Category: Lawyering

Academia, Bizarre, Courts, Free Speech, Lawyering, Media, Society

Grace Under Pressure: Bullied Teen Christian Stanfield Fights Back

By Mark Esposito, Weekend Contributor

Author’s Note: Grace Under Pressure is an ongoing series of posts honoring everyday people who courageously make positive differences in their own lives and consequently in the lives of others. It is my own personal affirmation that unexpected heroes live among us and that their service is quiet but unshakable proof that virtue really is its own reward  – and ours, too.

christian-stanfieldA Pittsburgh area teen thought he was doing the right thing to end his bullying but his audio recording of the abuse only resulted in criminal charges for wiretapping. Sophomore Christian Stanfield had endured a miserable school year at the hands of  two classmates who tripped, shoved and even attempted to burn the 15-year-old with a cigarette lighter. Pleas for help to his teacher went unheeded for the teenager who suffers from comprehension delay disorder ( a brain disorder involving slower processing speed for information than is normal) ADHD, and an anxiety disorder. So last month Christian decided to get the proof he needed to make school officials listen. Sitting in his math class, he activated his Ipad as his tormentors launched another verbal fusillade. “”They were talking about pulling his pants down, and some things I can’t repeat, and laughing and cutting up like it was a big joke, it was not a joke, not at all funny,”  said Christian’s mother, Shea Love, who heard the recording at her kitchen table that afternoon.

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Constitutional Law, Criminal law, Lawyering, Media, Politics, Society

Republican Governors Association and The South Carolina GOP Launch Campaign Demonizing Candidate For His Work As A Criminal Defense Lawyer

396240_10150561221141731_1338208520_n220px-Vincent_SheheenWe have recently discussed attacks on lawyers for simply doing their jobs in representing accused individuals. It is truly vile and McCarthyist trend that seeks to punish professional working within our criminal justice system. It is particularly offensive therefore when a large, presumably respectable organization unleashed such an attack. However, that is precisely what the Republican Governors Association has done in the attack ad below against State Senator Vincent Sheheen (left) who is being opposed because he represented people accused of crimes. To its credit, the South Carolina Bar Association has stepped forward to denounce the ad as containing “uncivil, misleading political rhetoric.” It is a shameful and shocking ad that attacks the very notion of due process guaranteed by our Constitution. The ad is designed to help Gov. Nikki Haley in her reelection campaign.

Continue reading “Republican Governors Association and The South Carolina GOP Launch Campaign Demonizing Candidate For His Work As A Criminal Defense Lawyer” →

Congress, Constitutional Law, Courts, International, Lawyering, Media, Military, Politics

Second Circuit Orders Obama Administration To Release Drone Memos On Killing U.S. Citizens

PresObamaUS-CourtOfAppeals-2ndCircuit-SealWhile President Obama ran on a pledge to be the most transparent presidency in history, critics have charged that — as with promises to protect civil liberties and international law — Obama has done precisely the opposite of what he promised. His Administration has radically expanded the national security state while fighting every effort in court to challenge unchecked executive powers, including his successful effort to get Congress to dismiss dozens of public interest lawsuits over surveillance, torture, etc. The latest effort of the Obama Administration was to refuse to release even redacted version of legal memoranda on Obama’s use of drones to kill U.S. citizens. I have previously written about Obama Kill list policy in columns and blog posts. What is interesting is that the Obama Administration shows utter contempt for the federal courts in first claiming that any release of redacted classified legal arguments would endanger national security and then, after the district court yielded to the government, proceeding to discuss the very same information in public when it suited the Administration. The United States Court of Appeals for the Second Circuit finally said enough. The problem is that the district court did not exercise its authority to reject the clearly excessive claims of the government. It is only because the government contradicted itself — not the facially overboard claims made before the district court. The case is New York Times v. United States Department of Justice, 2014 U.S. App. LEXIS 7387. The case highlights the extreme hostility shown by the Obama Administration to both transparency and the media.

Continue reading “Second Circuit Orders Obama Administration To Release Drone Memos On Killing U.S. Citizens” →

Academia, Animals, Bizarre, Congress, Constitutional Law, Courts, Criminal law, Environment, Free Speech, International, Justice, Lawyering, Media, Military, Politics, Society, Supreme Court, Torts

21,000,000

We only recently passed the 20,000,000 mark last February but we just hit 21,000,000, according to WordPress. Congratulations everyone. This has been a banner year for the site with a continuing increase in traffic, links on other sites, and new voices on the blog. These milestones are coming faster and they give us a chance to look at the spread of our regular readers and commentators. As always, I want to offer special thanks for our weekend contributors: Mark Esposito, Eliane Magliaro, Mike Appleton, Larry Rafferty, Charlton Stanley and Darren Smith. The increasing traffic on the site is gratifying and reaffirms that there are many people looking for mature and civil debate. Even among the top ten sites, I believe that we offer a unique forum of different views and backgrounds in the discussion of law and politics (and a few quirky items).

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Congress, Constitutional Law, Courts, Criminal law, International, Justice, Lawyering, Military, Politics, Supreme Court, Uncategorized

The CIA Psychologist Who Designed the Torture Program Claims It Was Not Torture

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Respectfully Submitted by Lawrence E. Rafferty (rafflaw)- Weekend Contributor

We have seen and heard the claims from Donald Rumsfeld and others that the leaked Senate torture report is off base because the enhanced interrogation techniques were not only legal according to the Office of Legal Counsel, but they also produced results.  Putting aside the idea that just because an allegedly illegal act is claimed to have been successful in producing actionable intelligence, does not make it any more legal or illegal, is there a reason why we should listen to the participants who authorized the waterboarding and other torture procedures when they claim that all is well?

Now it seems that Donald Rumsfeld has company.  “In an uncompromising and wide-ranging interview with the Guardian, his first public remarks since he was linked to the program in 2007, James Mitchell was dismissive of a Senate intelligence committee report on CIA torture in which he features, and which is currently at the heart of an intense row between legislators and the agency.

The committee’s report found that the interrogation techniques devised by Mitchell, a retired air force psychologist, were far more brutal than disclosed at the time, and did not yield useful intelligence. These included waterboarding, stress positions, sleep deprivation for days at a time, confinement in a box and being slammed into walls.

But Mitchell, who was reported to have personally waterboarded accused 9/11 mastermind Khalid Sheikh Mohammed, remains unrepentant. “The people on the ground did the best they could with the way they understood the law at the time,” he said. “You can’t ask someone to put their life on the line and think and make a decision without the benefit of hindsight and then eviscerate them in the press 10 years later.” ‘  Reader Supported News  Continue reading “The CIA Psychologist Who Designed the Torture Program Claims It Was Not Torture” →

Criminal law, Lawyering

Thin Blue Line: Video Allegedly Disproves the Sworn Testimony of Five Police Officers in Chicago-Area Drug Case

Cops_camera_arrestThere have been a long list of studies and articles on the problem of false testimony by police officers. Most officers that I have met or represented would not testify falsely. However, there is cultural pressure to hold “the thin blue line” to support other officers. That appears what is occurring in a recent scandal out of Chicago. In a Skokie courthouse, five officers (three from Chicago and two from Glenview) took the stand and lied about what occurred in a drug arrest. What is relatively rare is that the prosecutors appear to be seriously considering criminal charges.

Continue reading “Thin Blue Line: Video Allegedly Disproves the Sworn Testimony of Five Police Officers in Chicago-Area Drug Case” →

Lawyering, Politics, Society, Torts

The Bankruptcy Bailout: GM Moves To Block Lawsuits Over Defective Ignition Switches In Bankruptcy Court

150px-General_Motors.svgI recently wrote a column on the expanding scandal over General Motor’s release of the Cobalt and other vehicles with a defective ignition switch that may have killed over a dozen people and injured scores of others. The defect was reportedly found during testing and constituted the perfect storm of negligent designs: it would first shut off the car; cut the steering; and disable the airbags. Mary Barra, the newly appointed Chief Executive Officer of GM, told Congress that GM never puts costs ahead of safety (even though documents show GM pricing out the fix and rejecting it as too expensive). Now Barra and GM have quietly asked a federal court to protect it from product liability lawsuits due to its bankruptcy. It is like a second bailout from the government — this time through the courts — so that the company can keep billions in the federal bailout while barring recovery of billions for deaths and injuries caused by the company.

Continue reading “The Bankruptcy Bailout: GM Moves To Block Lawsuits Over Defective Ignition Switches In Bankruptcy Court” →

Criminal law, Lawyering

New York Judge Declares Mistrial After Prosecutor Claims Defendant Tried To Run Her Down . . . Later Video Disputes Account And Defendant Was Not In The Car

gavel2Erie-County-SealErie County District Attorney’s Special Victim’s Bureau Chief Roseanne Johnson appeared recently in court with an alarming report. She told the judge in the midst of jury selection for a rape trial that she had a statement to read from Assistant District Attorney Kristi Ahlstrom. Ahlstrom informed that court that the defendant, William Payne, 48, had tried to kill her by running her over in the street. Johnson denounced the attack as an effort to intimidate the prosecutors who were in the jury selection process for the rape trial. A mistrial was declared. The problem is that Payne was not in the car and a video tape of the street contradicts the account of Ahlstrom. Yet, the trial was halted, Payne was held in jail for seven days pending investigation, and there is no indication of any discipline for the prosecutor.

Continue reading “New York Judge Declares Mistrial After Prosecutor Claims Defendant Tried To Run Her Down . . . Later Video Disputes Account And Defendant Was Not In The Car” →

Courts, Criminal law, Lawyering, Media, Politics, Society

Dallas Judge Bars Attorney From Appearing In Shorts Due To A Large Leg Brace After Knee Surgery

ccc5Dallas attorney James Lee Bright faced a dilemma: he had to appear in court but he recovering from knee surgery with a large leg brace and an ice machine attached to his leg to stop swelling. He could not fit his pants over the hardware so he wore a shirt, tie, jacket, and shorts. That did not go over well with Judge Etta Mullin (left) who refused to hear his motion to dismiss a weapons charge for a client because he was wearing shorts. It was a rather unsympathetic and inflexible decision but it was not the first for this particular judge. However, it is the mounting criticism of Mullin that raises the question of why the Democratic party has pushed for her reelection and why the state bar has not investigated allegations of injudicious conduct.

Continue reading “Dallas Judge Bars Attorney From Appearing In Shorts Due To A Large Leg Brace After Knee Surgery” →

Constitutional Law, Courts, Lawyering, Media, Society, Torts

A’Peel Gone Bad: Posner Dismisses Case Of The “Banana Lady” And Suggests Bar On New Filings Pending Payment of Outstanding Fees

220px-Banana_(partially_peeled)220px-Richard_posner_harvardzJudge Richard Posner has crushed the appeal of Catherine “Banana Lady” Conrad who sued for copyright infringement over the publication of her photograph in her costume after appearing at parties for children. Posner not only dismissed her case, he encouraged a lower court to bar her from new filings and published a picture as part of the opinion. The picture is now part of an official opinion and court record. As discussed below, The Banana Lady fared much worse than did The Human Cannonball in an earlier analogous case brought under the common law as opposed to copyright.

Continue reading “A’Peel Gone Bad: Posner Dismisses Case Of The “Banana Lady” And Suggests Bar On New Filings Pending Payment of Outstanding Fees” →

Bizarre, Constitutional Law, Courts, Criminal law, Lawyering, Society

Ohio Judge Sentences “Bully” To Wear Demeaning Sign In Public

bully-2-e1397330995935article-2603196-1D0E0E1500000578-133_634x819We have previously discussed the use of shaming punishments by judges around the country — a practice that I have previously denounced in columns and blog postings. I discussed a new case this week on BBC involving Edmond Aviv, 62, in South Euclid, Ohio. Aviv pleaded no contest to a misdemeanor disorderly conduct charge. Aviv, 62, had been feuding with his neighbor for 15 years, particularly over the smell of her dryer vent when she did laundry. He retaliated by hookup up kerosene to a fan to blow the smell on to the property of Sandra Prugh. Municipal Court Judge Gayle Williams-Byers (left) decided to impose her own brand of justice and ordered him to demean himself in public and wear a signing reading “I AM A BULLY! I pick on children that are disabled, and I am intolerant of those that are different from myself. My actions do not reflect an appreciation for the diverse South Euclid community that I live in.” For those of us who view this type of novel or shaming punishment to be unprofessional and abusive, it is Judge Williams-Byers who is in serious need for corrective measures. Indeed, many view judges who entertain the public with shaming sentences to be the ultimate bullies.

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Columns, Lawyering, Society, Torts

Did GM Pull A Pinto?

800px-Chevrolet_Cobalt_LT_sedan250px-Ford_PintoBelow is a slightly expanded version of my column that ran today in the Los Angeles Times on the growing scandal over the defective ignition switches on the Cobalt and other cars produced by General Motors. Just this weekend, it was reported that CEO Mary Barra received a memorandum on a steering problem with the Saturn Ion on a different problem as early as 2011, but did not order an immediate recall. What is now clear is that the company spent years discussing the defect. Two engineers were recently put on paid leave by the company — a move viewed as too little too late by many, including some who want to see criminal charges. Ironically, I have been teaching the Pinto case in my torts class this week and today I will be teaching my new material on the GM Cobalt as an extension of that material.

Some have charged that GM was aware of this defective design before it lobbied the government for a massive bailout in 2009. The government handed over $49.5 billion to the automaker and the public ultimately ate a $10.5 billion loss when our shares in “Government Motors” were finally sold off in 2013. In addition to billions in losses, the public got cars that could put their lives in danger the moment they turned the ignition key.

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Animals, Constitutional Law, Courts, Justice, Lawyering, Supreme Court

Save The Dogs Exception?

By Mark Esposito, Weekend Contributor

Zen Dharma Dog Bite Paralegal in Downtown Los Angeles Law Library Legal Research and Writing Law and Motion_fullMany courts have recognized the so-called emergency aid exception to the Fourth Amendment’s prohibition against  warrantless searches, but the emergency usually had to involve a natural person. Now the highest court in Massachusetts has extended the doctrine to emergency aid in furtherance of animals. In Jan. 2011, Lynn police were called to the home of Heather Duncan based on neighbors’ reports of two dead dogs lying near her locked fence in her backyard. Two officers from the Lynn Police Department arrived and began to investigate the scene. Climbing a nearby snowbank, the officers saw two motionless dogs and another barking weakly.  No food or water was seen and according to the officers, the dogs appeared malnourished and in immediate distress. After trying  unsuccessfully to reach the homeowner, fire officials were called who promptly cut the fence lock and escorted the police onto the property. Two of the animals were indeed dead and the third was starving.

 Ms. Duncan was charged with three counts of animal cruelty. She defended the case based on her claim that the officers had unreasonably searched without a warrant and the fruit of their search was thus unconstitutional. No warrant, no dogs, no case went the defense.

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Lawyering

“Kind of Harsh”: Maine Supreme Court Rejects Law License For F. Lee Bailey

baileyThe Maine Supreme Court yesterday reversed a justice and rejected the bid of famed attorney F. Lee Bailey to obtain a law license in a 4-2 decision. After being disbarred in Florida in 2001, Bailey had moved to Maine. He recently took and passed the state bar and applied for a license. That is no small feat for an 80 year old. A thirteen year sanction would be viewed by many as sufficiently harsh but the Court found Bailey was still insufficiently contrite after he described his disbarment as “kind of harsh.”

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Constitutional Law, Criminal law, Lawyering, Society

Spare the Prison, Spoil the Prosecutor? West Virginia Prosecutor Claims Constitutional Right To Beat Son With Belt

kanawha-county-prosecutor-mark-plantsPreviously, our contributor Charlton Stanley wrote about Kanawha County Prosecuting Attorney Mark Plants in a controversial foreclosure matter. Now, Plants is back in the news as the subject of a criminal case as opposed to the charging prosecutor. Plants is charged with beating his son with a belt and leaving a considerable bruise. He is claiming a constitutional right to such beatings as a parental choice on discipline.

Continue reading “Spare the Prison, Spoil the Prosecutor? West Virginia Prosecutor Claims Constitutional Right To Beat Son With Belt” →