Category: Lawyering

Turley Blog Selected As A Top 100 Legal Blog — Now We Need Your Vote!

The ABA Journal has released its list of the top 100 legal blogs in the world and we are once again in this august group of blogs. Congratulations to all of our regulars contributors and weekend bloggers. This blog’s success is due entirely to the consistently high level of commentary among our readers and, I believe, our commitment to civil and substantive (if at times passionate) dialogue on the legal and political issues of our day. We are again placed in the “opinion” category and facing two of the top five most popular blogs. You can vote at You can vote at this site by clicking on the “opinion” category and we need your vote. A quick registration is needed to prevent cheating in the competition.

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Florida Judge Combines Criminal Sentencing With Weight Loss Offer

Florida Judge Donna Miller is delighted by the results of a novel sentence that she handed down to a 345-pound man jailed for driving with a suspended license. Miller told George McCovery, 37, that she would reduce his time by a pound a day for weight loss. He lost 25 pounds in 20 days and received early release. Miller is one of the judges who has merged justice with the entertainment industry — replaying proceedings on the television show “Lake Courts.” I have previously written about the dangers of such “novel” sentencing in judges using their courtrooms for entertainment or self-aggrandizement. While some judges have been sanctioned for crossing the line in merging judicial with their entertainment careers, Miller appears to be flourishing in the practice.
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The Incarceration of Black Men in America

Submitted by: Mike Spindell, guest blogger

America has the world’s highest rate of incarceration, currently 738 per 100,000. Our nearest competitor for this dubious distinction is the Russian Federation with 607 and Cuba with 487. “The US incarcerates at a rate 4 to 7 times higher than other western nations such as the United Kingdom, France, Italy, and Germany and up to 32 times higher than nations with the lowest rates such as Nepal, Nigeria, and India.”

 http://www.nccd-crc.org/nccd/pubs/2006nov_factsheet_incarceration.pdf                                                                                                                                           Despite possible protestations that this is because we have the best law enforcement, my sense is that the reasons lie more in the system, than those who enforce it. No one ever lost an election in America because of the perception they “were tough on crime”.

“Race: Black males continue to be incarcerated at an extraordinary rate. Black males make up 35.4 percent of the jail and prison population — even though they make up less than 10 percent of the overall U.S population. Four percent of U.S. black males were in jail or prison last year, compared to 1.7 percent of Hispanic males and .7 percent of white males. In other words, black males were locked up at almost six times the rate of their white counterparts.”        http://www.nccd-crc.org/nccd/pubs/2006nov_factsheet_incarceration.pdf

Despite possible protestations that this is because we have the best law enforcement, my sense is that the reasons lie more in the system, than those who enforce it. No one ever lost an election in America because of the perception they “were tough on crime”. “Race: Black males continue to be incarcerated at an extraordinary rate. Black males make up 35.4 percent of the jail and prison population — even though they make up less than 10 percent of the overall U.S population. Four percent of U.S. black males were in jail or prison last year, compared to 1.7 percent of Hispanic males and .7 percent of white males. In other words, black males were locked up at almost six times the rate of their white counterparts.”      

http://www.laprogressive.com/law-and-the-justice-system/boiling-hot-mad/.html

These two sets of statistics when viewed together tell a terrible tale of how racial oppression still exists in this country despite our Black President and Black Attorney General. This Administration hasn’t caused of this problem, but they  don’t seem to have made any progress dealing with it. We do know that there has been a widespread effort to play down the racial division that continues to plague this country. This continues despite Civil Rights Laws, Martin Luther King’s Birthday and TV beer commercials that always include at least one black male friend enjoying the camaraderie. Clearly there is a disconnect between how we Americans want to see ourselves and the reality for many Black males. Continue reading “The Incarceration of Black Men in America”

Special Prosecutor: DOJ Attorneys Cannot Be Charged With Criminal Contempt Because They Were Not Ordered To Comply With Legal and Ethical Rules

The Justice Department is infamous for conducting long investigations of its own attorneys and finding no grounds for criminal charges as in the dubious investigation of attorneys involved in the torture program. Now, a special prosecutor has found that (surprise) there is no basis for criminal charges against Justice Department officials who concealed evidence in the prosecution of former U.S. Sen. Ted Stevens in open contempt of court. The reason is something only found plausible in the Justice Department’s review of its own conduct: U.S. District Judge Emmet Sullivan failed to order them not to conceal evidence and comply with ethical rules. I kid you not.
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Trying High-Profile Cases: Today’s ABA Discussion

This afternoon, I will participating in a discussion of “Trying High-Profile Cases” with David Bois as part of the American Bar Association’s Annual Conference (CLE Premier Speaker Series Webinar). The conference also include federal judges Barbara M. G. Lynn
(Northern District of Texas) and Gene E. K. Pratter (Eastern District of Pennsylvania) and leading litigator Randall M. Kessler. It will start at 1:00 p.m. (ET).
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Let’s Kill All The Lawyers?

Submitted by Mike Spindell, Guest Blogger
Last week during a long road trip, I was listening to a CD from the band The Eagles. A song came on written by Don Henley and Glenn Frey the group’s songwriters and leaders. The song is called “Get Over It”. As the autumn beautiful Shenandoah Valley landscape was passing by, a line from the song jarred me from my motoring reverie and made me think of this blog. The line was:

“The more I think about it, Old Billy was right
Let’s kill all the lawyers, kill ’em tonight.”
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Mespo’s Approbo Non Reprobo: Virginia Court Reaffirms Approbating and Reprobating Rule In Victory For Turley Blogger

If any of our regular readers received the Virginia Lawyer’s Weekly, they would have spotted a familiar name in a recent notable case. Mark Esposito, one of our esteemed Guest Bloggers, featured prominently in the case — showing that he is as talented in the legal sphere as he is in the blogosphere. He won in the clever use of the doctrine of quod approbo non reprobo. It might be easier in the future for court to just call it “a Mespo” claim. The case is Womack v. Yeoman (VLW 011-8-207)
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Should Kagan Recuse Herself From The Health Care Case?

We have previously discussed the question of recusals involving Justice Clarence Thomas and his violation of reporting rules on the Court. Now, a similar debate is likely to start over the participation of Justice Elena Kagan in any review of Patient Protection and Affordable Care Act. The loss of Kagan could be determinative in a close vote on the Court, but that is always the danger in selecting your Solicitor General as a nominee. While Kagan used the announcement of cases on Monday to recuse herself for other cases, she notably did not include the Florida case.
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Thinking Twice About Mr. Wood

By Mike Appleton (Guest Blogger)

The sexual harassment controversy currently surrounding the Herman Cain campaign has produced the expected responses.  The candidate has vigorously denied all of the accusations and his defenders have hurled  a few of their own, alternately blaming both Republican rivals and Democrats for the scandal and questioning the motives and veracity of the alleged victims.  The accounts of the women who have come forward have been truly disturbing, but what is almost as disturbing are the public statements of Mr. Cain’s newly retained attorney, Lin Wood.

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ABA Journal Under Fire For Coverage Of Survey Of Legal Secretaries

I often read ABA Journal as a great source of legal stories. The journal however has been the center of controversy this month after reporting on the results of a study on the preference of secretaries vis-a-vis male and female partners. The study by Professor Felice Batlan interviewed 142 secretaries at larger law firms and produced a surprising result: not a single secretary preferred female partners. When the ABA Journal reported that surprising fact, professors accused it of fostering gender stereotypes, misrepresenting the results of the study, and displaying a sexist view of the work. Some demanded a retraction and apology from the ABA Journal.
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Richmond, VA Photographer Arrested For Trespass on Public Street

Submitted by Mark Esposito, Guest Blogger

Richmond, Va photographer, Ian Graham, must be wondering where he was this past Monday as he was arrested by local police for trespassing on a city street. Graham, who was photographing police arresting demonstrators in the Occupy Richmond protest, was told by police he was trespassing as he politely stood near a public crosswalk  recording the goings on with his camera. Police claim they told Graham he could take photos but only in the designated “media area,” which was, of course, far from the scene of the arrests.

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Texas Judge Under Investigation After Daughter Releases Video of Savage Beating

County Court-at-Law Judge William Adams has become an Internet sensation, but not in a good way. A video was posted that purportedly shows the judge beating his disabled teenage daughter. Now, the YouTube video has triggered a formal investigation. The 2004 beating by the judge was reportedly due to her use of the Internet without his permission. The daughter leaked the video entitled “Family law judge beats own daughter for using the internet, please spread” to expose what she says is her father’s untreated “problem.” The daughter who has cerebral palsy was caught downloading music.
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The Bumble Defense: Man Claims Prostitute Transformed Into Donkey During Sexual Encounter

A court in Zimbabwe had a true Mr. Bumble moment when a man accused of sex with a donkey mounted a unique defense: Sunday Moyo insisted that he had hired a prostitute and she transformed into a donkey during the sexual encounter.
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Three Strikes and You’re Out [of Lawyers]: Judge Rules That Violent Defendant Must Represent Himself

For Joshua Monson, it appears that the court has finally run out of pencils and he has run out of lawyers. Monson has stabbed three prior lawyers with pens or pencils. Now, Snohomish County Superior Court Judge David Kurtz (left) has ruled that he has forfeited his right to counsel and must represent himself.
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Did Cain Trip The Wire? Attorney Suggests Breach of Confidentiality Agreement

There is an interesting legal question at the heart of the still unfolding scandal over whether Republican Presidential contender Herman Cain engaged in sexual harassment. Women accusing Cain were reportedly given a settlement with a gag provision — a common element to such settlements.

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