The Supreme Court has refused to hear an appeal from the decision of the Mississippi Supreme Court to uphold the alienation of affection tort and to award a man $750,000 to be paid by his wife’s lover. Sandra Valentine (yes, Valentine) was accused by her husband of having an affair with her wealthy businessman, Jerry Fitch, and having a baby with him. After divorcing Valentine, Johnny Valentine sued Fitch and won. In its ruling, the Mississippi Supreme Court rejected calls to reject the tort of alienation of affection as antiquated. Continue reading “Supreme Court Refuses Case of Cuckolded Husband Who Won $750,000; Mississippi Supreme Court Upheld Alienation of Affection Tort”
Category: Justice
There has been a spate of recent defamation actions by and against celebrities from Roger Clemens to Tom Cruise and now Jerry Seinfeld. Seinfeld and his wife Jessica Seinfeld have been sued by Missy Chase Lapine over comments made on the David Letterman Show about her and her allegations of plagiarism of a cookbook by Jessica Seinfeld. This one could actually make some interesting new law if it goes the distance. Continue reading “Latest Celebrity Defamation Lawsuit: Jerry Seinfeld and Wife Sued for Defamation”
The Georgia Supreme Court is considering a basic law of physics: is a man is banished from the entire state except for a small county in a distant section: how can he get there and, if he does, how can he live. This is the intriguing question presented by a lower court’s sentence that Gregory Mac Terry is banished from all but one of the state’s 159 counties. Banishment has become the rage with state judges but there remains a question of constitutionality, if not impossibility. Continue reading “Georgia Supreme Court Considers the Limits of the Laws of Banishment and Physics”
Not long after the scandal of officials sending pictures of a decapitated Nicole “Nikki” Catsouras to friends on MySpace and the Internet, a fire Chief in Central Florida is accused to sending pictures of an accident victim to friends by e-mail. Umatilla Fire Chief Richard has been suspended after he allegedly took (and later e-mailed) pictures of a 26-year-old woman being treated by emergency workers after she crashed her sport utility vehicle into a tree. The woman died later from her injuries. The pictures include nudity. Continue reading “Another Official Accused of Sending Graphic Pictures of Accident Victims to Friends”
In the latest of a series of interesting cases involving sperm donors and surrogate mothers, the Pennsylvania Supreme Court has ruled that a sperm donor is not liable for child support. The decision in favor of Joel L. McKiernan reversed lower court decisions compelling him to pay child support despite a promise from Ivonne V. Ferguson, his former girlfriend and co-worker, that she would not ask for such support. Continue reading “Pennsylvania Supreme Court Rules In Favor of Sperm Donor Against Mother Claiming Child Support — Despite Earlier Waiver”
In Oliver Twist, Mr Bumble said “If the law supposes that . . . the law is a ass.” It perhaps a lesson now understood by Judith Law who received an extra 90 days to telling South Carolina Circuit Judge Diane Goodstein to “kiss her ass” on a probation revocation order. Continue reading “Mr. Bumble’s Revenge: Judge Sentences Woman to Contempt for Telling Her to Kiss a Certain Body Part”
In a curious lawsuit, accused terrorist Jose Padilla has sued Law Professor John Yoo. Yoo is the supposedly one of the authors of several memos supporting President Bush’s enemy combatant policy and has been linked to the abuse that resulted from that policy. Yoo and Georgetown Professor Viet Dinh have been criticized for their roles in creating these abuses that include a formal torture program and the denial of basic constitutional rights. Continue reading “Accused Terrorist Jose Padilla Sues Law Professor John Yoo”
There is an interesting fight brewing over the arrest of Chris Wilson. Wilson is hardly Thomas Paine, unless Paine dabbled in porn. Wilson, 28, is the founder and manager of a controversial site, nowthatsfuckedup.com, where guys post sexually explicit shots of their wives and girlfriends. Nice. However, recently Wilson began to post explicit and disturbing pictures of the carnage from Iraq, photos reportedly sent by soldiers posted abroad. In October, Wilson’s home was raided, his computer seized, and he is now facing life in prison. Beneath the gore and porn, Wilson may have a valid first amendment case. Continue reading “Chris Wilson’s War: Publisher of Iraqi War Dead Arrested and Computer Seized: Was it Porn or Politics?”
With the Court set to rule on the constitutionality of lethal injection, it has taken an equally important case to review the constitutionality of capital punishment for non-homicide crimes. Patrick Kennedy, 43, was sentenced to death for the rape of his 8-year-old stepdaughter in Louisiana — one of only two death row inmates sentenced for a non-homicide crime. After decades of the Court pruning back the death penalty through exceptions, this could be a case where there is an expansion of capital punishment. Continue reading “Supreme Court Takes Up Child Rape Death Penalty Case”
Authorities in Lewisville, Texas believe that Yaser Abdel Said, 50, shot his daughters Sarah Yaser Said, 17, and Amina Yaser Said, 18, in his taxi as an honor killing. It is not clear whether this was the motive. Such a honor killing would follow an equally disturbing case involving a homicidal father and the Indian caste system. Continue reading “Texas Officials Investigate Whether Father’s Shooting of Two Daughters Was a Muslim Honor Killing”
The Wisconsin Supreme Court is under fire this week for issuing what is viewed as a slap on the wrist to one of its members: Supreme Court Justice Annette Ziegler. Ziegler violated fundamental conflict of interests rules by presiding over cases where she had an obvious conflict of interest. Public interest advocates noted that attorneys are routinely suspended for such violations by the courts. The case seems to follow recent cases of judges protecting their own while pursuing critics. Continue reading “The Thin Black Line: Wisconsin Supreme Court Reprimands Justice Annette Ziegler – Refusing More Serious Discipline for Violating Conflicts of Interest Rules”
The Christa Worthington murder case has taken a surprising turn as jurors allege that racism played a role in the conviction of Christopher McCowen for the crime. The allegations are strikingly similar to those of a juror in the recent conviction of John White in New York. What is remarkable is that the judge in the Worthington murder case has decided to call the jurors to address the allegations in open court. Continue reading “Jurors Allege Racism and Coercion in Murder of Fashion Writer Christa Worthington”
Jane Harman, the ranking Democrat on the House Intelligence Committee warned then-CIA general counsel Scott Muller in a 2003 letter that destroying videotapes of terrorist interrogations would put the CIA under a cloud of suspicion. However, what is as remarkable as the decision of the CIA to go ahead with the destruction is the failure of the Democrats to do nothing more than discourage what was a presumptively criminal destruction of evidence. Moreover, there is no mention of the crime of torture — only that it would “reflect badly on the agency.” Continue reading “Top Intel Democrat Warned CIA Not to Destroy Tapes — But Then Did Nothing Further”
The latest innocent man wrongly convicted in Dallas County is Charles Chatman who spent 26 years in prison for a rape of a neighbor. He is the 15th such person to be cleared by DNA in Dallas County, which has developed a reputation as a careless and dangerous jurisdiction for criminal prosecutions. Texas itself has had to release at least 30 wrongfully convicted inmates since 2001. The question is what the state and county will do to correct a justice system that seems to unjustly convict the innocent with a shocking repetition. Continue reading “Dallas County Expands Its Dubious Record of the Most Wrongly Accused Individuals Cleared by DNA”
Attorneys have long had to deal with the ethical problem of representing clients who do not take their legal advice or act against their own interest. In such cases, they may ultimately have no choice but to seek termination of the representation, even in the midst of litigation. That is precisely what counsel has done with Britney Spears, seeking to leave en masse from further representation in her custody battle with Kevin Federline. One lawyer, however, continues to work on the criminal side to try a novel argument to avoid a criminal conviction. For lawyers, it is like watching the world’s longest car wreck. Yet, there is an intriguing legal issue here on the status of celebrities for the purposes of state violations. Continue reading “Attorneys Seek to Drop Britney Spears While One Remains to Try Novel Criminal Defense”