Category: Lawyering

Jurors Allege Racism and Coercion in Murder of Fashion Writer Christa Worthington

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”

Dallas County Expands Its Dubious Record of the Most Wrongly Accused Individuals Cleared by DNA

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 Seek to Drop Britney Spears While One Remains to Try Novel Criminal Defense

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”

Indian Caste System Alleged as Cause of Murder of Family by Father Near Chicago

The Indian caste system is known to cause violence in India, but a multiple murder case near Chicago has raised the specter of such violence in the United States. Prosecutors say Subhash Chander, an immigrant from India, used gasoline to burn alive his pregnant daughter, son-in-law and their child because he believed that his daughter married beneath her class. Continue reading “Indian Caste System Alleged as Cause of Murder of Family by Father Near Chicago”

Tennessee Judge Resigns After Sexually Deviant Tape is Disclosed

Tennessee judge John B. Hagler has resigned in a bizarre scandal over a tape that reportedly records him enrages in violent and disturbing sexual fantasies. While everyone is calling for the tapes release, however, it is worth considering who released a tape that was found not to be evidence of a crime and protected by privacy. After all, Hagler is entitled to his own private fantasies so long as he does not hurt anyone else or commits a crime. Continue reading “Tennessee Judge Resigns After Sexually Deviant Tape is Disclosed”

Justice Department Opens Formal Criminal Investigation — Finds Credible Allegations of Criminal Conduct in CIA Tapes Scandal

After completing an initial inquiry, tthe Justice Department has decided to open a full criminal investigation into the 2005 destruction of CIA tapes showing the interrogation of two Al Qaeda suspects. The finding of a basis for possible criminal charges is not itself surprising — there are at least six such offenses that were obvious from the outset. Attorney General Mukasey has appointed a U.S. Attorney General to handle the investigation — a disappointing decision not to appoint someone outside the Administration. Continue reading “Justice Department Opens Formal Criminal Investigation — Finds Credible Allegations of Criminal Conduct in CIA Tapes Scandal”

60-Year-Old Sues 7-Year-Old for Skiing Accident In Vail

David J. Pfahler, 60, is suing for $75,000 over a negligent skier who he claims dislocated his shoulder and caused a rotator cuff tear. Sounds like a standard case of a burgeoning number of ski torts. However, the accused in his case is Scott Swimm, a boy who was seven years old at the time. It is only the latest tort case that will explore the liability of a minor. Continue reading “60-Year-Old Sues 7-Year-Old for Skiing Accident In Vail”

Doughnut Thief Spared 30 Years, Receives Five-Year Suspended Sentence Plus 90 days in County Jail

In a nightmare befitting Homer Simpson, doughnut thief Scott A. Masters, 41, was facing 30 years in jail for stealing a doughnut and shoving a store employee. The case produced a national outcry and the court recently sentenced him to a five-year suspended sentence, five years of probation and 90 days in the county jail, including time he has served since Sept. 19. He was released this month. Continue reading “Doughnut Thief Spared 30 Years, Receives Five-Year Suspended Sentence Plus 90 days in County Jail”

Another Juror Comes Forward to Claim Coercion in White Case

Another member of the Long Island jury that found John White guilty of manslaughter in Long Island has emerged to claim coercion or pressure in reaching the verdict. Previously, a white juror in a racially controversial murder case has gone public with a claim that he felt pressured by the judge and fellow jurors to convict John White, a black man found guily of killing a white teen, Daniel Cicciaro. It is a claim that is likely to produce more of a political and social response than a legal response. Instead, the defense is likely to challenge the judge’s instructions in the case. Continue reading “Another Juror Comes Forward to Claim Coercion in White Case”

Federal Court Overturns Verdict Against Holy Land Foundation: Parents Must Show Link Between Fund-Raising and Terrorist Attack that Killed Son

In an important ruling, the Seventh Circuit overturned a $156 million award against the Holy Land Foundation charity for their alleged involvement in the terrorist death of 17-year-old David Boim, an American teenager killed in the West Bank. Continue reading “Federal Court Overturns Verdict Against Holy Land Foundation: Parents Must Show Link Between Fund-Raising and Terrorist Attack that Killed Son”

Police and Prosecutorial Misconduct Leads to Release of Martin Tankleff — 17 Years After the Murder of Parents

It is said that justice delayed is justice denied. For Martin Tankleff, 36, justice was 17 years in coming when an appellate court overturned his conviction of the murder of his parents and ordered a retrial. Regardless of whether Tankleff is guilty or innocent, he clearly was deprived of a fair trial by police and prosecutors. Continue reading “Police and Prosecutorial Misconduct Leads to Release of Martin Tankleff — 17 Years After the Murder of Parents”

Inmate Fights for His Second Amendment Right to Own a Gun

Damon Lucky is hardly the poster boy that the N.R.A. is looking for as the critical constitutional case for the Second Amendment goes to the Supreme Court. As gun owners seek to show that the Second Amendment is an individual right, Lucky wants a federal court to declare that the individual right extends to ex-felons — striking down the common rule that ex-felons lose their right to gun ownership or possession. Continue reading “Inmate Fights for His Second Amendment Right to Own a Gun”

Florida Prosecutors Decide Not to Charge Charge Thief in Deaths of Two Officers Killed by A Fellow Pursuing Officer

The Florida prosecutors made a difficult but correct decision this week in agreeing not to charge Ernie Daley, Jr., 19, for the deaths of two officers who were killed by a pursuing fellow officer. Continue reading “Florida Prosecutors Decide Not to Charge Charge Thief in Deaths of Two Officers Killed by A Fellow Pursuing Officer”

Juror in John White Case Claims Coercion From Judge and Jurors was Responsible for Changing His Vote to Guilty

In a remarkable development, a white juror in a racially controversial murder case has gone public with a claim that he felt pressured by the judge and fellow jurors to convict John White, a black man found guily of killing a white teen, Daniel Cicciaro.  It is a claim that is likely to produce more of a  political and social response than a legal response.  If the juror, Francois Larche, yielded to such pressure he failed to uphold his oath and will have little recourse in trying to take back his vote.  Continue reading “Juror in John White Case Claims Coercion From Judge and Jurors was Responsible for Changing His Vote to Guilty”