Criminal law, Society

Illinois Legislator Moves To Ban Filming Accident Scenes

We have been following the widening practice of police arresting citizens for filming them in public. Both courts and commentators have denounced the practice. These concerns explain some unease over a measure proposed by Illinois State Rep. Tom Holbrooke (D-Belleville) who wants to ban some filming in public — of any accident scenes. There is an obvious concern that such laws could be used to push for expanded criminalization and would give officials broad discretion in arresting some citizens seen with cameras.

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Courts, Politics, Society

Florida Court Stays Decision on Healthcare — Allowing Continued Implementation of the Law

After U.S. District Court Judge Roger Vinson struck down the healthcare law, we discussed a curious part of his opinion where he declined to grant injunctive relief but then stated that it was not necessary because his declaratory judgment served the same function. I disagreed with that view and recently the Justice Department decided to call the bluff and ask if Vinson believed that he had barred the implementation of the law nationally. They won. Vinson ruled yesterday that the Administration could continue to implement the law — despite various states citing his opinion as the basis for refusing to work with the federal government in implementing the law.
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Bizarre, Courts, International, Lawyering

English Woman Receives Damages for Paralyzing Fall at 33 Years in India

This story caught my eye on Reddit because last night I went to a dinner in Milwaukee and discussed how it still takes decades for a civil case to be brought to verdict in India — a huge barrier to businesses and firms in that country. As a demonstration of the problem, it took 33 years for an indian court to award $1 million to Susan Leigh Beer for a fall that paralyzed her on a dirty floor at a pool at the Akbar Hotel in Delhi.

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Bizarre, Criminal law, International, Politics, Religion, Society

Ready to Wehr: Famed Designer Galliano To Face Criminal Charges Over Alleged Anti-Semitic Remarks

Famed Christian Dior designer John Galliano will face a criminal trial over an alleged anti-Semitic rank against a rival. As previously discussed in a column and a line of blog stories (here and here and here and here), various Western governments have been curtailing free speech by prosecuting blasphemy and speech against various groups. This is an example of that dangerous trend. While the alleged statements are repugnant, these laws cut deeply into free speech.
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Bizarre, Criminal law, Society

Norfolk Employee Fired After Receiving Pay for 12 Years While On Administrative Leave

Jill McGlone, a former administrative worker at the Norfolk Community Services Board, is hopping mad and I don’t blame her. She has alleged that she was wrongly terminated from a job that she had not done in 12 years while receiving full pay. McGlone was suspended back in 1998 but somehow got lost in the system — left with the dream job of all pay and no work for over a decade. She reportedly received more than $320,000 before being terminated. The case brings new meaning to the CSB’s slogan “A Stable Force in a Turbulent World.”
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Constitutional Law, Politics, Society, Supreme Court

Supreme Court Rules In Favor of Westboro Church

In an important reaffirmation of the free speech, the Supreme Court has ruled 8-1 in favor of the Westboro Baptist Church. Westboro is infamous for its deranged, homophobic protests at funerals of fallen U.S. troops. In an opinion by Chief Justice John Roberts, the Court refused to allow the universal disgust at Westboro’s views influence its decision. Only Justice Samuel Alito was willing to radically curtail free speech to punish Westboro.
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Bizarre, Criminal law, Society

California Teacher Suspended For Rattling a Table to Get Attention of the Class

I have often used this blog (here) to complain about how teachers and administrators have used criminal charges to regulate routine instances of childish behavior. Now, we have the inverse situation of a teacher who has been confronted by police over the rattling of a desk due to an irate parent. The eighth-grade math teacher at Atherton’s Selby Lane School simply rattled a table to get his students’ attention — resulting in police being called to the classroom.
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Constitutional Law, Criminal law, Society

Florida District Attorney Refuses To Prosecute Citizen for Videotaping Officer in Public

We have another case of a police officer arresting a citizen for videotaping him in public . . . with a twist. We finally have a prosecutor, Pinellas (Florida) State Attorney Bernie McCabe who refuses to prosecute such an abusive charge unlike so many other prosecutors who take these cases and perpetuate the abuse against the citizens. What is interesting is the response of Tarpon Springs Captain Jeff Young (left).
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Bizarre, Criminal law, Lawyering

Mistrial Declared in New York After Juror Suddenly Announced That She Previously Saw The Defendant . . . Dragging The Victim Across a Bridge

We all wait in our careers for that Perry Mason moment that never comes in a trial . . . when someone stands up in the court and screams “Yes, I did it!” One lawyer in the trial of Earl Berry, 40, came close in a real plot twist. On the second day of the trial, a juror announced she had previously seen the defendant . . . dragging the victim across a bridge.

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Bizarre, Criminal law

Gas Overwhelms Cook-Off: Texas Police Officer Suspended After Allegedly Throwing Tear Gas Canister Into Competitor’s Booth

Gas is always a concern at any cook-off with Bar-B-Que and beans but one Houston police officer is accused of supplying tear gas of his own. Mike Hamby, 51, has been suspended for allegedly tossing a tear gas canister into the booth of a competitor at the cook-off.
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Constitutional Law, Courts, Criminal law, Supreme Court

Supreme Court Upholds Use of Dying Statements as “Non-Testimonial” Evidence

The Supreme Court has ruled that a mortally wounded man’s dying statement is “non-testimonial” and can be used to convict a man of murder. The ruling, written by Justice Sonia Sotomayor raised serious concerns under the confrontation clause of the Constitution. Notably, the strongest voice against the ruling came from Justice Antonin Scalia. Justice Kagan did not participate in the decision in Michigan v. Bryant.

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Bizarre, Environment, International

As Ukraine Heralds Chernobyl as Tourist Site, Scientists Warn of Catastrophic Collapse and Radioactive Release

Some of us expressed alarm or disgust at the recent push by Ukrainian officials to bring tourists to Chernobyl (here and here). Now, it appears that these officials were likely aware that the reactor is in danger of leaking deadly radiation due to the potential collapse of part of the structure.

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Academia, Bizarre, Society

Fourth Grader in New York Suspended Over Kick Me Sign

A New York school has suspended a 9-year-old boy in the fourth grade for putting a “kick me” sign on the back of a classmate. The suspension was handed down for “bullying.” While I have written about the need for greater efforts against bullying, I hope that this incident is not just limited to a classic school prank.

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