Category: Criminal law

Thou Shalt Not [Allegedly] Steal: Tennessean Judge Accused Of Stealing Money Raised For Ten Commandments Display

Hawkins County (Tenn.) Sessions Court Judge James “Jay” Taylor appears to attract investigations the way motor homes attract tornados. He has been sued in various civil lawsuits and has now been hit with five criminal charges, including stealing money that he raised for a “Citizens Heritage Display” including the Ten Commandments to be placed in the lobby of the Hawkins County Justice Center. He is continuing his push for reelection as well as his performances as part of “The Redeemed Southern Gospel Singing Quartet.”

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Ding-Dong Ditch: Former Bronx Prosecutor Arrested After Firing Gun In Anger Over Teen Ringing Her Bell

Former Bronx prosecutor Bernadette Greenwald, 37, has been criminally charged after she pulled a gun on a teen and fired a shot in anger over teenagers ringing her door bell in the “ding-dong ditch” game. Police say that Greenwald fired her pink 9mm handgun to show the teen she had (in her words) “balls.” Greenwald practices under her maiden name, Bernadette Nicchia.

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Justified Shooting? Man Shot and Killed By California Police After Smashing Windows of a Restaurant With A Pipe

This video on YouTube raises serious questions over the necessity of shooting a man outside of a Carl’s Jr. in Monterey Park, California. The man was smashing windows with a pipe and failed to yield to commands from officers. When he turned toward one officer and raised the pipe, he was repeatedly shot by the other officer in the video.

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14-Year Old Boy Killed After Shooting Himself In Head With Replica Cannon

In Tremonton, Utah, a family is facing a bizarre tragedy after Robby Ostberg, 14, was killed after being shot in the head by a small replica cannon. Notably, the police have said that they first believed that the cannon was purely decorative but then found that it was designed to fire a .50-caliber round. That would create a possible basis for a tort lawsuit for negligence and possibly product liability.

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Officer Pulls Over South Carolina Mayor For Speeding . . . Mayor Then Pulls Over Officer

Norway Mayor Jim Preacher was not apparently happy about being pulled over by a South Carolina state trooper for speeding. After being given a ticket, Preacher proceeded to put on his own blue lights and pulled over the trooper in his capacity as Norway’s chief constable.

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Former Prosecutor Sentenced To Three Years For Accepting Drugs For Fees

Former Florida prosecutor Aaron Slavin, 34, has received a three-year prison sentence for accepting more than 200 oxycodone pills as payment for legal services in 2010. His wife Eryn Slavin, 34, was also convicted of drug possession, but under the deal with her husband she will avoid jail time. His mug shot sheet shows an arrest in 2010.

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Supreme Court Unanimously Rejects Obama Administration’s Effort to Conduct Warrantless GPS Searches

I previously wrote about the pending case of United States v. Jones and the effort of the Administration to establish precedent allowing the government to follow citizens with Global Positioning Devices (GPS) without any showing of probable cause. I am happy to report that the Court has ruled unanimously against the government and found the practice to be unconstitutional under the fourth amendment. It is a stinging defeat for the Obama Administration but a roaring victory for privacy and civil liberties at a time when good news is rare.

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Freeze Warning: South African Law Makes Unauthorized Weather Forecasts Illegal

Submitted by Mark Esposito, Guest Blogger

American novelist Ilka Chase once wrote that, “Among famous traitors of history one might mention the weather.” Now it seems unauthorized  predictions about the weather are getting the traitor treatment, too. A proposed South African law would make any weather forecast about severe weather or air pollution not authorized by the government-funded South African Weather Service (SAWS) subject to five years in prison and a $630,000.00 fine. The law would affect TV weather forecasters, online services like Weather.com, and community based weather services. Talk about a government sponsored monopoly.

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Atheist Arrested In Indonesia For Blasphemy For Writing On Facebook “God Does Not Exist”

We have been following the increasing abuse of the legal system in Indonesia, including the application of Sharia law. Now, an atheist (identified only as Alexander) has been arrested and faced five years in jail for questioning the existence of God on his Facebook page. It is the latest blasphemy arrest, discussed earlier in a column.

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Justice According To Scalia and Thomas: Two Justices Dissent From Giving Death Row Inmate Appeals After He Was Abandoned By Counsel

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.

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SITES UNITE TO STOP SOPA

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.

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Who Burned The Senator?

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.

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