Category: Criminal law

Is There A Juris Doctor In The House? Maryland Heart Surgeon Stripped Of License After Allegedly Performing Hundreds of Unnecessary Surgeries

Well-known heart surgeon Dr. Marc Midei has lost his license after being found to have performed hundreds of unnecessary surgeries on his patients by the Maryland Board of Physicians. It turns out that they really need juris doctors.

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Justice Department Forces Mistrial After Violating Court Order in Clemens Trial

In an enormous embarrassment, the Justice Department forced a mistrial in the trial of baseball star Roger Clemens after its attorneys committed a flagrant violation of the court’s orders. Clemens will now have to be retried after U.S. District Judge Reggie Walton found that the Justice Department severely undermined a fair trial for the accused. The sanction is a sharp blow to U.S. Assistant Attorney Steven Durham and his team — and a rare example of a court imposing such sanctions against the government. Defense attorneys often complain that prosecutors engage in such conduct — including some intentional slips — because they are confident that the jury will simply be told to disregard the evidence. It is not known if this was an intentional or simply negligent act by the prosecutors.
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Iranian Christian Told By Supreme Court To Renounce Faith Or Face Punishment

When I saw this story on Reddit, I had a hopeful moment. It said Iran’s Supreme Court had actually annulled the death sentence of Yousef Nadarkhani, who was arrested in 2009 and given the death sentence late last year for apostasy. However, it turns out the evangelical pastor has simply been sent back to the trial court to be given a chance to “repent” and renounce Christianity.
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Warrant Issued For Former Prosecutor After No Show In Theft Trial

A Louisiana court has issued a warrant for arrest for former Terrebonne assistant district attorney Stephen Callahan, 51, after he failed to appear to stand trial on allegations that he stole the money of a client, Sarah Reed, 56. Callahan’s lawyer has insisted that Callahan simply couldn’t find a ride on Monday or Tuesday.
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Brown Family Challenges Utah’s Polygamy Law

Today, we filed the complaint below in the challenge to Utah’s criminal polygamy law. I am still in Salt Lake City for the filing. With me today is our local counsel Adam Alba, an outstanding young attorney and one of my former students. As noted earlier, the lawsuit is on behalf of my clients, the Brown family. The Browns are featured in the TLC program Sister Wives as an openly polygamous family.
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Israeli Court Refuses To Charge Police In Shooting Of 10-Year-Old Palestinian Girl in 2007 Because Too Much Time Has Passed

In a controversial decision, Israel’s High Court has ruled that Israeli policemen will not face trial in the shooting of a 10-year-old Palestinian schoolgirl Abir Aramin in 2007 because it feels too much time has passed. An earlier court found that there was “no debate” that Abir was shoot by border guards. Yet, her family will not receive a trial — or a hope for justice in the case.

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Brown Family To File Challenge To The Criminalization of Polygamy In Utah

As reported by The New York Times and National Public Radio, I will be traveling to Salt Lake City today to file (on Wednesday) a challenge to the Utah statute criminalizing bigamy and cohabitation. The lawsuit will be filed on behalf of my clients, the Brown family. The Browns are featured in the TLC program Sister Wives as an openly polygamous family.
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McConnell: Casey Anthony Verdict Shows Terrorist Suspects Should Not Receive Real Trials

Many have objected that the Casey Anthony trial and verdict has displaced attention to every thing from three wars to a growing economic crisis. Now, however, Senate Republican Leader Mitch McConnell has suggested that the impact of the Anthony verdict may extend to national security trials and serve as an excuse to deny terrorism defendants a federal trial. McConnell stated that the verdict shows that we cannot trust our court system in trying terrorism suspects. The clear import is that we should use the widely ridiculed military tribunal system because we cannot risk defendants actually prevailing in court.

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Florida Principal Under Fire After Performing Hypnosis on Two Students Who Later Committed Suicide

Florida High school principal George Kenney is under fire for using hypnosis on students — two of which later committed suicide. Kenney had been told by school officials not to use hypnosis on students, but parents have rallied to his side in the controversy.

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Pennsylvania Lawyer Gets 10-25 Years After Hunting Accident

Attorney David Manilla received a sentence of 10-25 years behind bars for a hunting accident in which Barry Groh was killed. Normally, such accidents are tragic but routine — without criminal charges. However, Manilla was barred from owning guns due to a prior conviction. Manilla, 49, pleaded guilty to involuntary manslaughter and firearms offenses, including possession of a gun as a felon. Manilla’s effort conceal the crime aggravated the underlying crime.

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Rage Against The Machine

Submitted By Mark Esposito, Guest Blogger

Has the Emperor of Gotcha' Been Got?

Britain’s largest weekly tabloid, News of the World,  closes today, but not from lack of advertisers or readers. Instead, the Rupert Murdoch led tabloid succumbed to its own excesses amid shocking allegations of  interceptions of cellphone voice mails of the families of a murdered 13-year-old girl, servicemen and women slain in Afghanistan, and victims of  the 2005 London terrorist bombings.  Glenn Mulcaire, a private investigator who worked for News of the World,  is accused of the electronic hacking.

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The Interior Of Your Car Is A Public Place

-Submitted by David Drumm (Nal), Guest Blogger

In Indiana, an intoxicated passenger in a car pulled over by police, is guilty of public intoxication.

Indiana code defines public intoxication as being “in a public place or a place of public resort in a state of intoxication caused by . . . use of alcohol . . . .”

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