Category: Criminal law

Mistrial Declared in New York After Juror Suddenly Announced That She Previously Saw The Defendant . . . Dragging The Victim Across a Bridge

We all wait in our careers for that Perry Mason moment that never comes in a trial . . . when someone stands up in the court and screams “Yes, I did it!” One lawyer in the trial of Earl Berry, 40, came close in a real plot twist. On the second day of the trial, a juror announced she had previously seen the defendant . . . dragging the victim across a bridge.

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Gas Overwhelms Cook-Off: Texas Police Officer Suspended After Allegedly Throwing Tear Gas Canister Into Competitor’s Booth

Gas is always a concern at any cook-off with Bar-B-Que and beans but one Houston police officer is accused of supplying tear gas of his own. Mike Hamby, 51, has been suspended for allegedly tossing a tear gas canister into the booth of a competitor at the cook-off.
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Supreme Court Upholds Use of Dying Statements as “Non-Testimonial” Evidence

The Supreme Court has ruled that a mortally wounded man’s dying statement is “non-testimonial” and can be used to convict a man of murder. The ruling, written by Justice Sonia Sotomayor raised serious concerns under the confrontation clause of the Constitution. Notably, the strongest voice against the ruling came from Justice Antonin Scalia. Justice Kagan did not participate in the decision in Michigan v. Bryant.

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The Obama Administration Inserts Provision Into UN Security Council Measure To Protect Mercenaries From War Crimes Prosecutions

The recent United Nation Security Council decision to freeze the assets of the Gaddafi family was heralded as a high-point of international cooperation to fight authoritarian abuse. What has gotten less press attention is the role of the United States in drafting the resolution. The Obama Administration insisted on adding a provision that barred the punishment of mercenaries for war crimes committed in the country — out of concern that the same principle could be used against U.S. contractors in places like Iraq.

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Canadian Judge Under Fire For Light Rape Sentence and Comments on Victim

Manitoba Justice Robert Dewar is under attack for his sentencing of Kenneth Rhodes, 40, for sexual assault. Dewar gave Rhodes just a two-year conditional sentence to be served at home for raping a 26-year-old woman. Dewar appeared to blame the victim in part for the attack.
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Illinois Man Sends Over $200,000 To Fake Web “Girlfriend”

I am always shocked by folks who fail for Nigerian Internet schemes or web cons. The saddest, however, are the ones (as we have seen) that prey upon people looking for companions. A 48-year-old Naperville man has added himself to that lonely hearts club after giving $200,000 to a fake “girlfriend” whom he only knew over the Internet.
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Roger Ailes Accused of Encouraging Judith Regan To Lie To Federal Investigators

Filings in Judith Regan’s pending lawsuit have revealed the identity of the person whom she says encouraged her to lie to federal investigators about her affair with former New York police commissioner, Homeland Security nominee and subsequent convicted felon Bernard Kerick. She previously described the person as a “senior fox executive” but papers revealed that she was referring to Roger Ailes, the chairman of Fox News.

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Religiously Redneck: Florida Prisoners Lists Rednecks As His Religion on Booking Form

As Jeff Foxworthy might say, you know you’re a Redneck if you actually write down “Redneck” on your booking form under religion. That stand-up (and line-up) line properly goes to Joshua Lee Joehlin, who has become the first religiously Redneck inmate in Florida.
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Jury Tampering and the First Amendment

Mike Appleton (guest blogger)

A Florida circuit judge has issued  an administrative order virtually certain to result in a court battle pitting the right of free speech against the duty of courts to protect the integrity of jury deliberations.  The order prohibits “the dissemination of all leaflets and other materials to summoned jurors, as well as approaching a summoned juror for the purpose of displaying a sign to, or engaging in oral protest, education or counseling with information tending to influence summoned jurors on any matter, question, cause, or proceeding which may be pending, or which may be brought, before him or her as such juror… .”

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Politics of Contraband: Jerks Smuggle Jerky to Finance 34 Mile Trip

Submitted by Mark Esposito, Guest Blogger

Steve Martin’s character, Navin Johnson, has nothing on two West Virginia residents hell-bent to rescue a relative with car trouble. Hearing the plea for help, but without sufficient funds to finance the 34 mile trip from Somerset, PA to New Stanton, PA, cousins Michael Allen Graham, 37, and John Edward Barry, 35,  got  resourceful. Believing they could “live off the land,” so to speak, the Milton, WVa duo began an alleged shoplifting spree at gas stations and auto parts stores in the general direction of the disabled motorist.

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The Right’s War on Women Continues…at the State Level

Submitted by Elaine Magliaro, Guest Blogger

On the National Level

In late January, I wrote a post titled Rape Redefined and Brought to You by the US House of Representatives in which I talked about members of Congress—mostly Republicans—who were attempting to “redefine” what the only REAL kind of rape is—that would be “forcible rape.” (I wasn’t aware there was any other kind of rape.) These Congressmen were proposing legislation that would no longer consider the following types of sexual assault as rape: The rapes of women with limited mental capacity and rapes in which women were drugged or given excessive amounts of alcohol.

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