Category: Courts

Constitutional Law, Courts, International, Justice, Lawyering, Society, Uncategorized

Adoption Nightmare for Guatemalan Mother

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 

A couple of months ago, my daughter recommended that I take a look at an adoption case that was just ruled on by the Missouri Supreme Court.  I did not have a chance to look at in-depth until recently and it is both interesting and heart wrenching.  It involves a Guatemalan immigrant mother whose baby was born in the United States while she was in the country illegally and the baby was adopted while the mother was in prison.  Thankfully, the Missouri Supreme court ordered a new adoption hearing which could still be another hurdle for the biological mother, but she now has a chance at regaining custody of her son.  Missouri Supreme Court Continue reading “Adoption Nightmare for Guatemalan Mother” →

Bizarre, Courts, Justice, Society

Take Me Out of the Pretrial Conference

Submitted by Mark Esposito, Guest Blogger

HST and Opening Day at Yankee Stadium (1951)

In honor of Major League Baseball’s opening day, here’s a little item from Irvin, Texas Lawyer Darrell W. Cook who’s a huge Texas Rangers fan. Last year when the improbable happened and the Rangers made it to the World Series Cook was taking no chances. Seeing a pretrial conference on his calendar which conflicted with Game 1, Cook filed this emergency motion for continuance excerpted here:

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Bizarre, Courts, Criminal law, International

E-scape

Submitted by Mark Esposito, Guest Blogger

Spanish police are still trying to figure out how alleged  kidnapper Jose Carlos Serna twice escaped from jail on the authority of a fax. Serna was arrested after police discovered him hiding in a carved out sofa in his home in a Madrid suburb. The reputed head of a kidnapping gang, Serna was freed after jailers received a bogus fax purportedly from the regional court ordering his release. A call was even placed to the jail confirming the fax. Jail officials tried to verify the order with the court but their calls went unreturned.

Continue reading “E-scape” →

Bizarre, Courts, Criminal law, Politics

Connecticut Police Seek Arrest of Judge After She Refuses To Sign Warrant

There is a bizarre confrontation in Salisbury, Connecticut where state police have applied for a warrant to arrest Superior Court judge Corinne L. Klatt after refusing to sign a prior arrest warrant. Salisbury Resident Trooper Mark Lauretano charges that Klatt is guilty of coercion and hindering a criminal investigation by refusing to sign the warrant.

Continue reading “Connecticut Police Seek Arrest of Judge After She Refuses To Sign Warrant” →

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

Obama Orders Limits on Miranda Rights For Domestic Suspects

President Obama has continued his attack on basic constitutional and legal principles with an astonishing new order that allows investigators to not only hold domestic terror suspects for longer periods but to deny them Miranda rights under a strained interpretation of the public safety exception. Obama had attempted to get this change from Congress but was rebuffed. He has now again adopted a tactic of his predecessor and acted unilaterally to trump recognized constitutional rights.
Continue reading “Obama Orders Limits on Miranda Rights For Domestic Suspects” →

Courts, Lawyering, Politics

Wisconsin Conservative Justices Accused Of Adopting Ethics Rules Written By Corporate Lobbyists

Recently, we saw how Wisconsin Justice David Prosser is running for reelection after calling Chief Justice Shirley Abrahamson a “total bitch.” Throwing aside notions of judicial decorum, Prosser has insisted that he meant every word, including his promise to “destroy” her. Now, it has been disclosed that Prosser and three of his fellow conservative justices voted to rejected an ethics rule barring them from hearing cases of major campaign contributors and then reportedly adopted a rule drafted by corporate lobbyists.
Continue reading “Wisconsin Conservative Justices Accused Of Adopting Ethics Rules Written By Corporate Lobbyists” →

Constitutional Law, Courts, Criminal law, Politics, Society

Ninth Circuit (En Banc) Affirms Earlier Ruling Striking Down Stolen Valor Act

The Ninth Circuit has handed down a decision affirming the earlier decision striking down the Stolen Valor Act. Passed in 2005, the Act has been criticized by civil libertarians as an attack on free speech. Here is a prior column on the Act. Now, Chief Judge Alex Kozinski has added his own voice to this debate — finding such lies protected under the first amendment. In a concurring opinion, Kozinski notes “Saints may always tell the truth, but for mortals living means lying.”

Continue reading “Ninth Circuit (En Banc) Affirms Earlier Ruling Striking Down Stolen Valor Act” →

Bizarre, Courts, Politics, Society

Wisconsin Supreme Court Erupts Into Name Calling and Finger Pointing

Wisconsin voters are experiencing a different judicial campaign in the bid of Justice David Prosser to remain on the state Supreme Court. The issue? Prosser calling Chief Justice Shirley Abrahamson a “total bitch.” Prosser has gone public to say that he did in fact call Abrahamson the name, but he stressed that he meant it. He also promised to “destroy” her. The controversy has now pulled other justices into the fray on both sides.

Continue reading “Wisconsin Supreme Court Erupts Into Name Calling and Finger Pointing” →

Congress, Courts, Justice, Politics

Just How Sunny is Sunshine Week?

 

Submitted By Lawrence Rafferty, (rafflaw), Guest Blogger

I know what you may be thinking. What is that crazy title all about? It wasn’t discussed much in the Corporate Mass Media, but this past week was dubbed, Sunshine Week. Sunshine Week was supposed to celebrate “open Government practices”. I for one, wasn’t convinced that our government had any “open” practices. The Freedom of Information Act was passed in 1966 and it was designed to allow individuals the right to find out exactly what government was doing on our behalf. The Act has been amended on several occasions and it has aged with mixed results. Continue reading “Just How Sunny is Sunshine Week?” →

Courts, International, Justice

Spanish Judges Rule That U.S. Torture Case Can Proceed

-Submitted by David Drumm (Nal), Guest Blogger

We have previously discussed the Obama administration’s attempt to derail a Spanish judicial investigation into torture, here. Spanish law recognizes the principle of universal jurisdiction. Universal jurisdiction (UJ) is a doctrine of international law that holds that certain crimes are so terrible that the duty to prosecute them transcends all borders.

Continue reading “Spanish Judges Rule That U.S. Torture Case Can Proceed” →

Courts, Criminal law, Justice, Media, Society

In One Texas Town, There is No Such Thing as Rape!

Submitted By Lawrence Rafferty, (rafflaw), Guest Blogger

 

I actually thought that I had misread the article when I first read it.  It described the horrific gang rape of an 11-year-old in the Texas town of Cleveland.  Eighteen young men and teenagers have been charged with the rape that is alleged to have started in a house and eventually moved to a deserted trailer nearby.  I am sure that this kind of vicious crime occurs all too often in our country, but there is one thing that makes this crime a little different.  Many of the townspeople are blaming the eleven year old girl for her own gang rape! Continue reading “In One Texas Town, There is No Such Thing as Rape!” →

Bizarre, Courts, Criminal law, Justice

When Judges Become Linebackers

Submitted by Mark Esposito, Guest Blogger

Poster’s Note: Today’s  will be my last set of posts for a couple of weeks. Suzanne and I will be traveling to her family’s homeland for a pint and song or two. I’ll try to send JT a picture from Dublin on St. Patrick’s Day. Erin Go Braugh !

America's Version of a Football Judge, Hon. David Doty, Embroiled in His Own Contest

The usual skills of judgeship like prudence, patience, neutrality, and gravitas pale sometimes to good tackling form. His honor Judge Marks Moore,60, learned that fact the hard way immediately following a jury trial in his London courtroom.

Continue reading “When Judges Become Linebackers” →