Here is our annual list of Halloween torts and crimes. This holiday remains a favorite for personal injury lawyers around the world and this year’s additions show why. Of course, with Sandy, our area is already looking pretty spooky with downed trees and tattered exteriors.
So, with no further ado, here is this year’s annual Spooky Torts list of actual cases from Halloween (with our past winners).
Continue reading “Spooky Torts: The 2013 List Of Halloween Litigation Horrors”
In Franklin County, Tennessee, children may want to avoid the house of Dale Bryant Farris, 65, this Halloween . . . or houses near him. Bryant was arrested after shooting a 15-year-old boy who was with kids toilet-papering their principal’s front yard. Bryant came out of his house a couple of houses down from the home of Principal Ken Bishop and allegedly fired at least two blasts — one hitting a 15-year-old boy in the right foot, inner left knee, right palm, right thigh and right side of his torso above the waistline.
Below is today’s column in USA Today in which I discuss the increasing revenue acquired through car searches and seizures. Some of these stops are thinly disguised drug checkpoints where a sobriety stop quickly turns to questions about drugs and drug money. Police are using pretextual stops and DUI stops as a way to circumvent the Supreme Court decision in City of Indianapolis v. Edmond, 531 U.S. 32 (2000), where the Court drew the line at drug checkpoints and ruled that such stops were unreasonable even though it ruled a few years earlier that DUI checkpoints were reasonable. The DUI ruling was denounced as an all-to-familiar ruling from the Court which abandons principle for convenient compromises. Many warned the Court that it was placing the country on a slippery slope where road blocks would be thrown up around the country in the name of fighting drunk driving while searching for other things. The Court ignored the warnings and soon roadblocks appeared across the country. There is admittedly limited data on such practices but there is sufficient antedoctal evidence to raise a concern of the emerging pattern.
There is a troubling story outside of Washington where journalist Audrey Hudson’s home was searched by federal agents who took documents related to stories and reportedly asked her about stories that she had written that were critical of the Federal Air Marshal program. The agents had a warrant to search for unregistered firearms and a “potato gun.” That apparently required a pre-dawn raid by armed agents of the U.S. Coast Guard, Maryland State Police and the Department of Homeland Security. Presumably, the family was believed to have a whole bushel of potatoes that were considered an arsenal.
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
A recent decision by the Justice Department has opened the doors to a possible test of whether the government’s widespread use of wireless wiretaps is constitutional.
“The Justice Department for the first time has notified a criminal defendant that evidence being used against him came from a warrantless wiretap, a move that is expected to set up a Supreme Court test of whether such eavesdropping is constitutional.” New York Times Continue reading “Criminal Defendants and Wireless Wiretaps: One Small Victory?”
Submitted By: Mike Spindell, Guest Blogger
I’d only planned to write one guest blog this weekend, but this morning on Huffington Post I saw a video from a TED lecture. http://en.wikipedia.org/wiki/TED_%28conference%29 The lecture was from Psychologist Elizabeth Loftus http://en.wikipedia.org/wiki/Elizabeth_Loftus who has been studying false memories since the 1970’s. She links what she discovered with one of the failings of our Criminal Justice System, with the false memories reported in court. This is an 18 minute lecture but it is well worth your time and bears directly on the topics we discuss here on the Law Blog. I must note that in it she is critical of certain psychotherapy techniques and I am a psychotherapist. Despite my training and profession I believe her critiques are on point and illustrate one of the problems inherent in some psychotherapies. For any readers that are interested in our legal system and who care about its problems, viewing this will represent time well spent. My technical skills are such that I don’t know how to properly make the video appear in WordPress but if you click on the following link you will be able to see it: Mystery of Memory
Submitted by: Mike Spindell, Guest Blogger
-Submitted by David Drumm (Nal), Guest Blogger
We have previously discussed the unanimous Supreme Court decision in United States v. Jones, where the Court ruled that the installation of a GPS device constituted a “search” for Fourth Amendment purposes. In Jones, the Court did not rule that a search warrant was required to affix a GPS device to a car. In the case of United States v. Katzin, the Court of Appeals for the Third Circuit ruled that the installation of a GPS tracking device without a warrant was unconstitutional.
Continue reading “Third Circuit Requires Warrant For GPS Tracking”
Submitted By: Mike Spindell, Guest Blogger
We have had a lot of discussions here about the ever growing private prison system in the United States, where our country has become the world leader in imprisoning its citizens. Many blogs have been written discussing our world prison leadership and the fact that it stems from the failed “War on Drugs”, which has tended to focus on people in poverty and/or people of color. The for-profit prison industry has had a growth spurt that can be directly traced to that aspect of the conservative movement that has disparaged government services and at the same time pushed for privatization of government services using the false concept that private industry can do it better and cheaper. It is an ideas that to me seems nonsensical on its face because of the absolute need that private industry turns a profit and in today’s economic scheme that profit has to continually rise as time passes. Business strategy, which by definition, must focus on profit has focused on cutting costs as a means of building profit. Cutting costs then devolves into hiring less skilled workers, cutting down on services provided and in a business like private prisons reducing the quality of care. When ot comes to reduction of services and diminishing of quality of care when it comes to the prison industry, I’m sure that the majority of public opinion would approve of even more draconian measures. After all those convicted of a crime are generally scorned and feared. Muscular fundamentalist philosophy has discarded the Jesus of turn the other cheek into a Jesus of vengeance and so there is even in some circles moral approval of treating prison inmates harshly. There is now a widespread use of solitary confinement as a tool of prison punishment and that confinement has stretched from weeks, too months and too years. We are after all, a society that has a majority of Americans for torture in our post 9/11 era.
In 2008 we saw the opening of a scandal in Pennsylvania where it was discovered that juvenile court judges were sentencing youths to prison for minor offenses because they had received money from sources in the private prison industry. Two judges were convicted in this case and it was seen that many youths were adversely affected and are now suing for unlawful imprisonment. It is this profiting on the imprisonment of youth that I would like to address broadly in this blog. For the most part my reference links will appear at its conclusion. This is a very disturbing problem that I think cuts to the heart of what kind of society we want to live in and I would hope that others find this as disturbing as I do. Continue reading “The Private Prisons Profit on Youth”
There is a troubling case out of Dallas where David Blair said that he opened the door to his apartment only to be met with a hail of gunfire from police. The Dallas Police Department reportedly told him that he caused the response by shining of flashlight and having a door that made a popping sound. Apparently, you have to either get some WD40 or face a barrage of lead in Texas.
Kennedy family member Michael Skakel has long sought a new trial in the killing of Martha Moxley, a neighbor bludgeoned to death by a golf club in 1975. In a surprise ruling, Judge Thomas Bishop found that Skakel was denied a fair trial due to ineffective counsel. Bishop’s opinion slams Skakel’s original legal counsel, Michael Sherman, as failing basic expectations of a lawyer and suggests, as the family has argued, that he was obsessed or blinded by the media attention in the case.
Continue reading “Michael Skakel Granted New Trial Due To Ineffective Counsel”
You may recall John Pike, a 40-year-old former officer with University of California-Davis, who became infamous due to the videotape below in which he calmly sprayed kneeling students with pepper spray during a Nov. 2011 protest. He was fired for his conduct by the university. However, he has now been awarded $38,059 in workers’ compensation for depression and anxiety in dealing with the controversy.
We have often discussed the relatively low sentences handed out in some English cases. While our country goes to the opposite extreme, it sometimes shocks the conscience to see disproportionately light sentences. One such case is that of Ilyas and Tallat Ashar who brought a 10-year-old girl to England where she was repeatedly raped, kept in appalling conditions against her will, and used as more of a slave than a servant. That was roughly a decade of abuse. However, Ilyas Ashar, 84, who was found guilty of 13 counts of rape, was jailed for 13 years. That is roughly a year for year of confinement, rape, and abuse. Tallat Ashar, 68, convicted of benefit fraud and trafficking, got only five years.
Yesterday, we discussed the fight between a Jets fan and Patriots fans recently caught on YouTube. One of the issues for discussion was the focus of the media on a New York Jets fan, Kurt Paschke, punching a woman in a Patriots jersey. Many were outraged that he hit Jaclyn Nugent, 26, and that anger grew when it was learned that he was a former felon. However, the full video showed Paschke being attacked first by Nugent, at least in that incident. Well, it turns out that the police was not so confined in its search. Charges were filed Tuesday afternoon against Amanda MacDowell of Marlborough, Mass.; Jaclyn Nugent and David James Sacco, both of Boston, and Kurt Paschke of Holbrook, N.Y. I remain unclear as to why Paschke is even charged since what was shown on the video seems a legitimate act of self-defense. It may be misleading in terms of what occurred before, but he is shown hitting Nugent after she attacks him.
What is it about law enforcement and squirrels recently? We previously discussed the pepper spraying of a squirrel. Now Tennessee police officer Officer Jody Putnam has been fired after he tried to get rid of a squirrel in a Dollar General store by shooting at the animal and using his pepper spray.
We have previously discussed how many families, including my own, have abandoned football stadiums to rowdies who have turned games into a contest of obnoxious drinking, swearing, and fighting. Games are now viewed as a license what is becoming the American version of Soccer hooligans. That element was on display this week with the video below of a New York Jets fan punching a woman in a Patriots jersey. According to reports, the man is Kurt Paschke, who was previously found guilty of negligent homicide in a stabbing death outside of a pizzeria in 1992. However, the Patriots fans come off as no better in the video, including the woman, identified as Jaclyn Nugent, 26, who is seen as hitting Paschke before he hits her.
Continue reading “Jets Fan Shown Striking Woman After Jets-Patriots Game Identified As Former Felon”