Category: Criminal law

Military Blogger Finds Flaw in Supreme Court’s Child Rape Ruling

Dwight Sullivan, a colonel in the Marine Corps Reserve, has some crowing rights this week. He found a serious factual error in the majority opinion barring the death penalty for child rape defendants — a flaw that was missed by both the majority and dissenting justices in Kennedy v. Louisiana as well as all of the attorneys in the case. The error was flagged by Sullivan on CFlog.

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Shock Video: U.S. Contractor Allegedly Shown Teaching Mexican Police How to Torture Suspects

Mexican citizens are in an uproar over newly released videos which appear to show a U.S. contractor teaching Mexican policy how to torture suspects, including a crude variation of water boarding. The Mexican police have been repeatedly accused of torture and this video show them practicing such techniques as dragging people through their own vomit under the directions of a U.S. adviser. It appears that we are succeeding in exporting something to Mexico, but (to paraphrase Ross Perot) that “great sucking sound” is not the loss of jobs.

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Joe Horn Cleared by Texas Grand Jury

Joe Horn, a man who killed two men who broke into a neighbors house will not be charged despite an audio recording in which Horn disobeys a dispatcher and seems intent on killing the men. A Texas grand jury refused to indict him for the killings in November.

The Horn case has focused attention on so-called Make My Day Laws (or the Castle Doctrine). Horn expressly cited his right to shoot the men before going outside to encounter him. For a prior story, click here and here.

For the full article, click here

The Poetry of Presidential Abuse: The D.C. Circuit Rules Against the President With “Snarky” Poem

For years, many have cited international and domestic law to show that President Bush has committed grave crimes in office. Now, the Court of Appeals has enlisted Lewis Carroll and his poem “The Hunting of the Snark” to bring home the point in it ruling against the Administration in the case of a Huzaifa Parhat, a Chinese Muslim held at Guantanamo Bay.
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Boston Police Accused of Beating Student to Death for Snide Comment

Citizen groups are calling for an investigation of the death of David Woodman, a 22-year-old Emmanuel College student in Boston. According to friends, Woodman merely made a slightly snide comment to officers and was tackled by eight officers and eventually died from his injuries. The Boston police department is insisting that no excessive force was used against Woodman who was holding only a plastic beer cup.

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New York Police Allegedly Film Themselves Framing Four Men

New York undercover police officers filmed themselves framing four men in a drug case. The films shows that brothers Jose Colon and Maximo Colon had no contact with the officers despite their sworn statements that the men sold them drugs. The Colon brothers were ruined over the six months, it took to clear their names and are now suing.

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Old Van w/ Low MPG, High FS (Free Speech): Ninth Circuit Rules in Favor of Van Speech

The Ninth Circuit has rendered an interesting first amendment decision on the right to cover one’s car with unpopular or obnoxious statements. Matthew Fogel painted his van with such ditties as “ALLAH PRAISE THE PATRIOT ACT . . . F***ING JIHAD ON THE FIRST AMENDMENT! Most notably, he taunted police with “PULL ME OVER! PLEASE, I DARE YA[.]” The police agreed and did precisely that. He was arrested- then forced by police to paint over the words as a condition for his release. He was charged as a bomb threat by Grass Valley, California police.

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Senior Pilots Challenge “The Fairness for Experienced Pilots Act”

Late last night, I filed our challenge to the ironically names “The Fairness for Experienced Pilots Act,” legislation that wipes out the seniority, benefits, and status of pilots who turned 60 before December 13, 2008 — the date of the Act’s enactment. This new Age 60 rule violates a host of constitutional and statutory laws, as the brief below explains.

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MySpace Rage: Girlfriend Stabs Child for Deleting Comment on MySpace Page

We have seen fraud, harassment, and even suicide allegations tied to MySpace in the last year. Now, we have an attempter murder allegation against 18-year-old Stephanie Torres for stabbing her boyfriend’s 12-year-old niece, Stephanie Usche. She was reportedly mad at the girl erasing a comment on her MySpace page.
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Faith-Based Favors: Justice Department Official Fired After Invoking the Fifth Amendment in Congressional Investigation

Michele DeKonty, who served as chief of staff at the U.S. Office of Juvenile Justice and Delinquency Prevention (OJJDP), has been fired after invoking the Fifth Amendment and refusing to answer congressional questions over granting favors to certain organizations in federal grants. It is yet another scandal in the Bush Administration that shows how deep the damage has been at the Justice Department. She is accused of cutting corners for faith-based organizations. This is not good news for Regents University, the religious based law school that has been a favorite hiring ground for the Bush Justice Department. DeKonty is a graduate of Regents University and has been compared to that other infamous Regent grad, Monica Goodling.

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Shock Video: Massachusetts Legislator Under Attack for Declaring That He Would “Rip Apart” Child Rape Victims

Rep. James Fagan, a Democrat Massachusetts politician and defense attorney, is under attack for his opposition to the Jessica’s Law (imposing still penalties on child sex offenders. In the video below, Fagan declares that, if the law passed, he would “rip apart” child rape victims to the point to destroying them for life.

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