Category: Lawyering

Supreme Court Takes Chicago Handgun Case in Major Test of Second Amendment Rights

easterbrook200px-Sonia_SotomayorThe Supreme Court has accepted a major handgun case, McDonald v. Chicago, that will define the scope of the recently recognized individual right under the Second Amendment. It will also allow new Justice Sonia Sotomayor to vote on the very issue that led to much of the opposition against her in her confirmation.
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Florida Supreme Court Upholds Sanction Against Lawyer Who Called Judge a “Witch” on a Blog

cherylaleman_blog_20071214082343Sean Conway135Florida State bar authorities have fined trial lawyer Sean Conway $1,200 for criticizing Ft. Lauderdale Judge Cheryl Aleman on a blog, including calling Conway an “evil, unfair witch.” We previously discussed this case, here. The ruling is a major blow to free speech and another case of courts or the bar overreaching in punishing lawyers and parties for their criticism of judges. What is particularly interesting is that Aleman has been charged with misconduct by the Judicial Qualifications Commission.
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Court Orders Disbarred Lawyer Locked Out of His Office After He Allegedly Continues to Practice Law

250px-Master_PadlockAllen Feingold had a less than conventional approach to litigation, such as allegedly choking a 74-year-old judge after an adverse arbitration ruling. Now, Philadelphia Common Pleas Court President Judge Pamela Pryor Dembe has ordered that he be locked out of his office to prevent him from continuing to practice law after his disbarment.

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Roman Polanski Arrested in Switzerland

230px-polanskiiffkvWhile justice delayed may be justice denied, but justice appears to have caught up with Roman Polanski — just 31 years delayed. To the surprise of his family and lawyers, Swiss authorities arrested the seventy-six-year-old famous director on the outstanding international warrant.
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Client Fires Orly Taitz and Threatens Bar Complaint Against Her As Judge Explores Sanctions

orly2 Orly Taitz, the lawyer and de facto leader of the “Birther” litigation, has filed a motion to withdraw from further representation of Dr. Connie Rhodes after Rhodes accused her of filing new papers in Rhodes v. MacDonald without her approval and after she agreed to be deployed by the military. Taitz is also facing a possible $10,000 fine from United States District Court Judge Clay D. Land, who previously dismissed the action. Taitz declared in one filing: “This case is now a quasi-criminal prosecution of the undersigned attorney.” She is already facing a California bar complaint and Rhodes is promising to file a new complaint against her for her “reprehensible” representation.
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Legal Question of the Day: Should A Lawyer Be Able to Wear Jeans and Hats in Court?

200px-Garaufis_NicholasEC9291Attorney Todd C. Bank really liked his Operation Desert Storm hat. Almost as much as Eastern District of New York Judge Nicholas G. Garaufis (left) disliked it. Bank, a sole practitioner in Queens, lost his constitutional claim that he had a right to wear jeans and a hat of his choice in court. Garaufis ruled that any desire to accessorize would occur outside of the Constitution and his court (or any other court for that matter).
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New York Judge Uses Decision to Chastise Attorneys on Improper Stapling Motion for “Negligent Stapling”

gavel2180px-StaplerKMNew York Supreme Court Judge Charles Markey takes stapling very seriously. He took counsel to task for not just injurious stapling but failing to sign pleading, which were apparently signed in blood by the clerks.
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Jury Acquits Denver Officer Who Broke Teeth of Man By Slamming His Head Into the Pavement

Cordova_Michael.jpggenthumbIt took a jury only two hours to acquit Denver Police officer Cpl. Michael Cordova of excessive force, even though a videotape (below) of his actions breaking the teeth of John Heaney caused public outrage. Cordova faced a charge of third-degree assault after he slammed Heaney’s face into the pavement while Cordova served as a member on an undercover anti-scalping Vice unit.

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Minnesota Judge Accused of Steering Parties in His Court to His Own Divorce Attorney and Getting a Discount on His Own Bill Is Given a Six-Month Suspension — But Allowed to Remain on the Bench

1blakely0312.jpgCLSGoodhue County District Judge Timothy Blakely, 46, is accused of being a rainmaker from the bench. He was found by a state investigation to have been referring parties in his court to his own divorce lawyer, “Super Lawyer” Christine Stroemer who allegedly gave him a discount on his own bill for fees.

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Federal Judge Calls Obama “Birther” Challenge “Frivolous” and Orly Taitz Calls for Judge to Be Tried for Treason

orly2U.S. District Court Judge Clay Land issued a stern warning to attorney Orly Taitz (left) and others in the so-called “birther” campaign: do not file another such “frivolous” lawsuit or you will face sanctions. Land threw out the lawsuit filed on behalf of Capt. Connie Rhodes who is an Army surgeon challenging her deployment orders due to President Barack Obama’s alleged ineligibility to serve as President. Land (a Bush appointee) noted that “[u]nlike in ‘Alice in Wonderland,’ simply saying something is so does not make it so.”

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Ohio Death Row Inmate Given One-Week Reprieve After Officials Fail to Find a Vein

art.ohio.executionRomell Broom, 52, was given a rare one-week reprieve when officials struggled for hours to find a vein strong enough to handle lethal injection. The scene was particularly grotesque for critics of the death penalty as Broom awaited his death for hours as he was pricked and probed. Ohio Gov. Ted Strickland eventually ordered the one-week delay to allow prison officials time to figure out the best vein to use to execute him.
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For a Good Time, Call Juror 12: Juror Held in Contempt in Trial of Anand Jon Alexander For Contacting Sister

cupid-graphics-3Alvin Dymally selected a poor place for a pick up. Dymally was a juror in the rape trial of fashion designer Anand Jon Alexander, 35. While other jurors were staring at the defendant, Dymally apparently could not take his eyes off the defendant’s sister Sanjana. Dymally would later, before the jury verdict was announced, pass Sanjana a note indicating his interest in her. Alexander was eventually sentenced to 59 years to life for 16 counts of rape while Dymally, Juror No. 12, will receive a $1000, 120 hours of community service, and a year’s mandatory participation in EHarmony. (Ok, I made up the last condition).

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