Category: Lawyering

Criminal Investigation of Judge Samuel Kent Goes Beyond Sexual Misconduct

In the latest indication of how serious the current investigation of U.S. District Judge Samuel B. Kent may be, it was revealed this week that the FBI is investigating possible crimes beyond his alleged sexual misconduct with a court employee. Continue reading “Criminal Investigation of Judge Samuel Kent Goes Beyond Sexual Misconduct”

Indictment Against Texas Supreme Court Justice is Quashed by Prosecutor While Jurors Publicly Allege Cover-up

The scandal over alleged arson by Texas Supreme Court Justice David Medina has gotten even more controversial. First, Harris County District Attorney Chuck Rosenthal refused to prosecute Medina after a grand jury issued indictments. Now, two of the grand jurors who voted to indict are having a public fight with Medina counsel, Terry Yates. Yates in turn has called for their punishment in allegedly violating grand jury secrecy. For many, it raises the same images of the ongoing Rocky Flats grand jury controversy. Continue reading “Indictment Against Texas Supreme Court Justice is Quashed by Prosecutor While Jurors Publicly Allege Cover-up”

The Dr. Phil Defense: If It Was Friendly, It Was Not Felonious

Today, Dr. Phil (as expected) redefined his role in the Britany Spears controversy, insisting that he visited the pop star as a pop friend, not a pop psychologist. It is a critical distinction that could determine whether Dr. Phil McGraw is charged with a felony. Continue reading “The Dr. Phil Defense: If It Was Friendly, It Was Not Felonious”

The Shih Tzu Hits the Fan: Indictments Issue for Texas Mayor Over Theft and Alleged Cover-Up Alleged Over Dog Named Puddles

Texas Mayor Grace Saenz-Lopez and her twin sister have been indicted in bizarre alleged crimes. At the center of the legal storm is a Shih Tzu named Puddles — a canine vixen who places humans under an apparent Voldemort-like trance. Continue reading “The Shih Tzu Hits the Fan: Indictments Issue for Texas Mayor Over Theft and Alleged Cover-Up Alleged Over Dog Named Puddles”

Mr. Smith Goes to Court: Ethics Rules Prevented Attorney From Revealing Alleged Prosecutorial Abuse

It has taken by Virginia attorney Leslie P. Smith has finally got something off his chest. Smith was counsel a decade ago for a cooperating witness, William Jones, who wanted to avoid the death penalty for a murder by fingering his co-defendant, Daryl R. Atkins. Atkins got tagged for the murder and the death penalty. However, Smith remained silent about a major problem: he allegedly watched prosecutors coach and conform Jones’ testimony, which was fatally flawed. Now there is a major ethical battle running concurrently with the ongoing battle over putting Atkins to death. Continue reading “Mr. Smith Goes to Court: Ethics Rules Prevented Attorney From Revealing Alleged Prosecutorial Abuse”

Behind the Black Hood: Death Row Inmates Seek Identity of their Future Executioners

Historically, executioners were hooded or masked to prevent retaliation for their service or to convey the image of non-personal justice. Now, five death row inmates are suing to learn the identities of their executioners. With recent disclosures of executioners with criminal records, the lawsuits could create some interesting precedent. Continue reading “Behind the Black Hood: Death Row Inmates Seek Identity of their Future Executioners”

Low Tar Goes to High Court

Low tar will finally go to the high court. The Supreme Court has added a case, Altria Group Inc. v. Good, that will finally result in a review of the recent cases brought around the country against low tar cigarette companies. It represents one of the most significant areas of liability for the tobacco industry after weathering the multistate settlement and various class action lawsuits seeking hundreds of billions of dollars. Continue reading “Low Tar Goes to High Court”

Court Rules that Children’s Faces Put on Adult Bodies Does Not Constitute Child Porn

In the last few years, the Supreme Court and lower courts have been considering claims of virtual child pornography — where the images look real but are actually computer generated. It creates a difficult legal question. However, Marshal Zidel presented an equally difficult question for the New Hampshire Supreme Court: Is it child pornography when the camp photographer took the faces of children at the camp and superimposed them on the bodies of adults? The state supreme court ruled that it is not. What is most disturbing is not Zibel’s perverse conduct is not unique. Continue reading “Court Rules that Children’s Faces Put on Adult Bodies Does Not Constitute Child Porn”

Innocence Evidence and Prosecutorial Misconduct Found in Tim Masters Case

The case of Tim Masters has long been viewed as one of the most disturbing murder convictions on record: a case where a man seemed convicted without direct evidence of guilt, treated abusively by police and painted as a deviate on the basis of childhood drawings. A special prosecutor has now found not only prosecutorial abuse in the case but DNA evidence that points to another man. Continue reading “Innocence Evidence and Prosecutorial Misconduct Found in Tim Masters Case”

Canada Lists the United States as a Torture Nation

The Bush Administration promised to re-define the country’s position in the post-9-11 world and it can now count our Canadian cousins as part of the transformation. The Canadian Department of Foreign Affairs has included the United States on the infamous list of countries which torture prisoners. In the meantime, Republican Tom Ridge has stated that there is no question about waterboarding being a form of torture. Continue reading “Canada Lists the United States as a Torture Nation”

San Francisco Zoo Tiger Attack Case May Come Down to Plaintiffs’ Conduct Questions

It appears that the tiger attack in the San Francisco Zoo may boil down to a case over plaintiffs’ conduct. New reports indicate that the two brothers mauled in the attack may have taunted the tiger, stood on the railings, and at least one may have been drunk at the time of the attack. Continue reading “San Francisco Zoo Tiger Attack Case May Come Down to Plaintiffs’ Conduct Questions”

Scientology Lawyers Go After Bloggers and Sites Featuring Bizarre Cruise Videotape

Scientology has long been criticized for using litigation to wear down anyone who challenges or investigates its church. Now, Gawker and other sites found themselves the recipients of threatening letters not to show the video, which contains a rather odd interview with Cruise in a frenzy over Scientology and its powers. The claim of copyright infringement and criminal violations appears a scare tactic given the newsworthy content of the video. While some sites immediately buckled under the pressure, Gawker has taken a public and defiant stance against Church. While Scientology founder L. Ron Hubbard told his supporters that litigation is meant to harass enemies not win cases, this is one first amendment fight the Church may want to avoid. Continue reading “Scientology Lawyers Go After Bloggers and Sites Featuring Bizarre Cruise Videotape”

The Spin Begins: House Leaders Offer Rogue Employee Theory for CIA Torture Tape Destruction

For weeks, there has been a concerted effort in both Congress and the White House to contain the scandal over the CIA torture tapes, while giving the impression of a serious effort to investigate. This week’s House Intelligence hearing seemed to confirm the worst suspicions along these lines as both Democrats and Republicans offered a rogue employee theory to explain the destruction — and in the process, relieve themselves and the Administration of serious blame. Continue reading “The Spin Begins: House Leaders Offer Rogue Employee Theory for CIA Torture Tape Destruction”

DEA Agents Sue for Defamation Over Denzel Washington’s Film “American Gangster”

In a rare defamation action, a group of retired federal drug enforcement agents are suing NBC Universal, alleging that the movie “American Gangster” falsely portrayed them. In the film starring Denzel Washington, the agents are portrayed as the bad guys in the story of a Harlem heroin trafficker. The former agents are seeking $50 million in damages plus profits from the film, including punitive damages. NBC Universal seems to be making matters worse for themselves by alternatively claiming that the story is based of fact or completing fictional. Continue reading “DEA Agents Sue for Defamation Over Denzel Washington’s Film “American Gangster””