Category: Lawyering

The Myth of Black Freedom in the U.S.

Submitted by: Mike Spindell, guest blogger

417px-Frederick_Douglass_portraitTo some of us the transition from slave to citizenship by those Africans brought in chains to these shores for economic exploitation and horrific abuse ended with the “Emancipation Proclamation”. To others its’ end might have been marked by “Brown v. Board of Education”, or by the 1964 Civil Rights Act. Those of somewhat more insightful bent may have said that the true emancipation occurred when Barack Obama was elected President in 2008. In my view, as much of an impact as all those milestones (and more such as Jackie Robinson i.e.) made to American consciousness, Black people in the United States clearly still lack the benefits and rewards of citizenship. I would go further and say that in the United States, at this time; most Black people still suffer the degradation and challenges brought about by both institutional and emotional racism. This is not to say that in our country other groups, such as Latino’s and Native Americans are free of oppressive prejudice, but to assert that given their history in this country Black people are slotted into the bottom of the economic and social ladder and are still struggling to obtain even those most minimal of rights that most Americans see as their birthright. Continue reading “The Myth of Black Freedom in the U.S.”

Virginia Prosecutor Sanctioned For Sending Paralegal As Spy Into Opposing Counsel’s Office

Tony_Spencer-113x150Commonwealth’s Attorney Anthony G. “Tony” Spencer of Caroline County seems to view “paralegal” to mean “extralegal.” The Virginia State Bar disciplines Spencer this week with a public reprimand after sending a paralegal undercover to spy on an attorney to discredit a statement he made in court.

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Lindsay Lohan Plays Henry VI: First Thing I’ll Do Is Kill My Lawyer

Lindsey Lohan appears to be practicing method acting for the role of the Butcher in Henry VI who proclaimed “The first thing we do, let’s kill all the lawyers.” Lohan was captured by TMZ muttering to her lawyer to shut up and badgering him while he tried to defend the serial celebrity defendant. She punctuated her court commentary with “Oh my god, I’m going to kill you.”

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Florida Lawyer Appears Twice In Publication With DUI Mugshot And DUI Counsel Advertisement

ASO13JBN002284-200x240This is not the advertising that Thomas Lewis Edwards was looking for in placing the ad for his firm. Edwards, a DUI lawyer, had his recent mug shot posted next to his law firm advertisement. You guessed it: he was arrested for DUI.

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Shackling Our Wisdom With Rules

By Mark Esposito, Guest Blogger

wisdomIn Maryland, a seven-year-old boy is suspended from his school under its “zero tolerance” policy because he nibbles a pastry into the shape of a handgun and says “Bang!” “Bang!” (Here).  In California,  a high school principal refuses to let an ambulance come onto a football filed to tend to a seriously injured player citing school board rules. (Here). A nurse at a home for the aged ignores the furtive pleas of a 911 dispatcher and refuses to perform CPR on a woman dying of cardiac arrest because she says its policy not to do it.  (Here). She won’t even get someone else to do it.

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New Mexico Judge Resigns Amid Allegations of Sextexting and Misconduct

220px-William_Ballantine_Vanity_Fair_5_March_1870_(crop)It appears some things do not stay in Vegas. State District Judge Eugenio S. Mathis, 58, of Las Vegas, N.M., has resigned from the bench after being accused of sextexting his wife from the bench as well as other alleged misconduct. He has also agreed never to hold a judicial position again.

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Georgia Public Defender Charged With Keeping Found Diamond Ring

12017533Georgia Public Defender, Alexia Dawn Davis, 31, has found herself facing a relatively rare charge for failing to take steps to return a diamond ring that she found in a parking lot. Davis is charged with theft of lost or mislaid property after she kept the ring for two weeks before taking it to the police in Augusta.

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Minnesota Lawyer Suspended And Criminally Charged In Elaborate Alleged Swindle Involving Dead Client

Mugshot Processed -Minnesota lawyer Linda Ann Brost, 61, is under arrest this week after being suspended from practice and charged with theft by swindle, two counts of identity theft, and aggravated forgery after allegedly posing online and in letter as a deceased client to bilk his estate. A friend and beneficiary of the deceased raised the first alarm over Brost’s conduct.

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15,000,000

This morning, our blog passed our 15,000,000 viewers. Since just a few weeks ago that we passed the 14,000,000 mark, it is obvious that the blog continues to grow at an impressive rate. We continue to rank in the top ten most viewed legal blogs in the world and I would like to think that our civility policy adds to the appeal of the blog for new viewers.

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Brooklyn Prosecutor Given A Reduced Charge and Just 10 Days of Community Service After Strangling EMT Worker

100px-Seal_of_Brooklyn,_New_York.svg250px-Brooklyn_Bridge_PostdlfMany emergency medical workers were visibly upset after prosecutors reduced charges for Michael Jaccarino, a prosecutor in the Brooklyn district attorney’s office, who attacked a female EMT in a drunken rage. Jaccarino was given just a 10 day community service sentence for his guilty plea to assaulting the ambulance worker while he was being taken to a hospital. Prosecutor Sherita Walton insisted that his drunkenness was a complete defense to intent since it was not clear if he actually intended to hurt the victim,Teresa Soler. EMT workers cried foul and suggested that prosecutors were being far more lenient on one of their own in the plea arrangement. We previously discussed the case.

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American Lawyer Charged With Forgery Over False Professional Claims Before London Court

220px-Advokat,_Engelsk_advokatdräkt,_Nordisk_familjebokGeorgetown graduate Soma Sengupta may have been undone by sheer vanity. Sengupta had secured a position practicing in London based on a series of false documents and claims of her professional and educational history. However, it was her claim to be eight years younger than she is that caught the eye of a female clerk. The clerk raised the alarm over the misrepresentation and soon discovered the application to practice in England was riddled with false documents, including a letter of recommendation signed by Professor Robert Drinan a year after his death.

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Down In The Valley VI: The Paterno Family’s Report On The Freeh Report [UPDATED]

By Mark Esposito, Guest Blogger

Author’s note: This is the sixth installment in a series about the child sexual abuse scandal at The Pennsylvania State University that helped bring down iconic football coach Joe Paterno and three top officials at the premier public college in Pennsylvania.  

a-paterno-sanduskyThe Paterno family has released their long unawaited report critiquing the Freeh report entitled appropriately, CRITIQUE OF THE FREEH REPORT:  THE RUSH TO INJUSTICE REGARDING JOE PATERNOCommissioned by the family through the mega-law firm of King & Spalding, the report on”The Freeh Report” (sometimes called the Special Investigative Counsel’s (SIC) report) predictably castigates Former FBI Director Louie Freeh for using “Rank speculation.  Innuendo.  [and] Subjective opinions.” to form the basis of his conclusion that Papa Bear Paterno knew quite a bit more about Jerry Sandusky’s sexual proclivities than he let on and actively participated in a cover up of monumental proportions. In contrast, Joe Paterno is pictured as a fine man undone by an unfair, inaccurate report that read more like  “an indictment” cooked up with the “unchecked power of a prosecutor, and [that] delivered unsupported but headline grabbing theories as fact.”

The wake from the scandal has toppled one university president, the athletic director, and an athletic department that  rode football like a bucking horse. The key points made by the Paterno family lawyers are that:

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Bill Maher’s Gambit Or Why Donald Trump Loves Lucy

By Mark Esposito, Guest Blogger

The Contract From Lucy v. Zehmer
The Contract From Lucy v. Zehmer

Bill Maher’s caustic but hilarious shtick may have landed him $5 million dollars worth of trouble. Appearing on Jay Leno’s The Tonight Show, the comic best known for his HBO series, Real Time With Bill Maher, laughingly “offered” a cool 5 extra-large to charity if  perpetually hair-challenged, right-wing real estate mogul, Donald Trump, publicly  coughed up his birth certificate. Saying he was reasonably sure that Trump was the “spawn of his mother having sex with orangutan,” Maher asked to see the document then pledged to pay five charities of  The Donald’s choosing. Trump, who is no stranger to “birther” strategies, had famously offered to pay the exact sum to charity if President Obama produced his college records and passport application.

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Eye For An Eye Argument? Mistrial Declared After Victim’s False Eye Pops Out While On The Stand

220px-ScleralLens1This is a problem that you don’t encounter everyday in court. Matthew Brunelli, 23, is being prosecuted for aggravated-assault for allegedly punching John “Big Red” Huttick so hard in the left eye during a bar fight in August 2011 that the eye had to be surgically removed. Big Red was on the stand tearfully recounting the fight when his glass eye popped out and he caught it in his hand in front of jurors. Common Pleas Judge Robert P. Coleman granted a defense motion for a new trial given the expected prejudice caused by the scene against Brunelli.

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Nun-Sense: Federal Judge Dresses Up As Nun To Refute Defense Argument And Convict Bank Robber

kennellyphoto48006U.S. District Judge Matthew Kennelly appears to be pushing the limits of judicial notice this week. Kennelly found a defendant guilty after dressing up like a nun to see if her theory held water about determining the race of a bank robber in such an outfit.

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