Below is today’s column on the first day of the October Term for the Supreme Court. It specifically explores the first amendment cases on the docket. There are four major such cases thus far on the docket and, most importantly, two free speech cases that will be strong indicators of the views of Justice Sonia Sotomayor.
Continue reading “Justice Sonia Sotomayor’s Free-Speech Tests”
There is a disturbing and important ruling out of the United States Court of Appeals for the Eighth Circuit. In the prisoner case below, Nelson v. Correctional Medical Services, the court examined whether a prisoner guard is entitled to qualified immunity when she shackles a female prisoner during labor despite the objections of the medical staff. Arkansas corrections officer Patricia Turensky was found not to be entitled to such protection for her actions in shackling inmate Shawanna Nelson. The decision was handed down on October 2, 2009.
There is a fascinating case in Ontario, Canada this week. Levi Shaeffer, 30, was shot dead by Peterborough police officers when he was camping near Pickle lake. He had not committed any crimes and was simply camping on an island. However, an investigation was terminated because the officers involved in the shooting did not write down contemporary accounts of the shooting after meeting with counsel. Chief Murray Rodd, however, insists on the department website that “[w]e are truly dedicated to our core values to be the best Police Service, providing the highest standard of professionalism in partnership with our community.” They might want to start with writing down accounts of shooting campers.
Judge Charles J. Markey is asking for a public rehearing. The New York Law Journal and the ABA Journal ran a story detailing how Markey allegedly denied a motion or dismissed a case due to improper stapling. The story was picked up on various legal blogs, including this blog. However, Markey has written a letter to the editor insisting that the facts have been distorted and that this was no “case of first impression” of dismissal for negligent stapling. He seems to have a case.
Continue reading “Decoupling the Staple Story: New York Jurist Challenges Account Over Negligent Stapling Story”
Roy Werbel was shocked, shocked when he found no fruit in his froot loops. Werbel is suing Kellogg’s because he believed Toucan Sam when he declared: “Follow my nose! It always knows! The flavor of froot! Wherever it grows!” Werbel insists that he reasonably assumed “froot” was “fruit.”
Continue reading “Will Toucan Sam Sing on the Stand? Man Sues Kellogg’s Over Fruitless “Froot””
The high-end supporters of filmmaker Roman Polanski have been relying more on a documentary than documents in claiming his innocence, citing the film “Roman Polanski: Wanted and Desired” as showing that Polanski was railroaded. The film features former prosecutor David F. Wells confirming improper communications by the judge. He has now admitted that it was a lie and he was grandstanding in the film.
Continue reading “Ex-Prosecutor Admits He Lied in Polanski Movie”
The Supreme Court has accepted a major handgun case, McDonald v. Chicago, that will define the scope of the recently recognized individual right under the Second Amendment. It will also allow new Justice Sonia Sotomayor to vote on the very issue that led to much of the opposition against her in her confirmation.
Continue reading “Supreme Court Takes Chicago Handgun Case in Major Test of Second Amendment Rights”
Florida State bar authorities have fined trial lawyer Sean Conway $1,200 for criticizing Ft. Lauderdale Judge Cheryl Aleman on a blog, including calling Conway an “evil, unfair witch.” We previously discussed this case, here. The ruling is a major blow to free speech and another case of courts or the bar overreaching in punishing lawyers and parties for their criticism of judges. What is particularly interesting is that Aleman has been charged with misconduct by the Judicial Qualifications Commission.
Continue reading “Florida Supreme Court Upholds Sanction Against Lawyer Who Called Judge a “Witch” on a Blog”
Allen Feingold had a less than conventional approach to litigation, such as allegedly choking a 74-year-old judge after an adverse arbitration ruling. Now, Philadelphia Common Pleas Court President Judge Pamela Pryor Dembe has ordered that he be locked out of his office to prevent him from continuing to practice law after his disbarment.
While justice delayed may be justice denied, but justice appears to have caught up with Roman Polanski — just 31 years delayed. To the surprise of his family and lawyers, Swiss authorities arrested the seventy-six-year-old famous director on the outstanding international warrant.
Continue reading “Roman Polanski Arrested in Switzerland”
Orly Taitz, the lawyer and de facto leader of the “Birther” litigation, has filed a motion to withdraw from further representation of Dr. Connie Rhodes after Rhodes accused her of filing new papers in Rhodes v. MacDonald without her approval and after she agreed to be deployed by the military. Taitz is also facing a possible $10,000 fine from United States District Court Judge Clay D. Land, who previously dismissed the action. Taitz declared in one filing: “This case is now a quasi-criminal prosecution of the undersigned attorney.” She is already facing a California bar complaint and Rhodes is promising to file a new complaint against her for her “reprehensible” representation.
Continue reading “Client Fires Orly Taitz and Threatens Bar Complaint Against Her As Judge Explores Sanctions”
Attorney Todd C. Bank really liked his Operation Desert Storm hat. Almost as much as Eastern District of New York Judge Nicholas G. Garaufis (left) disliked it. Bank, a sole practitioner in Queens, lost his constitutional claim that he had a right to wear jeans and a hat of his choice in court. Garaufis ruled that any desire to accessorize would occur outside of the Constitution and his court (or any other court for that matter).
Continue reading “Legal Question of the Day: Should A Lawyer Be Able to Wear Jeans and Hats in Court?”
New York Supreme Court Judge Charles Markey takes stapling very seriously. He took counsel to task for not just injurious stapling but failing to sign pleading, which were apparently signed in blood by the clerks.
Continue reading “New York Judge Uses Decision to Chastise Attorneys on Improper Stapling Motion for “Negligent Stapling””
Below is today’s column on the aftermath of the Joe Wilson controversy. The threat of the Democrats to punish members using certain words to criticize the President raises some novel and unresolved constitutional questions.
It took a jury only two hours to acquit Denver Police officer Cpl. Michael Cordova of excessive force, even though a videotape (below) of his actions breaking the teeth of John Heaney caused public outrage. Cordova faced a charge of third-degree assault after he slammed Heaney’s face into the pavement while Cordova served as a member on an undercover anti-scalping Vice unit.