Category: Courts

Bizarre, Constitutional Law, Courts, Free Speech, Politics, Society

New Mexico Billboard Triggers Fight Between Privacy and Free Speech

There is an interesting free speech case out of Otero County, New Mexico. Hearing commissioner Darrell Brantley of the Otero County Domestic Violence Court has recommended an order of protection for Nani Lawrence against Greg A. Fultz after Fultz paid for a pro-life billboard criticizing the abortion of their alleged child. Brantley also wants the billboard taken down as a violation of Lawrence’s right of privacy.

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Courts, Criminal law

It’s Hard Out There for a Pimp

-Submitted by David Drumm (Nal), Guest Blogger

The California Supreme Court has ruled on a case involving California’s pimp law. Jomo Zambia was in his car at a “notorious intersection,” known for its plethora of prostitutes. He offered his pimp services to a woman he believed to be a prostitute. These services “included providing housing and clothing, if she turned over all of her money to him.”

The prostitute turned out to be an LAPD Officer working undercover. Zambia was arrested and later convicted of the crime of pandering, as one who “induces, persuades or encourages another person to become a prostitute.”

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Courts, Criminal law, Lawyering

Ex-Prosecutor Keep License After Jury Acquits Him in Ticket Fixing Case Despite Three Prior DWI Convictions

Former prosecutor Stephen Lopresti will keep his law license after jurors acquitted him of fixing tickets. Lopresti was charged with felony DWI after a 2006 accident in the Bronx. Despite the testimony of two corrupt officers, the jury found Lopresti not guilty.

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Bizarre, Courts, Criminal law, Lawyering, Politics

Good Lord: Judge Rejects Plea As Too Lenient, Jury Then Acquits Defendant

In Laconia, New Hampshire there is an interesting case that may give some of our clients pause before accepting a plea bargain. Jonathan E. Lord, 25, had accepted a plea bargain to spend one year in jail for trying to run over Police officer Michael Finogle. However, Judge James O’Neill III rejected the plea (because he felt the plea was too lenient) so the case went to trial . . . and Lord was acquitted of one felony charge of reckless conduct and two misdemeanor charges of disobeying an officer and reckless operation.
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Bizarre, Constitutional Law, Courts, Criminal law, Free Speech, International, Politics, Society

The Jolly Hangman Finds Another Victim: Singapore Judges Jail English Writer For Criticizing Their Court System

A British author Alan Shadrake, 76, is the latest victim of a worldwide trend of attacks on free speech. Shadrake wrote a book entitled Once a Jolly Hangman: Singapore’s Justice in the Dock detailing the inequities and unfairness of the Singapore justice system. The response of Singapore’s courts was to convict Shadrake and throw him in jail for contempt. The abusive case should be a rallying point for civil libertarians around the world, not to mention any Singaporeans who value free speech and the rule of law. The Singapore government compounded the abuse by banning the book.

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Constitutional Law, Courts, Supreme Court

The Right to Record

-Submitted by David Drumm (Nal), Guest Blogger

Since the infamous videoing of the Rodney King beating, the power of the video to publicize police brutality, and the subsequent risk of legal and financial repercussions, has led states to criminalize the recording of police. With the proliferation of cell phones cameras and the ability to upload to YouTube, the risk for police is even greater today. If the police have nothing to hide, then there should be no objection to recording them performing their public duties.

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Constitutional Law, Courts, Politics, Society, Torts

Kentucky Supreme Court Recognizes Paternity Claim From Adulterous Affair and Puts An End To The “Bastardy Cases”

The Kentucky Supreme Court has handed down an important ruling (below) that Christopher Egan can make a paternity claim even if the child is the result of an adulterous affair. It is the rejection of a long-standing bar on such claims under a type of “dirty hands” rule for adulterous affairs. The court turned its back on a long line of morality based cases once called “bastardy cases.” Justice Bill Cunningham (right) in dissent accused the court of throwing the institution of marriage on the “funeral pyre of modern convenience and unanchored values.” Justice Daniel Venters (left) excellent majority decision is available below.
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Courts, Criminal law, Lawyering

In God RIAA We Trust: Califormia Moves To Do Away With Need For Warrants In Seizing Pirated Music or Discs

We have watched as lobbyists for RIAA and other companies have steadily increased trademark and copyright limitations, including new criminal penalties. Now, State. Sen. Alex Padilla (D., Los Angeles), has sponsored RIAA legislation in California that would allow law enforcement to enter optical-disc plants and seize disc-stamping equipment, and pirated movie and music discs without a court warrant.

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Congress, Constitutional Law, Courts, International, Military, Society

Permanent War: House Members Move To Give President Unchecked Authority To Launch Future Military Operations As Part Of The War On Terror

Members of Congress are taking steps to make the war on terror permanent — and make the Constitution optional — for future presidents. Only days after the killing of Osama Bin Laden, members are moving to relieve presidents of any need for approval from Congress — or anyone — in committing troops in the fight against terror. The bill would take the “The Authorization for Use of Military Force” passed after 9-11 (and used to justify two almost ten years of worldwide attacks) and extend it to allow military operations against any “associated forces that are engaged in hostilities against the United States.”

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Bizarre, Courts, Criminal law, Society

Bird Brain: Oklahoma Defendant Asks For Three More Years So Sentence Will Match Larry Bird’s Jersey Number

In Holdenville, Oklahoma, Eric Torpy surprised the prosecutor and judge when he received a 30-year sentence for armed robbery and two counts of shooting with intent to kill. Instead of complaining about the length of the sentence, he asked that it be increased by three years so it would match the Celtic’s Jersey number of his idol, Larry Bird. Oklahoma City Judge Ray Elliott agreed. He is now complaining that the judge and prosecutor should not have yielded to his demand and asks “Why feed into my game? I’m a criminal.’’
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Courts

Who’s Taking Tips from Food Service Workers at Yankee Stadium?

Submitted by Elaine Magliaro, Guest Blogger

Anyone who has ever attended a baseball game at Fenway Park in Boston has probably seen hundreds—maybe even thousands—of people walking around the stadium wearing T-shirts emblazoned in large letters with the words “Yankees Suck.” It appears now that Red Sox fans aren’t the only folks who hold that opinion of baseball’s most valuable franchise. According to Reuters, three current and former waiters who have served food and drinks to fans sitting in the premium seats at Yankee Stadium have filed a lawsuit against Legends Hospitality—a company founded and owned by the New York Yankees, the Dallas Cowboys, and Goldman Sachs.

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Constitutional Law, Courts

Barnes v. State of Indiana (2011)

-Submitted by David Drumm (Nal), Guest Blogger

The Indiana Supreme Court, in a 3-2 decision, has ruled that the common-law right to reasonably resist unlawful entry by police officers is trumped by public policy. Appellant Barnes was involved in a domestic dispute with his wife when police tried to gain entry into the house. They asked if they could enter the house and Barnes refused, blocking the doorway. The police entered anyway and Barnes “shoved [an officer] against the wall.” The officers used a taser on Barnes and arrested him. There were no charges regarding domestic violence.

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Bizarre, Courts, Criminal law, Society

Mississippi Man Forgets He’s Naked As He Waves to Underage Girls

Submitted by Mark Esposito, Guest Blogger

Forgetful HermanHerman Broadus is a grandfatherly type who loves interacting with all the local kids. Problem is Herman can’t remember to keep his clothes on.  The Moss Point Mississippi man was arrested by police when  the mother of  two young girls — ages 8 and 10 — complained.  The girls claimed they saw the 70-year-old man “standing naked in the doorway, holding something in one hand and waving to them with the other.”

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Bizarre, Constitutional Law, Courts, Criminal law, Society, Torts

Bin Laden’s Son Reportedly Announces Possible Lawsuit Against United States Over Killing and Burial of His Father

Omar bin Laden, bin Laden’s fourth eldest son, has allegedly issued a statement that calls the killing of his father as a “criminal” act and a humiliation for his family. Notably, he indicated the possibility of a lawsuit against the United States.

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Constitutional Law, Courts, Criminal law, Lawyering

Sooner Justice: Oklahoma Murder Conviction Overturned Due To Comments By Judge That Jurors Should Not Be “Hardheads” In Delaying A Verdict

There is an interesting case out of Oklahoma where the murder conviction of Kassie Lakei Bills was overturned due to the comments at trial by Judge Ray Elliott of Oklahoma County. Elliott told the jurors to reach a quick verdict and not be “hardheads” by keeping everyone at the court. I guess that is why they call folks in Oklahoma “Sooners.”
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