Category: Courts

Constitutional Law, Courts, Supreme Court

Supreme Court Grants Cert In GPS Tracking Case

-Submitted by David Drumm (Nal), Guest Blogger

The case is United States v. Jones which concerns FBI agents who planted a GPS tracking device on Jones’ car and monitored the car’s position every ten seconds for an entire month, without a warrant. A jury found Jones, and co-defendant Maynard, guilty of a single count of conspiracy to distribute and to possess with intent to distribute five or more kilograms of cocaine and 50 or more grams of cocaine base.

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Bizarre, Courts, Criminal law, Military

Uncle Deng Wants You!

Submitted by Mark Esposito, Guest Blogger

Supreme Commander Deng & The U.S. Army/Military Special Forces Reserve in Happier Days

In what can only be described as the most bizarre military recruiting ploy ever, Californian Yupeng Deng is charged with duping Chinese Immigrants into enlisting into his private army. Luring the unsuspecting “recruits” with promises of citizenship, the El Monte native convinced over 200 Chinese nationals to pay initiation fees ranging from $300 – $450. Donning the rank of “Supreme Commander'” Deng paraded his regiment through the streets of L.A., and then led a successful boarding of the U.S.S.  Midway which is now a naval museum in San Diego.

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Bizarre, Courts, Criminal law, Justice, Lawyering, Politics, Society

Government Leaks Evidence To Undermine Whitey Bulger Trial — Judge Asks for “Plan” From Justice To End Unethical Disclosures

One of the longest standing complaints among criminal defense attorneys is that the government often goes ballistic when a defense attorney makes public statements in support of his or her client. Judges often hammer private counsel under increasingly harsh gag orders. Yet, the government routinely influences cases by leaking information that could only come from the prosecutors or investigators on the case. This problem is even more acute in high-profile cases like that of Richard Jewell and my former client Dr. Thomas Butler, where leaks were used to target innocent men to try to force them to plead. Now, like clockwork, the Justice Department has again started the leak war in the case of alleged mobster James “Whitey” Bulger. However, the judge has simply asked the Justice Department for a “plan” on how to stop the leaks. If this were a private firm, there would be a contempt hearing.

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Courts, Criminal law, Lawyering, Society

MIchigan Implements New Changes In Role Of Jury and Judge In Trials

Michigan has implemented some sweeping changes to the role of jurors and judges in trials, including allowing jury to ask questions of witnesses. I have some reservations about the changes below, but I am most concerned over the ability of judges to summarize the evidence. This could invite considerable bias and influence into trials.
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Congress, Constitutional Law, Courts, Politics

Democrats Raise Constitutional Argument In Favor Of Raising Debt Limit

Democratic members have raised a novel argument under the Fourteenth Amendment that the refusal to raise the debt ceiling is unconstitutional. For full disclosure, I was asked about this argument weeks ago by members who believe that forcing the country to default would be not just catastrophic but unconstitutional. I will be discussing this topic today on CNN and tonight on Countdown.
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Bizarre, Courts, Criminal law, Society

Judge Arrested After Allegedly Trying To Enter Hotel Room of Female Judge While Naked and Wrapped in Bed Sheet

One of my colleagues sent me this incredible story. This is judge Douglas Gummo, 42, who was arrested after allegedly appearing naked in a bed sheet at a female judge’s hotel room door and demanding to be let in. The Huntingdon County District Magistrate has been charged with public drunkenness, disorderly conduct and harassment.

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Constitutional Law, Courts, Criminal law, Politics, Society

Attorney Calls For Cessation Of Lethal Injection After Use of Animal Tranquilizer Allegedly Lead To Botched Execution

Attorney Brian Kammer has called for the suspension of further lethal injections in Georgia after he said the execution of his client, Roy Blankenship, was botched with the use of an untested animal tranquilizer.
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Bizarre, Courts, Politics, Society

When Judges Attack: Wisconsin Supreme Court Justice David Prosser Accused Of Choking Colleague During Argument

We have been following the intra-court war on the Wisconsin Supreme Court and the recent narrow victory of conservative Justice David Prosser in his reelection. The prior controversy involved Prosser calling Chief Justice Shirley Abrahamson a “total bitch.” Now, fellow justice Ann Walsh Bradley has accused Prosser of putting her in a chokehold during a dispute. Prosser denies the allegation.

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Constitutional Law, Courts, Supreme Court

Illegal Immigrants and the Bill of Rights

-Submitted by David Drumm (Nal), Guest Blogger

Do illegal immigrants have a Second Amendment right to own guns? In the case of United States v. Portillo-Munoz, the U.S. Court of Appeals for the Fifth Circuit held that illegal immigrants are not part of the “people” protected by the Second Amendment and have no constitutional right to bear arms.

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Courts, Criminal law, Justice, Science, Society

When “Gage Is Not Gage”: Neuroscience And The Law’s Assumption of Free Will

Submitted by Mark Esposito, Guest Blogger

The bedrock of modern Western jurisprudence is the supposition that we are free to choose our actions from a range of choices. Some of these choices are socially acceptable and we deem them “legal.” Other choices made in specified contexts are socially unacceptable, and we deem these “illegal.” For those extremely unacceptable actions denominated as “crimes” we reserve progressive punishments to deter their occurrence. Gratuitous violence is one of the most important of these condemned actions, and we have striven for centuries to overcome this endemic feature of our nature. The basic assumption being that we can deter conduct that is the product of free will by imposing undesirable consequences on the actor. How have we done? I suppose the obvious answer is that despite a multitude of approaches ranging from severe punishment to compassionate rehabilitation, we haven’t yet mastered a way to banish senseless violence from our midst. Perhaps it is time to question that basic assumption that violence  is purely volitional conduct.

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Bizarre, Constitutional Law, Courts, Criminal law, Free Speech, International, Society

Designer Galliano On Trial For Bad Language

We have been following the case of fashion designer John Galliano who went on trial Wednesday for making anti-Semitic comments in Paris. It is part of the growing trend in the West of the criminalization of speech. It is not clear what came off more pathetic yesterday, the drug-wasted Galliano or the French court.
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Courts, Society, Supreme Court

Supreme Court Rules In Favor Of Wal-Mart in Important Discrimination Case

As anticipated, the Supreme Court ruled unanimously in favor of Wal-Mart in an important workplace discrimination case. The Court divided 5-4 in adopting more stringent standards for future cases. From the outset, I viewed this as an extremely bad case that would likely make bad law for those fighting workplace discrimination. It now has.

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Constitutional Law, Courts

Chief District Judge Rejects Disqualification Motion of Judge Vaugh in Same-Sex Marriage Case

Chief Judge James Ware of Federal District Court for the Northern District of California has rejected a motion for disqualification of Judge Vaughn Walker (shown left) because of his longtime relationship with his partner. Judge Ware noted that there was no evidence that Judge Walker intended to marry his partner.

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Constitutional Law, Courts, Free Speech, Justice, Religion, Society

Will Free Speech Have To Make A Bus Stop In Arkansas?

Submitted By Mark Esposito, Guest Blogger

The Central Arkansas Coalition of Reason has a First Amendment problem. When the coalition of atheists, agnostics, and skeptics attempted to place advertising on Little Rock transit buses, they were met with an unusual demand. In order to place $5,000.00 worth of advertising, the Central Arkansas Transit Authority (CATA) required them to purchase insurance against angry Christians in the amount of $36,000.00. The policy was needed said the bus company’s ad agency, On The Move Advertising, because a handful of similar ads had been vandalized in other states.

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Constitutional Law, Courts, Criminal law, Society

Ohio Strikes Down Application of Statutory Rape Law To Minor Defendants

In an important decision, the Ohio Supreme Court has struck down the statutory rape law as applied to defendants younger than 13 years. We have seen continued abuses of statutory rape laws where two minors are involved, but prosecutors charge the boy for sex with a minor. It is an opinion (below) that could be considered by other courts to consider this use of statutory rape laws as well by governors considering commutations for defendants charged as minors.

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