Michael Ray, a federal inmate, could rightfully claim some confusion. A “jailhouse lawyer,” Ray convinced the United States Supreme Court to accept an important prisoner case this term — an achievement unmatched by the vast majority of practicing lawyers. Now, however, the South Carolina State Attorney General is reportedly investigating Ray for possible charges of practicing without a license. What is particularly curious is that this is the same state that recently admitted well-connected applicants for the bar after they flunked the exam. South Carolina appears to have entered some parallel universe where success in the law is failure while failure in the law is success. Continue reading “South Carolina Moves Against Successful Jail House Lawyer While Allowing Unsuccessful Bar Applicants to Become Lawyers”
Category: Lawyering
Karyn Galila, 24, has been given a 90 day jail sentence for her false report of being raped at gun point by five men in San Mateo, California. What is most striking about this story is the lack of consistency in the treatment of such false accounts, particularly the refusal of prosecutors to pursue charges against the two women behind the false rape charges in the Duke Lacrosse case. Continue reading “California Court Jails Woman Who Made False Rape Claim”
A Tortured Defense;
The guessing game is over. We know the U.S. government OK’d and utilized waterboarding. So what — if anything — are we going to do about it? Continue reading “The Tortura De Bush and the Administration’s Taste for Khmer-Style Waterboarding”
Jerry Seinfeld has asked a judge to dismiss a lawsuit filed by Missy Chase Lapine over comments made about her on national television. Seinfeld insists that he was just joking, but the laugh could be on him under the standard for such pre-trial dismissal. Continue reading “Just Kidding: Seinfeld Moves to Dismiss Lawsuit”
Defense Department General Counsel William Haynes has resigned after a disclosure by the former chief prosecutor for the Guantanamo military commissions, Col. Morris Davis, involving Haynes’ view of the true function of the military trials: to blindly impose guilty verdicts. Davis revealed that Haynes insisted that the military tribunals only produce convictions and no acquittals — leading to the demand of various military lawyers to be transferred. Haynes is the very same person that the White House and GOP fought to be made a federal judge. Continue reading “Top Bush Official Resigns After Reports that He Demanded Only Convictions from the Military Tribunals”
Zacarias Moussaoui is back. The self-confessed terrorist has filed an appeal with the United States Court of Appeal for the Fourth Circuit, contesting the trial court’s refusal to give him his choice of lawyers and the denial of information to him in his defense. While it is extremely unlikely that he will prevail in the Fourth Circuit, the arguments being made by Arnold and Porter are not nearly as crazy as their client. Continue reading “Moussaoui Returns: Appeal Claims Violations of His Sixth Amendment Rights”
U.S. District Judge suspended the trial date for U.S. Rep. William Jefferson pending his appeal. Jefferson has filed a novel challenge over the use of privileged material in the grand jury that led to his indictment on corruption charges. Continue reading “Jefferson Trial Suspended Pending Appeal”
An eleven-year-old boy may have just struck out pitching legend Roger Clemens. Photos have surfaced from a party given by Jose Canseco in 1998 — taken by one of the children. They purportedly show Clemens at the party, which Clemens vehemently denied in sworn testimony in hearings on the use of performance-enhancing drugs in baseball. Baseball legend Jose Canseco may also be at risk in this disclosure. Continue reading “Beware of 11-Year-Olds with Cameras: Pictures Reportedly Contradict Testimony of Roger Clemens”
Arkansas Lt. David Mitchell is accused of filmed himself using a stun gun on a cow as his colleague laugh at the abuse of the animal. He will not be criminally charged. Continue reading “Arkansas Police Officer Allegedly Films His Use of a Stun Gun on Cow”
In a surprising decision, convicted attorney Mary S. Roberts received no jail time for her convictions of theft in a sordid sex/blackmail scheme with her husband, lawyer Ted H. Roberts. She received 10 years probation despite the fact that her husband received five years and she faced a maximum of 20 years in prison. The sentence seems rather inconsistent with her husband and a bit light given the multiple count conviction in this case. Continue reading “Disgraced San Antonio Lawyer Mary Roberts Avoids Jail in Sex-Blackmail Case”
A New York woman has filed in interesting torts case against ABC News over a “Primetime” segment called “Stepfamilies in Crisis.” On the 2006 segment , ABC showed Kyle Nelson, then 15, being held down and punched by her stepfather Joe Nelson. She is now suing the network for failing to intervene and invasion of privacy, among other torts. Continue reading “Abused Girl Sues ABC for Over Filming of Her Beating by Step Father”
As the legacy of the Roberts Court has started to form over the last few years, one of its most pronounced trends has been a highly pro-business bent. This trend continues this term with a series of rulings, including a very significant ruling in favor of medical manufacturers on the question of federal preemption in torts in Riegel v. Medtronic. Continue reading “Open for Business: Roberts Court Delivers Another Victory for Business in a Major Torts Ruling”
More than three dozen current and former lacrosse players at Duke have sued the University for its actions during the infamous rape case. They have grounds for the lawsuit after the University discarded every principle of legal process and fairness to join the mob against its own students. Continue reading “Duke Lacrosse Players Sue Duke University Over Rape Case”
A week after he was criticized by his state supreme court on a matter of judicial ethics, faux TV judge Alex Ferrer (aka “Judge Alex”) lost handily before real jurists on the Supreme Court. With a 8-1 ruling, Judge Alex can claim to have brought a rare degree of near unanimity on the divided Court in rejecting his legal claims. Continue reading “Supreme Court Justices Rule Against Faux TV Judge: “Judge Alex” Loses Contractual Case 8-1″
The use of videos to record custodial conditions and arrests has yielded some surprising evidence of abuse over the years. However, this video is perhaps more chilling for what was not filmed. Shreveport, LA Officer Wiley Willis is shown clearly getting angry with Angie Garbarino, who was arrested on suspicion of drunk driving. After roughly handling Garbarino, Willis is shown turned off the video. When it is again turned on, Garbarino is shown lying in a pool of her own blood. Continue reading “Video: Police Officer Turns Off Video Before Woman is Found in a Pool of Blood”