Manhattan trial attorney Michael Harrison has been named as the unidentified lawyer that is the subject of an ineffective counsel ruling where the court found that counsel fell asleep during trial, read magazines during witness testimony and gave such a rambling, implausible opening argument that the jury laughed.
Continue reading “Court Orders New Trial After Lawyer Allegedly Sleeps in Court, Reads Health Magazines During Testimony, and Gives “Laughable” Opening Argument”
Category: Justice
Convicted drug dealer Calvin Eugene Wells is looking at a likely release from prison based not on his conduct or innocence, but a three-letter typo. Wells was sentenced in October 2005 to 10 years for his possession of more than 100 grams of cocaine. However, the verdict form signed by the jurors contained a typo that wast eh grounds for an appellate court to slashed his sentence down to a fifth-degree felony.
Continue reading “Ohio Inmate to be Freed Over Typo on Sentencing Form”
Dorothy Hendricks, 54, of St. Croix has been charged with allegedly trying to sell her vote on a criminal jury. Another juror is also under investigation in the U.S. Virgin Islands for trying to sell their votes for between $3000 and $5000 to a defense attorney.
Continue reading “Jurors Under Investigation for Attempted Bribery”
Gentleman assume your couches! Happy Father’s Day to all of the Turley bloggers.
In a split 5-4 decision, Chief Justice John G. Roberts, Jr. ruled that an individual cannot demanded access or testing to DNA material after his conviction becomes final in District Attorney’s Office v. Osborne (08-6).
Continue reading “Supreme Court Rules Against Constitutional Right to Access to DNA Testing”
Recently, many civil libertarians have been alarmed by legal changes in England restricting the media, free speech, prosecuting insults against religion, and other rollbacks. Now, the Lord Chief Justice has ruled that criminal trials no longer require a jury for the first time in England and Wales.
Continue reading “Lord Chief Justice: Jury Trial No Longer Required in England and Wales”
Columnist Bonnie Erbe said last week that “it ought to be against the law” for people to call George Tiller “a murderer” and “anyone who [says such things] it ought to be prosecuted as an accessory to murder, as well as for partaking in domestic terrorism.” Others have also demanded that we treat such crimes as “domestic terrorism.” Below is today’s column on defining terrorism.
Continue reading “Defining Terrorism: We Can Call People Murderers Without Diminishing Their Crimes”
In Oklahoma, David Harold Earls, 64, has received a one-year jail sentence after raping a 4-year-old girl. The sentence has caused an outcry across the country and moves in the legislature to recall District Judge Thomas Bartheld, who gave Earls a twenty-year sentence with nineteen years suspended under a plea agreement between the prosecutors and defense counsel. He also fined Earls $1,000.
Continue reading “Oklahoma Man Pleads Guilty to Raping 4-Year-Old Child and Gets One Year in Jail”
The federal prison system has plenty of jailhouse lawyers. Now it has its first jailhouse judge (not to mention of jury of his peers). U.S. District Judge Samuel B. Kent began to serve his jail sentence today while still a member of the federal judiciary. He continues to refuse to resign. For those who were initially supportive of Kent, few people defend him now after his outrageous effort to bilk the judiciary for every possible dime of salary and benefits while dragging both the courts and Congress through the scandal that he created.
Baltimore City Circuit Court Judge Charles G. Bernstein has been found to have acted so improperly in two criminal cases that he became a “co-prosecutor” and denied the defendants a fair trial. Steven Diggs (found guilty of drug possession) and Damon Lamar Ramsey (convicted of possession and intent to distribute) will receive new trials.
Continue reading “Court: Judge Charles Bernstein Acted as “Co-Prosecutor” and Denied Defendants Fair Trial”
U.S. District Judge Jeffrey White has cleared the way for Jose Padilla to sue University of California Professor John Yoo for the violation of his rights due to his physical abuse as a detainee. It is a relatively novel ruling that holds that government lawyers must be treated as other officials in participating in illegal programs or policies.
Continue reading “Judge Rules that Jose Padilla Can Sue John Yoo”
Civil libertarians have been outraged by President Barack Obama’s adoption of extreme Bush policies on secrecy and executive privilege, including his effort to dismiss public interest lawsuits and his Administration’s refusal to investigate war crimes committed by the Bush Administration. Now, Obama has filed to dismiss the case of Arthur Smelt and Christopher Hammer, who are challenging the 1996 Defense of Marriage Act (DOMA), which blocks same-sex couples from securing Social Security spousal benefits, filing joint taxes and enjoying other federal rights of marriage.
Venezuela President Hugo Chavez has renew his threats against one of the few remaining networks that voice opposition to his government. Chavez told executives at Globovision “to reflect” upon its criticism of him and change its tone or it “won’t be on the airwaves much longer.”
Continue reading “Chavez Continues Crackdown on Journalists and Free Speech”
France’s highest court, the Constitutional Council, has ruled that access to the Internet is a basic human right in a decision striking down a key component of the a new internet piracy law by the Sarkozy administration.
Continue reading “French Court: Access to Internet is Basic Human Right”
Civil libertarians have been complaining that many liberals are ignoring that Judge Sonia Sotomayor has been viewed as hostile to core liberal values and has a fairly conservative voting record in many areas, including free speech, student rights, and criminal procedure. For a review of her cases, click here. Another case has come to light that shows little of the empathy cited by the White House. While Vice President Joe Biden has emphasized the Sotomayor “watches the back of police” in cases (which is supported in some of her more controversial rulings), she has shown little empathy for those challenging police or convictions. The case of Jeffrey Deskovic is being cited as one such case.
Continue reading “Meaning of Empathy: Sotomayor Refused to Consider Appeal of Man Based on Technicality — Man Later Found Innocent Based on DNA”