Category: Criminal law

Columns, Constitutional Law, Criminal law, Society

The Garland Nomination: The Unstoppable Force Meets The Unmovable Object

Merrick_GarlandBelow is my column in USA Today on the Garland nomination. I have said previously that I believe that the Senate should give the nominee a hearing and a vote. However, there is nothing in the Constitution that requires (or would compel) such action. Of course, if a Senate prolongs non-consideration, a president can use a recess appointment to temporarily fill the slot (assuming the Senate does not stay in pro forma session to bar such a manuever).

Here is the column:

Continue reading “The Garland Nomination: The Unstoppable Force Meets The Unmovable Object” →

Bizarre, Criminal law

Michigan Man Uses Adele Song To Apologize To Victim and Court During Sentencing Hearing

sorry_felonBrian Earl Taylor, 21, last week had a unique way to show that he is soulful after being convicted for unlawful imprisonment and carrying a concealed weapon. He did so in song before an audience of Washtenaw County Trial Court Judge Darlene O’Brien and assembled lawyers and onlookers. He chose “Hello” by Adele as shown in the video below.

Continue reading “Michigan Man Uses Adele Song To Apologize To Victim and Court During Sentencing Hearing” →

Bizarre, Courts, Criminal law, Lawyering, Society

Chief Judge In Washington Resigns After Woman Alleges Sexual Assault From His Time As A Prosecutor

Richard_W._RobertsThe D.C. legal community was rocked today with news that Chief Judge Richard W. Roberts has resigned after being accused of a sexual assault when he served as a prosecutor in a high-profile case 35 years ago. The alleged victim was a teenage witness who has not sued Roberts.

Continue reading “Chief Judge In Washington Resigns After Woman Alleges Sexual Assault From His Time As A Prosecutor” →

Congress, Constitutional Law, Courts, Criminal law, Environment, Lawyering, Media, Politics, Society

PRESIDENT OBAMA NOMINATES MERRICK GARLAND

Merrick_GarlandPresident Barack Obama today surprised many by nominating the moderate Chief Judge of the United States Court of Appeals for the District of Columbia Merrick Garland. Garland is unlikely to thrill liberals. He is fairly conservative on criminal cases and tends to favor government interests. Conservatives are not going to like his vote to move to reconsider the case that became the historic Heller decision that recognized the individual right to bear arms under the Second Amendment. However, Garland moves virtually everything off the table for the Republicans. While a moderate, he is as far right as a Democratic president could go.

Continue reading “PRESIDENT OBAMA NOMINATES MERRICK GARLAND” →

Bizarre, Criminal law

Texas Police Officer Caught On Tape Allegedly Pepper Spraying Group of Bikers On Highway

Screen Shot 2016-03-15 at 7.08.30 AMThere is a bizarre story out of Fort Worth Texas where a driver videotaped a police officer spraying what appears to be pepper spray at a group of oncoming motorcyclists. The video below is slowed down to show the officer clearly spraying what looks like mace at the group as they drive by.

Continue reading “Texas Police Officer Caught On Tape Allegedly Pepper Spraying Group of Bikers On Highway” →

Bizarre, Criminal law, Lawyering

Top Michigan Prosecutor Arrested On Prostitution Charges

19945930-smallThere is a story out of Lansing Michigan where a well-known prosecutor, Stuart Dunnings III, has been arrested on prostitution-related charges. Dunnings once prosecuted such sex crimes but has been accused of potentially hundreds of prostitution-related incidents, including soliciting for one woman to become a prostitute. His brother was also charged.

Continue reading “Top Michigan Prosecutor Arrested On Prostitution Charges” →

Criminal law, Free Speech, International, Media, Politics, Religion

Blogger Given Three Years In Jail For Discussing Infidelity in Egypt

200px-Facebook.svgWe have another abusive case out of Egypt under President Abdel Fattah al-Sisi. President al-Sisi has destroyed guarantees of free speech and the free press in country, which once seemed on the road to becoming an exception in the Muslim world as a nation embracing basic civil liberties. In the latest case, an Egyptian court sentenced blogger Taymour el-Sobki to three years in jail with hard labor for “spreading false news.” The “false news”? He simply opined that 45 percent of married Egyptian women have the readiness for “immorality” and to cheat on their husbands. That now gets you three years in Egypt.

Continue reading “Blogger Given Three Years In Jail For Discussing Infidelity in Egypt” →

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

Conservative Group Targets Judge Jane Kelly In Attack Ad For Serving As Criminal Defense Counsel In Notorious Case

As discussed earlier in my Washington Post column, various names have been floating around town of possible nominees to replace the late Associate Justice Antonin Scalia. One of those names is Jane Kelly, a judge on the United States Court of Appeals for the Eighth Circuit. The conservative Judicial Crisis Network has not waited for the nomination and is already running an attack ad targeting Kelly. The ad is deeply troubling because it seeks to bar Kelly’s nomination because she zealously defended a child molester, Casey Frederiksen. The ad seeks to punish an attorney for performing her duty as a criminal defense counsel — suggesting that no attorney should defend those accused of such heinous crimes. While we celebrate the courage of presidents like John Adams (who represented the British soldiers involved in the Boston Massacre), there is a rising tide of intolerance for those who step forward to fulfill the guarantees of due process and the right to counsel under our Constitution. The attack ad is the judicial version of Willie Horton ad used against Michael Dukakis by President George H. W. Bush.

Continue reading “Conservative Group Targets Judge Jane Kelly In Attack Ad For Serving As Criminal Defense Counsel In Notorious Case” →

Criminal law, Politics, Society

“Next Time We See Him, We Might Have To Kill Him!”: Trump Supporter Unapologetic After Assault On Protester

rally11n-1-copyWe often discuss how defendants undermine their cases with statements to the press or on social media. The latest example is John McGraw, 78, who assaulted a protester, 26-year-old Rakeem Jones, at a Donald Trump rally in North Carolina. Despite already being in hot water over the disgraceful attack, McGraw told Inside Edition “Next time we see him, we might have to kill him!” That should make for an interesting sentencing hearing.

Continue reading ““Next Time We See Him, We Might Have To Kill Him!”: Trump Supporter Unapologetic After Assault On Protester” →

Bizarre, Criminal law

“Robin Hood” Nabbed At IHOP

robin_hood31There is a curious case out of Brooklyn where William Powell, 27, fell into a habit of not charging for drinks for customers who could not afford it at his IHOP. The sodas added up to $3,000 to be specific and the owner was not pleased. Powell described himself as “the modern-day Robin Hood.” It would not be surprising if the owner fired Powell, but instead he called the police and now Powell is facing a grand larceny charge.

Continue reading ““Robin Hood” Nabbed At IHOP” →

Constitutional Law, Courts, Criminal law, Lawyering, Media, Politics, Society

Clinton Declares That She Will Never Be Indicted And Insists That Her “Predecessors Did The Same Thing” On Emails

Hillary_Clinton_Testimony_to_House_Select_Committee_on_BenghaziI watched last night’s debate with great interest. I thought both Sanders and Clinton had some very strong moments. However, I tend to watch these debates for the legal issues and I was most struck by former Secretary of State Hillary Clinton’s discussion of the email scandal. First, she declared that she will never be indicted — a statement that may irritate federal investigations looking into possible crimes. She certainly has defenses and the odds may indeed favor her. However, defense attorneys usually discourage such statements from potential targets which can enrage prosecutors as presumptuous or suggesting some level of immunity. Second, she insisted that her “predecessors did the same thing” that she did on emails — a statement that is demonstrably untrue but again was left unchallenged by the journalists.

Continue reading “Clinton Declares That She Will Never Be Indicted And Insists That Her “Predecessors Did The Same Thing” On Emails” →

Bizarre, Criminal law

Corpus Delicti: Two North Carolinians Arrested In The Act Of Burying Dead Body

The Sopranos make this look so easy. A man and a woman have been arrested in Ellendale, North Carolina after they were caught burying a dead body on an abandoned property. It does not get stronger than that for a criminal case. Suspect Tony Hearne is quoted as saying it was just his “bad luck” that things worked out this way.

Continue reading “Corpus Delicti: Two North Carolinians Arrested In The Act Of Burying Dead Body” →

Constitutional Law, Criminal law, Free Speech, International, Politics, Religion, Society

Turkish Government Takes Over Critical Newspaper And Then Immediately Issues Pro-Government Edition

220px-Recep_Tayyip_ErdoganZaman_Front_PageThe rapid decline of civil liberties under the authoritarianism of Turkish president. Recep Tayyip Erdoğan has been a regular point of discussion on this blog. He has been gradually arresting or threatening the dwindling number of independent journalists in Turkey and this prosecution may succeed in forcing the remaining reporters into silence or living in exile. The latest victim of his abusive rule is Turkey’s largest-circulation newspaper which was seized by the government. The newspaper, Zaman, was one of the most read sources of criticism of Erdogan and this government. The government has now silenced that voice and taken over the newspaper. The very next issue under government control was a markedly pro-government publication.

Continue reading “Turkish Government Takes Over Critical Newspaper And Then Immediately Issues Pro-Government Edition” →

Bizarre, Criminal law, International, Religion, Society

Indian Brothers Burn Sister Alive For Marrying A Man From Another Caste

220px-Large_bonfireWe have another “honor killing” in India where a family believed that its religious and social standing demanded the murder of a family matter. Rama Kunwar, 30, had simply married for love eight years ago. Her husband was from a different caste, but she had hoped that her family had reconciled to her choice in returning to her village. They hadn’t. Her brother set her on fire and burned her alive as other villagers watched. No one intervened to save her despite her pleas.

Continue reading “Indian Brothers Burn Sister Alive For Marrying A Man From Another Caste” →

Bizarre, Criminal law

Tree? What Tree?: Illinois Woman Pulled Over Driving Against Traffic With A 15-Foot Tree Lodged In Car Grille

12705596_1100273839996212_1239907012237752889_n The Roselle (Ill.) police released this picture from a drunk driving arrest this week. The driver failed to stop after hitting a tree. Instead, the car was pulled over about 11:10 p.m. traveling the wrong way with a 15-foot-tree lodged in the front grille of the Lincoln.

Continue reading “Tree? What Tree?: Illinois Woman Pulled Over Driving Against Traffic With A 15-Foot Tree Lodged In Car Grille” →