Category: Courts

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

Nigeria Flogs Four Homosexuals . . . Crowd Demands Death

300px-Fomfr_whipThe persecution of homosexuals continues in Nigeria with four young men convicted of homosexual relations and flogged on in open court. The judges and lawyers watched as the men (aged 20 to 22) were laid prostrate on the floor, stripped, and whipped on their buttocks in a demonstration of Sharia justice. The sadomasochistic nature of the punishment appears to have escaped the onlookers. While a crowd outside tried to grab the men to kill them, the court explained that stoning was not needed since the men admitted to homosexual acts previously but said that they were no longer engaging in such relations.

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Constitutional Law, Courts, Criminal law, Lawyering

Fifth Circuit Dismisses Challenge Of Conviction Based On The Testimony Of Discredited Mississippi Pathologist

SteveHayne2-300x168There is a decision by the United States Court of Appeals for the Fifth Circuit that captures the often impossible burden placed on convicted felons in seeking new trials after errors or unfair rulings. Tavares Flaggs is a Mississippi man serving a life sentence for murder. His trial featured the discredited medical examiner, Steven Hayne (left) who has been shown to have given flawed or false testimony, including testimony in death penalty cases. Hayne sought a new trial in a post-conviction 28 U.S.C. § 2254 application. The Fifth Circuit denied the motion in three paragraphs that is as short as it is dismissive in considering the underlying issues. The government effectively argued that its witness was so notorious that the defense should have raised his incompetency at trial. It succeeded. The entire decision is below.

Continue reading “Fifth Circuit Dismisses Challenge Of Conviction Based On The Testimony Of Discredited Mississippi Pathologist” →

Congress, Constitutional Law, Courts, Criminal law, International, Justice, Lawyering, Media, Military, Politics, Supreme Court, Uncategorized

Abdullah al-Shami vs. The Fifth Amendment

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

The Fifth Amendment protects all United States citizens by guaranteeing us all the right of due process of law. The Fifth Amendment is meant to ensure that the government has to at least prove to a court that a citizen is guilty of any crime that he or she is charged with.

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Cornell Law

Without the Fifth Amendment, the government could grab any citizen off the street and proceed to jail them or execute them without a trial of any kind where the accused could mount a defense to the government’s charges.  It seems that the Obama Administration is once again in the process of deciding whether it will unilaterally execute an American citizen believed to living in Pakistan.  Or at least, preparing us for a kill decision that they have already made. Continue reading “Abdullah al-Shami vs. The Fifth Amendment” →

Courts, Criminal law, International, Justice, Lawyering, Science, Testimony

Phylogenetics: Finding The Smoking Genome

By Mark Esposito, Weekend Contributor

maeso-hepatitis-valencia_thumbBespectacled Juan Maeso led a fairly mundane life as an anesthetist in the Spanish coastal town of Valencia. All that changed in 2007 when Maeso was convicted of serial murder. A morphine addict, Maeso had been skimming the painkiller meant for his patients and then using the same compromised needle to inject them. Over a decade, 275 patients contracted hepatitis-c (HCV)  and four of them died from complications from the disease. A Spanish court sentenced Maeso to 1,933 years in prison but the sentence pales in interest to how the murderous soporifist was finally caught.

A fascinating article in the journal Nature details the laboratory hunt for the killer with all the twists and turns of an Arthur Conan Doyle story. Led by researchers at the University of Valencia, the work involved analyzing and categorizing 4200 viral sequences to backtrack to Maeso’s particular strain of hepatitis-c. The process known as phylogenetic forensics has been successfully used to track down the origins of such infamous cases as the 2009 anthrax-laced heroine scare in Europe and the case of Bruce Ivins, a microbiologist at the US Army Medical Research Institute, strongly suspected of sending anthrax tainted letters to Senators in 2001. Ivins committed suicide before charges were placed.

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

Congress Considers Legislation To Respond To Executive Nonenforcement Of Federal Law

260px-capitol_building_full_viewThis morning I will be testifying before the House Judiciary Committee at 10 am. (I hope to post other stories after I return from Congress this afternoon) The hearing is entitled “Enforcing the President’s Constitutional Duty to Faithfully Execute the Laws” and will explore the options for Congress in resisting the encroachment of executive power. I was critical of such encroachment under Professor George W. Bush and I believe that danger has grown under President Barack Obama. UPDATE: Here is the video link to the testimony.

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Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics

Governor Walker and Illegal Political Activities

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Submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

This past week, thousands of emails from within Wisconsin Governor, Scott Walker’s inner circle were released as part of an appeal by his former Deputy Chief of Staff, Kelly Rindfleisch.  Ms. Rindfleisch is appealing her conviction on illegal campaign activities during the 2010 Lt. Governor’s race.

“Kelly Rindfleisch was convicted of illegal campaign activity for working on the 2010 lieutenant governor’s campaign of then-Rep. Brett Davis while serving as Walker’s deputy chief of staff during his time as Milwaukee county executive. In Wisconsin, it is illegal for public employees to work on campaigns while on the clock and being paid to administer state services.

Prosecutors found that Rindfleisch traded more than 3,000 emails with Walker campaign staffers, most of which were sent on county time from a secret email system in Walker’s office. Davis, who was Walker’s favored candidate, lost the race but was later appointed by the governor as head of Wisconsin’s Medicaid program.

Rindfleisch was sentenced in 2012 to six months in jail, but her sentence has been stayed as she appeals. She unsuccessfully requested to keep her emails secret while attempting to have her conviction overturned.” Readersupportednews

Ms. Rindfleisch and five other Walker employees were convicted on various illegal campaign activity charges and the emails that were released this week laid bare the mentality of the Walker associates and their actions to work on political campaigns while being paid as state workers.  It is a bit amazing that Governor Walker has remained untouched by the prosecutors even though many of these emails that detail not only illegal campaign activities, but some alarming racist and sexist comments, were also sent to him.  Continue reading “Governor Walker and Illegal Political Activities” →

Bizarre, Courts, Lawyering, Media, Politics, Society

Curtis Sliwa Charges Ex-Wife and Her Counsel With Intercepting Confidential Communications

220px-Curtis_Sliwa_mahmood190px-Melinda_Katz_2013There is an interesting legal ethics case out of New York involving Guardian Angels founder Curtis Sliwa (left) and his girlfriend, Queens Borough President Melinda Katz (right). It appears that Sliwa, now a radio host making some $400,000 annually, is in the midst of a messy divorce after being accused of adultery. He has been sending confidential legal communications without realizing that his wife, Mary Sliwa was being blind copied on the messages. Paul Siegert, her lawyer, however, insists that it is the fault of Curtis Sliwa and neither he nor his client had any obligation to let him know of the breach of confidentiality or refrain from reading the confidential communications.

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Courts, Politics, Religion, Society, Supreme Court

SCALIA’S ORIGINALIST THEORY OF PIZZA

220px-Ginoseastdeepdish220px-Antonin_Scalia,_SCOTUS_photo_portraitBelow is my column today in The Chicago Tribune (including the original last paragraph and a couple lines that were cut in editing). I commented on this controversy yesterday but had to run something back home in Chicago. As someone who believes in pluralism in society and pizza, I am willing to accept both thin and deep pizza as equally worthy members of the pizza family. In this sense, pizza is part of a living culinary kitchen that changes in its scope and meaning. On closer examination, Scalia’s definitional approach is as thin as the crust of his New York style pizza.

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Courts, Politics, Supreme Court

The Justice Is Blind: Scalia Declares Chicago-Style Pizza To Be “Tomato Pie”

scalia184220px-GinoseastdeepdishThrough the years, I have put up with a lot from Associate Justice Antonin Scalia, who I have always said has retained an admirable level of consistency and intellectual honesty in his views even though I often disagree with him. Nevertheless, I have criticized his conduct in public, including his enthusiastic embrace of being a conservative “celebrity justice” (here and here), shocking elitism in speaking with law students, and making public comments on issues before the Court (here and here). Yet, I have always tempered this criticism with a degree of respect for Scalia’s consistent adherence to a jurisprudential foundation that is missing with some of his other colleagues. However, he has finally gone too far. I am done. This week, Scalia did his usual ill-considered comments about issues before the Court but added in a speech in Chicago (my home town) at the Union club about Chicago-Style pizza. To the boos of the audience, Scalia declared that Chicago-Style pizza is not pizza but some form of “tomato pie.” It is not just injudicious but downright sacrilegious. In my view, Scalia has crossed the line into potentially impeachable conduct in his attack on this highest form of pizza and should be removed faster than one of those pathetic New York wafers that people fold and call pizza.

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Constitutional Law, Courts, Free Speech, Lawyering, Politics, Religion, Society

Posner Spars With University Lawyer And Threatens To Cut Off Oral Argument Due To “Babbling” And Interruptions

posnerMatthewKairisI previously blogged on an oral argument before Judge Richard Posner where I felt he had shown a surprising antagonism toward privacy and a civil liberties lawyer. Given my respect for Posner as a brilliant academic, I was surprised to read of his open dismissal of arguments that later prevailed in the court. Now, Posner is again the news with a heated exchange with a lawyer, Matthew Kairis, who he said was talking over his questions and refusing to direct questions with direct answers. The case is Univ. of Notre Dame v. Kathleen Sebelius. The oral argument tape below presents an interesting example of how lawyers respond to aggressive questioning from the bench in such arguments.

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Congress, Constitutional Law, Courts, Free Speech, Justice, Politics, Society, Supreme Court

Is Voting Going the Way of the Edsel?

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

Is there anything more fundamental to a democracy or democratic republic then the ability of its citizens to vote for their representatives at every level of government?  The privilege or as many state, the right to vote is essential for citizens to control who is running the local and state and national governments and controlling what direction they want their community and country to go in.

As I write this article, there are groups and indeed, national political parties attempting to restrict the right to vote and restrict the early voting opportunities and attempting to restrict the ability of registered citizens to vote at all.  In the past few national elections, we all witnessed the horror stories of people waiting for hours in line to vote on election day.  Instead of increasing early voting days and installing additional voting machines in crowded precincts, just the opposite seems to be happening.  Continue reading “Is Voting Going the Way of the Edsel?” →

Congress, Courts, Justice, Politics, Torts

Florida Trooper Who Stopped Speeding MPD Officer Files Lawsuit After Alleged Harassment By Other Officers

Submitted By Darren Smith, Weekend Contributor

FHP Stops MHP officerMany are aware of the incident in October of 2011 when the Florida Highway Patrol stopped a speeding Miami Police Department vehicle operating without emergency equipment, weaving through traffic and reaching speeds up to 120 MPH. The MPD officer driving claimed to be late for an off-duty assignment at an area school. The police officer was eventually fired by Miami PD. Dash-cam video was uploaded to Youtube and witnessed by many. The incident also made national headlines. The Miami PD officer involved had no emergent or law enforcement justification for driving at this speed and doing so without emergency lighting is considered hazardous. Dash-cam video quotes the trooper as saying one of the reasons for her concern was that a day prior a police vehicle was stolen and was involved in a tragic incident.

Now the Florida Highway Patrol Trooper, Donna Jane Watts, has filed a civil suit against several officers and police agencies alleging her driver license information had been unlawfully accessed and that she had been subjected to harassment by other law enforcement officers due the incident involving the Miami Police Department officer.
Continue reading “Florida Trooper Who Stopped Speeding MPD Officer Files Lawsuit After Alleged Harassment By Other Officers” →

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

Loving For All In Virginia: Getting It Right The Second Time Around

By Mark Esposito, Weekend Contributor

Mildred_Richard_Loving_1967Somewhere out there Mildred Loving must be smiling and wondering how things could change so much since 1967.  You might recall Ms. Loving as the African-American and Virginia resident who had the audacity to marry a white man and then procreate in the Virginia of the 1960s. Charged with violating Virginia’s  Racial Integrity Act of 1924, an anti-miscegenation law which criminalized marriages between members of different races, the case was heard in Hanover Courthouse, where liberty’s most eloquent spokesman, Patrick Henry, once argued the famous Parson’s Case.  Circuit Court Judge Leon Bazile, whose portrait still hangs in the hallway of the new courthouse, sentenced the couple to one year in prison suspended upon the condition they would leave their home state. In doing so, he announced to the world that Virginia would not step so quickly away from its historical racism:

Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.

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

All In a Day’s Work

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

On February 7th, 2014, the sad reports were compiled from the deadly day before.  On Thursday, February 6th, at least 24 people were shot and 14 of them were killed.  Two of the dead were small children.  The shootings and killings were from cities and towns all across the country.  A 17 month old girl was accidentally shot by her 3 year old brother in North Carolina.

A 13-year-old was accidentally shot and killed while playing with a shotgun in the state of Washington.  In Seattle, Washington, a man was shot and killed by a fellow tenant.  A man in his 30’s was shot several times and critically wounded in Owasso, Oklahoma.  A 18 year man was shot and killed at his uncle’s home in South Carolina.  These and others were all wounded or killed by gunfire on February 6th, 2014.  Just one sad day out of many. Continue reading “All In a Day’s Work” →