Category: Lawyering

Criminal law, International, Lawyering, Media, Society

A Wake Up Call For Good Morning America Or Just Another Fall From Grace?

I have previously discussed my views about Nancy Grace and her genre of legal commentary. (here and here and here and here and here and here and here and here and here and here and here). This week Grace is being mocked for another controversial appearance on Good Morning America where she shouts “porn” repeatedly in an interview on the the Oscar Pistorius murder trial. She was appearing with ABC legal analyst Dan Abrams and appears upset that neither the anchor nor Abrams want to talk about porn as opposed to the developments in the case.

Continue reading “A Wake Up Call For Good Morning America Or Just Another Fall From Grace?” →

Criminal law, Lawyering, Society

From Criminal Counsel To Mafia Moll: Arizona Lawyer Sentenced For Crimes With Gang Leader Husband (and Client)

carmenlynnfischergarciaCarmen Lynn Fischer Garcia, a Phoenix defense attorney, has pleaded guilty and received a three year prison sentence for crimes that seem to come right out of an episode of “Sons of Anarchy” or “Breaking Bad.” Fischer admitted to helping a gang move money and served as a conduit for passing information between jailed and street members. She admitted to be a “ruca” or female associate to the gang and assisting Angel Garcia from December 2007 to July 2013 in moving money and transmitting messages from prison. She marry Garcia in July 2011, though the FBI insisted that Garcia was feigning affection.

Continue reading “From Criminal Counsel To Mafia Moll: Arizona Lawyer Sentenced For Crimes With Gang Leader Husband (and Client)” →

Constitutional Law, Courts, Lawyering, Society, Torts

A Question of “Donning and Doffing” or Just Dumbing Down? Posner Rejects Workers’ Appeal Citing Videotaped “Experiment” By Court Staff Disproving Key Allegation

US-CourtOfAppeals-7thCircuit-SealposnerDespite my great respect for Seventh Circuit Judge Richard Posner (whose brilliant writings on legal theory have shaped much of modern jurisprudence), I have recently had occasion to criticize his conduct on the bench (here and here). I am afraid that an opinion this week raises yet another troubling example of poor judgment by Posner. In an opinion in Mitchell v. JCG Industries and Koch Foods, Posner included an account of an experiment by court staff that tested a core factual issue presented by the Plaintiffs — the time needed to change into work clothes. The reliance — to any degree — on such an experiment violates core rules of appellate review and is correctly identified by fellow Seventh Circuit judge Diane Wood as a highly disturbing element to the decision supporting the company. What is odd is that this experiment with “donning” and “doffing” only undermined an otherwise well-considered opinion (even though many would still disagree with its conclusion).

Continue reading “A Question of “Donning and Doffing” or Just Dumbing Down? Posner Rejects Workers’ Appeal Citing Videotaped “Experiment” By Court Staff Disproving Key Allegation” →

Free Speech, Justice, Lawyering, Military, Politics, Society, Torts

City of Oakland agees to settle with Marine vet Scott Olsen for $4.5 million.

by Charlton “Chuck” Stanley, Weekend Contributor

115px-CA_-_Oakland_PoliceThe city of Oakland has entered into an agreed order to pay former Marine and two-tour Iraq war veteran Scott Olsen $4.5 million. This is, as lawyers say, “to make him whole.” Unfortunately, Scott will never be whole again. The night of October 25, 2011 he was shot in the head by a police officer using a shotgun loaded with a “non-lethal” beanbag. Upon being hit, the former Marine went down like a sack of potatoes. His skull was fractured, he was bleeding heavily and his neck was broken.
Continue reading “City of Oakland agees to settle with Marine vet Scott Olsen for $4.5 million.” →

International, Lawyering, Society, Torts

“Give Me All Your [Money]”: NFL Demands $15.1 Million From M.I.A. for Profane Displays At 2012 Super Bowl

170px-Mia20061200px-Super_Bowl_29_Vince_Lombardi_trophy_at_49ers_Family_Day_2009You may recall that we discussed the scene in the 2012 Super Bowl when pop star Mathangi “Maya” Arulpragasam (AKA M.I.A.) flipped the bird and sang “I don’t give a shit” while performing the song “Give Me All Your Luvin'” with Madonna. Personally, I did not like it, though I am often in the minority in objecting to inappropriate conduct at such events by players or performers. I thought it was immature and vulgar and inappropriate for the millions of kids watching the show. It was a lapse that occurred in a flash and was probably not noticed by many viewers. My kids however say it as did I. It was a stupid and thoughtless addition by M.I.A. to the show. It now appears that the National Football League (NFL) felt the same way and has not forgotten the violation. They are demanding compensation from M.I.A. and estimate the cost at $15.1 million in restitution.

Continue reading ““Give Me All Your [Money]”: NFL Demands $15.1 Million From M.I.A. for Profane Displays At 2012 Super Bowl” →

Academia, Constitutional Law, Criminal law, Lawyering, Politics

Ohio Student Expelled, Arrested, Jailed For 13 Days . . . After A Small Pocketknife Is Found In His Locked Car Trunk By School Officials

jordan-wiser-e1394634913232Jordan Wiser, a student at Ashtabula County Technical School in Jefferson, Ohio is rightfully confused after being being arrested for bringing a weapon into school. The “weapon” was a pocket knife that he had in his EMT medical vest . . . that was locked into the truck of his car. That’s right, in the latest example of the insane application of zero tolerance rules, the school officials called police after searching the trunk of a locked car to find a pocket knife used by a senior in his work as a EMT. He was then fed into a legal system that refused to show discretion in his prosecution. Notably, prosecutor Harold Specht ran for office based on a pledge that he would maintain a “hardline, zero tolerance policy” as a prosecutor. It was the perfect storm for Wiser: zero tolerance administrators handing a student over to a zero tolerance prosecutor. But it gets worse . . .

Continue reading “Ohio Student Expelled, Arrested, Jailed For 13 Days . . . After A Small Pocketknife Is Found In His Locked Car Trunk By School Officials” →

Congress, Constitutional Law, Courts, Justice, Lawyering, Politics, Supreme Court, Uncategorized

The United States Supreme Court of the Chamber of Commerce

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

This session the record is 7-1.  Since October of 2011, the record is 28 wins and 4 losses. That is a record that any team would be proud of and evidence of a significant amount of work and effort to improve its performance on the court.  However, I am not talking about any particular basketball team currently involved in March Madness and the upcoming NCAA Men’s Basketball tourney.

I am talking about the record a team called The United States Chamber of Commerce has in cases it has argued or filed a brief in front of the Supreme Court.  Even Coach K or Coach Izzo would be jealous of that record. Continue reading “The United States Supreme Court of the Chamber of Commerce” →

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

CIA Acting General Counsel Accused Of Attempted Intimidation Of Staffers Investigating His Role in Alleged Torture Program

225px-dianne_feinstein_official_senate_photoCIAWe have previously discussed the irony of Senator Dianne Feinstein expressing outrage over the fact that her staff was subject to warrantless CIA surveillance. Feinstein’s outrage over the spying on her staff is only matched by her lack of outrage over the spying on the rest of America. However, she does have an good point to raise with regard to the role of one lawyer who seems to be dancing along the edge of both ethical and legal standards. He is the acting CIA general counsel Robert Eatinger who is believed to have played a large role in the programs and actions under investigation. Eatinger is well known to civil libertarians as someone involved in past abuses by the agency.

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Columns, Congress, Constitutional Law, Courts, Criminal law, Free Speech, Lawyering, Media, Politics, Society, Supreme Court

THE FOURTH ESTATE: FIFTY YEARS AFTER NEW YORK TIMES V. SULLIVAN

220px-Nytimes_hqSupreme CourtBelow is a longer version of my column that ran today in USA Today. The column was originally written for a longer format but had to be reduced to fight the page. The column looks at state of the Fourth Estate on the 50th anniversary of the decision in New York Times v. Sullivan. I do not wish to understate the threat against the media in 1964 but it is hard to overstate the threat against the media in 2014.

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Criminal law, Lawyering

Louisiana’s Longest Serving Death Row Inmate Found To Be Innocent Of Murder . . . Thirty Years After His Conviction

bildeMany people who are not opposed to the death penalty per se still favor its elimination out of concerns with the accuracy and fairness of our criminal justice system. Those concerns will only be magnified this week with the release of Glenn Ford, who was found to be entirely innocent of the murder of Watchmaker and jeweler Isadore Rozeman in 1983. Prosecutors spent decades fighting appeals but recently threw in the towel and admitted that he was not the man who killed Rozeman. Ford, now 63, had been convicted by an all-white jury despite the lack of a single witness or forensic evidence directly linking him to the murder.

Continue reading “Louisiana’s Longest Serving Death Row Inmate Found To Be Innocent Of Murder . . . Thirty Years After His Conviction” →

Animals, Courts, Lawyering

Pennsylvania Officer Seeks Continuance Based on Death Of His K9 Partner . . . Judge Declares Reason To Be Invalid And Dismisses Drug Case

getimage.aspxThere is a disturbing story out of Folcroft, Pennsylvania where Senior Magisterial District Judge Horace Z. Davis refused a prosecutor’s repeated request for a continuance in a drug case because of the death of “Umberto,” the K9 partner of Folcroft police Cpl. Christopher Eiserman. Eiserman was mourning the loss of his companion (who had hip dysplasia and arthritis) but Davis ruled that it was no basis for a continuance.

Continue reading “Pennsylvania Officer Seeks Continuance Based on Death Of His K9 Partner . . . Judge Declares Reason To Be Invalid And Dismisses Drug Case” →

Criminal law, Lawyering, Media, Society

Pittsburgh Attorney Promises In Ad To “Think Like A Criminal” And Return Felons To Lives Of Crime

article-0-1C1E230600000578-419_634x471We have previously discussed the growing number of legal advertisements that degrade the profession with cheap pitches that would make a used car salesperson blush. That latest example (below) is from Pittsburgh attorney Daniel Muessig. The advertisement is clearly tongue-in-cheek but in the end I find it less than comical. Muessig promises to help felons get back to crime and proclaims that he “think like a criminal.” It fulfills the worst stereotypes of criminal defense lawyers as felons are shown committing crimes and saying “Thanks, Dan.” Muessig may have a skill for thinking like a criminal but he clearly has yet to master the talent of thinking like a lawyer.

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Constitutional Law, Courts, Free Speech, Lawyering

“Geauxjudge”: Arkansas Judge Withdraws From Appellate Race After Being Outed As Anonymous Poster

article-charlize8n-5-0307There is an interesting controversy in Arkansas where Circuit Judge Mike Maggio was revealed as an anonymous commenter known as “geauxjudge.” After being outed from online sites, Maggio apologized and withdrew from a race for the appellate court. The controversy however raises the question of whether such comments should be a subject for ethical discipline and whether judges should have the right to comment anonymously on such sites.

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

Predicting Crime and Criminals — “Minority Report” Or Good Policing?

By Mark Esposito, Weekend Contributor

Caught By Computer? Scotty Patterson
Caught By Computer? Scottie Patterson

Lucky or just good? That’s what police in Madison, Wisconsin are wondering after crime analyst,  Caleb Klebig, successfully predicted the date and time of Scottie T. Patterson’s, 28, latest and last bank heist. Using data from other similar robberies, Klebig estimated that the then unknown Patterson would hit his next bank on a Wednesday or Thursday between 2 and  7 p.m. He narrowed the field of potential targets to five banks in greater Madison. Police staked out the banks and, sure enough, Patterson arrived right on cue at  2:40 p.m. on Wednesday.  Confronted by the seemingly omniscient detectives while exiting the bank with the loot, Patterson made a break for it but was captured behind a nearby shopping center. Continue reading “Predicting Crime and Criminals — “Minority Report” Or Good Policing?” →

Criminal law, Lawyering, Society

Oklahoma Attorney Arrested At Prison For Allegedly Smuggling In Sex Toy In Bizarre Fee Trade

w300-s_204959a62524153f48be1bdf0c28c639Oklahoma City attorney, Frank Kirk, 70, is looking at a likely disbarment after his arrest in a bizarre discovery in the Oklahoma City Jail. Kirk is accused of smuggling in a sex toy for a female prisoner to use in exchange for his legal representation. He is now charged with possession of contraband and multiple counts of offering to engage in an act of lewdness. What is interesting is that one of the most serious charges is not his sneaking in a vibrator or the sexual acts but the cellphone that he had with him. It is a felony to bring a cellphone into a prison interview room. What is particularly distressing is that this alleged act of depravity is now the basis for proposed changes limiting counsel and expanding searches. This is a case that by any measure is bizarre and grotesque. It does not reflect either the criminal defense bar and makes for a poor basis for rewriting interview policies in my view. Notably, this was a sting operation so the prison was made aware of the violations and audio taped the encounter.

Continue reading “Oklahoma Attorney Arrested At Prison For Allegedly Smuggling In Sex Toy In Bizarre Fee Trade” →