Basic Due Process In Alleged Sexual Assault Case

Unknown-2I have previously written about my concerns over the elimination of basic rights of due process at universities for students accused of sexual assault or harassment under pressure from the Obama Administration. That pressure continues to build this year with the Obama Administration investigating dozens of universities and threatening to take away federal funds if they do not remove certain protections under their rules of adjudication. Now a North Carolina judge has issued a rare order enjoining Duke University from expelling a male student, Lewis McLeod, who was accused of raping a female freshman. The concern over the lack of due process afforded the accused is of course a continuation of the criticism of Duke over its handling of the infamous Duke lacrosse team case. I have previously written about my view that Duke abandoned not just those students but any sense of due process or fairness in joining the mob accusing them of raping a stripper.

Continue reading “Federal Judge Stops Expulsion Of Duke Student Over Lack of Basic Due Process In Alleged Sexual Assault Case” →

Courts, Criminal law, Lawyering, Society

Florida Judge Allegedly Threatens Public Defender, Challenges Him To A Fight, And Then Attacks Him Outside Courtroom

Unknown-1gavel2If the judges over in Broward County are having trouble staying sober, it appears that anger management may be the challenge for judges in Brevard County, Florida. Judge John Murphy has been accused of saying that he wanted to throw a rock at a public defender and then saying that he wanted to meet him behind the courtroom to “beat your ass.” According to public defender Andrew Weinstock, he proceeded to try to do precisely that. However, no criminal charges have been brought against Murphy and there is no reported judicial discipline proceeding.

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

Sudan Foreign Ministry States Christian Woman Sentenced To Death For Apostasy Will Be Freed

By Darren Smith, Weekend Contributor

meriam-yehya-ibrahim-apostasy-sharia-law-sudanAfter an international outrage and widespread condemnation following the death sentence of a pregnant, Christian Sudanese woman accused apostasy and adultery for her marriage to a Christian man, the Sudanese Government has publicly stated it would instead release Meriam Yehya Ibrahim from custody.

BBC News reports that Abdullahi Alzareg, an under-secretary at the foreign ministry, said Sudan guaranteed religious freedom and was committed to protecting the woman who was to be release in a few days.

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Courts, Lawyering, Politics, Society

Benched: Third Broward County Judge Arrested For DUI

rosenthal-judge-thumb-200x200fl-judge-gisele-pollack-dui-arrest-20140502-001Broward Circuit Judge Lynn Rosenthal (left) has been arrested for DUI after she not only alleged struck a car while driving drunk but it turned out to be a cruiser of the Broward County Sheriff’s Department. She is the third such judge in the county to be arrested. Last November, yet another Broward judge, Cynthia Imperato, was busted for DUI. Broward County Circuit Judge, Gisele Pollack (right) was arrested two weeks ago. Pollack’s case however raises an interesting issue. She has objected to a suspension under the Americans With Disabilities Act (ADA) and asked that she be placed on paid leave to overcome a “disease.” For the county citizens, the line of hammered (gaveled?) judges does not exactly instill faith in the court system.

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

Kerry To Snowden: “Man Up and Come Back to the United States.”

220px-John_Kerry_official_Secretary_of_State_portrait220px-Landsdowne_HeraklesWe previously discussed how terribly confused Hillary Clinton appeared in discussing National Security Agency leaker Edward Snowden. She just could not understand why he would not have trusted the government to deal with any problems or why he would not come back to the United States. Now, Secretary of State John Kerry is offering his own brand of macho advice to the kid: “man up and come back to the United States.” Sure leaders have called for him to be tried as a traitor and either incarcerated for life or executed. Sure, he is not guaranteed to see all of the evidence used against him or even be guaranteed a federal trial as opposed to a military tribunal. However, Kerry appears ready to give him an “attaboy” on his way to solitary confinement under Special Administrative Measures (SAMs) that cut off virtually any contact with the outside world.

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Constitutional Law, Courts, Criminal law, International, Politics, Religion, Society

Sudanese Judge Sentences Christian Woman To Be Flogged and Hanged After Giving Birth Unless She Renounces Her Religion

meriam-yehya-ibrahim-apostasy-sharia-law-sudanMeriam Yehya Ibrahim, 27, is a mother living in a Sudanese prison with her 20-month old son awaiting for the implementation of the latest example of abuses under Sharia law. Ibrahim is a Christian and a Sharia court judge in Khartoum sentenced her to be hanged for refusing to renounce her religion after she gives birth to her second child and nursed her child for two years. She was given three days to renounce her faith to avoid flogging and hanging. It is that like perverse type of accommodation that has defenders claiming that Sharia law is really more humane and enlightened than Western law. For the rest of humanity, it is an unspeakable atrocity.

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Congress, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Media, Politics, Science, Society, Uncategorized

The NRA Has Blood on its Hands

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

 

It has happened again.  A mass killing at the hands of a person armed with knives and three semi-automatic handguns and 400 rounds of ammunition.  This time the alleged shooter stabbed three to death and then went on a shooting spree that ended with at least three more dead and a total of 8 injured/wounded people from gunshot wounds and 5 more injured by his knives or by being hit by his car. Continue reading “The NRA Has Blood on its Hands” →

Constitutional Law, Courts, Criminal law, Free Speech, Media, Society

Federal Court Holds Hearing On Potential Sanctions and Special Master’s Investigation In World Bank Protest Case

200px-World_Bank_Logo.svgThis afternoon, United States District Court Judge Emmet G. Sullivan will hold a hearing in the Chang litigation over the mass arrests during the World Bank/IMF protests. The hearing was called to specifically explore the possible sanctions to be imposed against the District of Columbia and the status of the Special Master’s investigation and litigation. Since I am co-lead counsel with my colleague Daniel Schwartz of Bryan Cave, I have been circumspect in any public comments in the case. However, to reduce calls to my office, we have been posting the relevant information and filings for hearings in the case. The hearing will be held at 11:30am in courtroom 24A on Tuesday, May 20, 2014 at the federal courthouse in Washington, D.C.

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Congress, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Politics, Supreme Court, Testimony, Uncategorized

Did The Justice Department Lie to the Supreme Court…And Get Away With It?

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

Thanks to the disclosures made by whistleblower Edward Snowden, we now know how far our government went to hide the warrantless surveillance by the NSA. “If you blinked this week, you might have missed the news: two Senators accused the Justice Department of lying about NSA warrantless surveillance to the US supreme court last year, and those falsehoods all but ensured that mass spying on Americans would continue. But hardly anyone seems to care – least of all those who lied and who should have already come forward with the truth. Continue reading “Did The Justice Department Lie to the Supreme Court…And Get Away With It?” →

Courts, Lawyering, Media, Science, Society

GM Speak

By Mark Esposito, Weekend Contributor

gmrecallLoose lips sink ships and auto manufacturers, too, it seems. Lost amid much of the commotion on Friday surrounding GM’s agreement to pay the largest possible fine ($35 million) for failing to recall defective ignition switches in its Cobalt car line which are linked to 13 deaths already, was a 2008 presentation GM made to its employees.  Made during the public bailout of GM by American taxpayers, the presentation obviously was designed to thwart plaintiff’s discovery in similar product liability law suits. The mandatory video outlaws certain words from GM’s internal correspondence which are routinely used to demonstrate exactly what the auto giant knew and when it knew it in court. These internal memos are crucial to determining  the then prevailing sentiment about auto safety issues by the people who knew it best — the engineers and scientists who design and test the cars.

Burned already by damaging emails, GM directed its employees to refrain from words like, “Hindenburg,” “powder keg,” “Titanic,” “apocalyptic,” “You’re toast,” and “Kevorkianesque.” They weren’t too keen on certain phrases either, like “This is a lawsuit waiting to happen,” and “Unbelievable engineering screw-up.” The masters at GM found such language to be “examples of comments that do not help identify and solve problems.”

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Constitutional Law, Courts, International, Justice, Politics, Religion, Society

Sudanese Judge Imposes Death Sentence On Woman Who Allegedly Converted To Christianity And Later Married

By Darren Smith, Weekend Contributor

Merriam's WeddingA twenty seven year old Christian woman, who is presently eight months pregnant, has been sentenced to death by hanging for apostasy and adultery. Having been born to a Muslim father, the Sudanese government contends that Meriam Yahia Ibrahim Ishag, was Muslim and that she later converted to Christianity before marrying her South Sudanese husband, a Christian. Sudanese law considers marriages between Muslims and non-Muslims to be invalid. Under Sudan’s interpretation of sharia, a Muslim woman cannot marry a non-Muslim man and any such relationship is regarded as adulterous. Thus, her pregnancy is considered to be resulting from an adulterous relationship, punishable by one hundred lashings.

Judge Abbas Mohammed Al-Khalifa sentenced Meriam to death and declared:

“We gave you three days to recant but you insist on not returning to Islam. I sentence you to be hanged,” The judge addressed her by her father’s Muslim name, Adraf Al-Hadi Mohammed Abdullah.

Ms Ishag reacted without emotion when the judge delivered the verdict at a court in the Khartoum district of Haj Yousef. Earlier in the hearing, an Islamic religious leader spoke with her in the caged dock for about 30 minutes. Then she calmly told the judge:

“I am a Christian and I never committed apostasy.”

Amnesty International said Ms Ishag was raised as an Orthodox Christian, her mother’s religion, because her Muslim father was absent.

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Courts, Lawyering, Politics, Society

California Courts Lay Off Hundreds, Close Courts, and Even Hold Garage Sales To Deal With Budget Cut

220px-Tag_Sale_Sign260px-Bulloch_county_courthouse_statesboro_georgia_2005We have previously discussed the lack of priority in this country as Congress has spent trillions on wars and corruption in Iraq and Afghanistan while our most basic state and federal public programs and services are cut. Indeed, we spend billions on increasingly hostile countries like Pakistan or affluent countries like Israel while our educational system and infrastructure collapses. There is no greater example of that lack of priority than the decline of our court systems which are woefully underfunded and facing a growing crisis in dealing with civil and criminal cases. I often speak to judges and they all complain that they are overwhelmed and unable to meet the most basic demands of the legal system. In California, one court had to resort of a garage sale while another is imposing a $1 a page charge for people to get copies of needed court records. Our legal system is one of the most basic governmental functions — the very definition of a nation committed to the rule of law. However, California alone shows how dire the situation has become.

Continue reading “California Courts Lay Off Hundreds, Close Courts, and Even Hold Garage Sales To Deal With Budget Cut” →