Recently we discussed the twisted jurisprudence of Associate Justice Clarence Thomas. Thomas is back in another disturbing dissent written by Antonin Scalia in the case of Maples v. Thomas. Cory Maples was convicted of two murders in Alabama in 1997. Since Alabama does not pay for post-conviction assistance, he relied on Jaasai Munanka and Clara Ingen-Housz from the law firm of Sullivan and Cromwell. When the attorneys left, however, the firm let the case drop and Maples was never informed that an appeal had been denied. His time for appeal lapsed. Seven justices lined up to support the right to an appeal, including Roberts and Alito who are not known to support criminal defendants in most cases. However, Thomas and Scalia insisted that there was no need for further judicial review in light of the failure of counsel. If leaving a case entirely is not ineffective counsel, it is difficult to see when such a standard would be satisfied in the jurisprudence of Thomas and Scalia.
Category: Criminal law
This video shows an officer smashing the windows of a house and forcing an older woman into the street in her nightgown to save her from a fire. The problem is that the fire was down the street.
Continue reading “You Can Thank Me Later: Police Officer Breaks Into Wrong House During Fire”
Sites like Wikipedia, Google, YouTube, and Reddit have gone black this morning in protest of The Stop Online Piracy Act (SOPA), which threatens Internet independence and free speech as well as a host of other rights. We have long discussed the ever-widening array of criminal and civil penalties pushed through Congress by the powerful radio and television lobby as well as other industry groups. The Obama Administration has been particularly willing to carry the water for these groups over objections from public interest groups. SOPA reflects the power of this lobby and its hold over members of Congress and the Obama Administration. While the Obama Administration has now responded to the outcry by insisting that it will tweak the bill, such promises ring hallow given its past efforts to appease this industry and its dishonest statements recently in other areas like the indefinite detention controversy. Notably, the recent admission from the White House that it has some concerns over the bill did not come until the public rallied against the bill — another indication of the control of an industry group in the drafting of legislation. This lobby is not going to go quietly into the night. It is more likely that it will work with the White House and Congress to achieve the same purposes with an incremental series of laws — if it does not simply win outright.
We have periodically been faced with a particularly twisted class of criminals who destroy nature, including historic trees (here and here and here), out of some deep-seated anger or objectification. The latest victim is “The Senator,” a 125-foot-tall bald cypress tree in the Longwood’s Big Tree Park in Florida. It was believed to be the oldest of its kind in North America and the fifth oldest tree in the world. Now it is a burned out trunk.
David T. Peters, 66, of Streetsboro, Ohio chose this unfortunate teeshirt before being arrested for internet child porn. We have seen other arrestees with poor taste in booking attire, but Peters is certainly competing for the top spot.
Continue reading “Can You Guess What This Man Was Arrested For?”
In Florida, Melbourne police Officer Derek Middendorf is accused of beating a 66-year-old man suffering from dementia. A dash camera shows Middendorf delivering a kick to the stomach of Albert Flowers, then punching him after Flowers falls to the ground. The video also shows another officer running over and tasing Flowers in the face. The beating left Flowers in the hospital for a month. Yet, the police department only issued a written reprimand for one of the officers turning off the dash camera and audio equipment. A written reprimand. That’s it.
Recently, two former TSA screeners, 44-year-old Coumar Persad and 31-year-old Davon Webb were convicted of stealing $40,000 from a passenger’s luggage at John F. Kennedy Airport in New York. The amount of cash and the involvement of TSA officers obviously makes the story notable. However, what I found quite remarkable was the sentence that they received; six months in jail and five years probation. That is a remarkably light sentence for federal employees involved in a major theft while using public authority and resources.
Continue reading “TSA Agents Steal $40,000 From A Passenger . . . And Receive Just Six Months In Jail”
Yesterday, my column “10 Reasons The United States Is No Longer The Land Of The Free” ran in the Sunday Washington Post. I have been heartened by response to the column. However, a few commenters continue to suggest that the National Defense Authorization Act (NDAA) does not allow for the indefinite detention of citizens. This claim is being advanced by Senator Carl Levin (D., Mich.) in emails and fax messages to voters. I wanted to respond to Senator Levin’s points which are detached from language of the law and the clear intent of the majority of Senators. I would also like to address those who have stated that our liberties are not at risk when such powers will not affect most Americans.
Continue reading “Indefinite Detention of Citizens: A Response To Senator Carl Levin”
Foreign Policy magazine has published an article that deals with an intelligence crisis that the Bush and Obama Administration appear to have buried away from public view. Internal memos reportedly detail how Israeli Mossad agents posed as CIA agents in the recruitment and running of operatives. Previously, Israel was criticized by various countries for using their passports and stolen identities of their citizens to kill a target in Dubai. The article suggests that Israel used U.S. money, passports, and identities for the false flag operation. What is fascinating is that the U.S. was accused (not surprisingly) of conducting the operation of cover support for Jundallah — a Pakistan-based Sunni extremist organization in 2007 and 2008.
Continue reading “Uncle Shem Wants You? Israel Accused of Using U.S. Passport and Fake CIA Identities To Recruit Operatives”
-Submitted by David Drumm (Nal), Guest Blogger
In May 2010, Christopher Sharp used his cell phone camera to record Baltimore City Police officers arrest and beat a female acquaintance at the Plimlico Race Course. The officers detained Sharp, seized his cell phone, and returned it later with all his videos deleted, including videos of his young son at sports events. Sharp filed a complaint in the Circuit Court for Baltimore City Maryland which was later moved the United States District Court for the district of Maryland.
The United States Department of Justice has decided to get involved, on the side of Sharp.
While the Obama Administration continues to block any independent investigation in this country or by other countries, Britain has angered Obama officials by confirming that a suspect was tortured as part of his interrogation by the United State in Morocco. The use of other countries to torture U.S. detainees through “extraordinary renditions” is well documented. However, the Obama Administration reportedly threatened to cut off Britain from access to intelligence if the country told the truth about the torture of Binyam Mohamed. Thus, while publicly condemning the desecration of dead Taliban as “deplorable” and promising an investigation (after the photos were published by the media), the Administration continues to use classification laws to prevent the truth from being revealed about American involvement in potential war crimes. What is particularly disturbing is that this story has received relatively little attention in the United States media, which appears to have “moved beyond” torture in favor of Tebow as a worthy subject of coverage.
There is an interesting criminal and tort case being investigated in England. Martin Henderson was celebrating his 37th birthday when he found himself airborne — thrown by another man in the bar who saw him as a dwarf for the tossing. Henderson suffered injuries as a result of the toss and the man fled.
Continue reading “Police Seek Culprit Who Seriously Injured Man In Spontaneous “Dwarf Toss””
It is with an extremely heavy heart that I have to report that nine-year-old Kathleen Edward died of Huntington’s disease on Wednesday night. We discussed Kathleen’s illness as part of a horrific case about bullying by a neighbor, Jennifer Petkov.
Continue reading “Kathleen Edwards, 2003-2012”
The extreme views of Justice Clarence Thomas were put into sharp relief yesterday when he stood alone in an 8-1 decision to overturn an outrageous conviction from New Orleans. In the face of shocking misconduct by prosecutors under Harry Connick Sr., even the most conservative members lined up to denounce the case . . . all but one.
Various groups have accused loggers in Brazil of a heinous and unspeakable crime: capturing an eight-year-old girl from one of the Amazon’s last uncontacted tribes and burning her alive as a warning to leave the mineral-rich area. Both a tribal chief and a Catholic group have come forward to confirm the story, which is still being investigated.