This month, defense attorney Drew Justice faced a rather bizarre motion from Assistant District Attorney Tammy Rettig in Tennessee. Rettig was upset that Justice was referring to the prosecution as “the government” — a common description used by both counsel (including prosecutors) as well as judges. Rettig moved for Justice to be ordered not to be call her the government. Justice responded to this clearly absurd and frivolous motion with a request of his own: He asked to be called “Captain Justice” “Guardian of the Realm.”
Submitted by Charlton Stanley (Otteray Scribe), Guest Blogger
It has been rather intense around the Turley Blog the past couple of days. Time for a break, and hopefully, a smile.
Lorde, the sixteen-year-old singer, songwriter, activist from New Zealand wrote a catchy little song that is a commentary on entitlement, status and excess. Her song, “Royals,” has won awards and recognition for the teen. Perhaps the most flattering thing for her is the fact it has been done as a cover by numerous performers. One of the most interesting covers is the one done by Puddles, the sad clown with the golden voice. Did we mention that Puddles is about seven feet tall?
Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger
Everyday we read about the latest call for drastic cuts in government spending and claims that our national debt is killing us. Those calling for the cuts claim that austerity is the only way that we can get the economy moving again. To that end they call for cuts in Social Security, Medicare, SNAP and many other assistance programs, but consistently refuse to cut our immense defense budget. Where else have these calls for austerity been made into law and what are the results of these programs?
Submitted by Charlton Stanley (aka Otteray Scribe), Guest Blogger
Tennessee Department of Children’s Services Logo
On an August afternoon in 2008, Hickman County, TN resident Robert Andrews was working on a trailer in his yard when two deputy sheriffs pulled up in front of his house, along with three caseworkers from the Tennessee Department of Children’s Services. They approached Mr. Andrews and asked permission to go inside his home. They did not have any kind of warrant or court order, so Andrews told them they did not have permission to enter his home.
Despite his refusal, all three caseworkers and one of the deputies entered the home and searched the place. They also took each of his four children aside for interviews out of his earshot. Then the officials left. Neither Andrews nor his wife, Patti, was ever accused of a crime in connection with the visit. They were not afforded the opportunity to contact a lawyer or have a lawyer present for the interrogations of the children. At no time before or since that incident was any member of the Andrews family ever accused of any crime in connection with that visit.
In March 2002, a police officer in Cuyahoga County, Ohio kicked in Nancy Kovacic’s door, allowing caseworkers to enter her home and seize her two children. The children were placed in foster care, where they stayed 10 months. There were no criminal charges of any kind against Nancy Kovacic. Her attorney, Jay Crook, told reporters, “Caseworkers can’t just make a judgment call and say, ‘Well, I don’t like this, and with the power of the state, I’m taking these children,’ ”
The children are now grown and were part of the lawsuit. They report being abused while in foster care. They have been in therapy for several years due to the trauma of being removed from their mother. Mr. Crook added, “Without that neutral arbiter, that magistrate, that judge; even over the phone, you have lost all your due process safeguards.”
Those events at the Andrews home led to a lawsuit against the caseworkers. There was also a similar lawsuit from another family in Ohio. Both cases ended up in front of the Sixth Circuit. The U.S. Court of Appeals for the Sixth Circuit used the cases to specify that caseworkers, like police, are agents of the State, and therefore controlled by the Fourth Amendment to the Constitution. This is the first time a Federal appeals court has specified that caseworkers from children’s services departments must abide by the Constitution.
More over the flip, including the full text of both Sixth Circuit decisions.
Well, the guy who ushered in the recent government shutdown with a 21 hour filibuster sure gets it honest. Texas senator Ted Cruz, that darling of the Tea Baggers, is no longer the Harvard educated political mystery man who chides the administration at every turn and who rabble rouses what is loosely referred to as the Republican base. Seems he learned the techniques of fact-free demagoguery at daddy’s knee and not amid the ivy in Cambridge (or at Princeton as Elaine M reminds me). That’s right, the Right (as in far) Reverend Rafael Cruz has embarked on his own freewheeling magical mystery tour armed only with the credential that he sired that darling of the Rebel flag wavers. Cashing in on sonny boy’s status among some on the right, Rafael Cruz is now touring the country demanding Obama “go back to Kenya” and turning the Treaty of Tripoli* on its head claiming divine sanction in decreeing that the land of the free and home of the brave is also the exclusive dominion of the Christian. And if that isn’t a big enough stain on his vestments, the representative of the Savior commands all Tea Baggers to shinny on up to the latest polling place to vote Republican.
Without a hint of satire, The Wall Street Journal decided to let Suzanne Somers write an article on the Affordable Care Act on their blog “The Experts.” Somers “expertise” comes from her celebrity access to doctors, scientists, and medical professionals in the “alternative and integrative” health-care world. Somers has been on Oprah pushing her concept of wellness which involves taking 60 pills a day and injecting hormones into her vagina.
The Mirror and Daily News reported that Maria Kislo, 12, of Leszno, Poland, was found hanged in her bedroom. She left a short note: “Dear Mum. Please don’t be sad. I just miss daddy so much, I want to see him again.” Maria’s father died in 2009 from a sudden heart attack. There appears to be reason to doubt the veracity of this story. Continue reading “Girl’s Suicide Was Real – Rest Of Story Looks To Be A Hoax”→
Lou Reed Rock N’ Roll Poet, Singer and Musician died this week at the age of 71. To my mind he was a far greater artist than the world gave him credit for being. What made him special besides his guitar virtuosity; the distinctive sound of his music; his unique voice; was that his lyrics reflected his raw emotional reaction to the life he saw around him. We see many of the Rock N’ Roll Idols of our youth trade their revolutionary sentiments for a knighthood and celebrity lifestyle. Yet Rock N’ Roll in its inception began as outlaw music in the 50’s. The main cause of R&R’s horrifying the mainstream in America was that it was White musicians copying the blues styles of what were then called “Race Records” because they were performed by great Black artists. The initial horror at Elvis wasn’t just the movement of his hips, but the fact that this quintessentially southern White boy was singing Black music. The music industry soon tamed Elvis as it tamed those to come with some exceptions. Lou Reed was never tamed and was never really listed in the top tier of Rock Legends by a public that found his lyrics too raw and too filled with what was the seamy side of American life. What follows are the lyrics to one of Lou Reed’s angriest and greatest songs as pertinent to America today as it was when he wrote it in 1989. Afterwards you can hear him sing it. To me one of the two great American poets of the last 100 years died this week and people think he was just another Rock N’ Roll singer. Continue reading “R.I.P Lou Reed”→
Through the years this site has produced a multitude of blogs that details the excesses that occur in the intelligence community of the United States. Whether it is about spying on us, or upon other governments, the disclosures of incidents where this group of agencies has overstepped the bounds of our Constitution have become too numerous to detail. Beyond that through the years there have been many instances where elements of our Intelligence Complex have interceded in other countries, under the rubric of protection of United States interests. There are many different Agencies within our government that deal with intelligence and in the post 9/11 era the prevention of threats to our country and its citizens has become a giant self serving industry. The Agencies that we know about have supposedly fallen under the egis of the Department of Homeland Security, which should mean from an organizational chart perspective, they are under the control of the President of the United States. To get the political issue out of the way I believe that President Obama has aided and abetted policies that go against the Constitution of the United States. However, not to justify his policies, which are clearly wrong, my opinion is that it has been a very long time since any American President had control of our Intelligence Complex. My belief is not informed by any information public or private, but from what I’ve gleaned from history and from what I know about the operations of bureaucracy. This Guest Blog is not a piece of investigative journalism, but the opinion of someone who understands both the workings of human nature and the workings of bureaucracy. I hope that this piece can engender discussions about the Intelligence Complex and elicit opinions as to what service it provides in protecting this country. The issue is not one of politics per se, because the guilt of enabling our Intelligence Complex falls equally on both political parties and the powerful elements within those parties who would support any action taken by the Intelligence Complex including abrogating our Constitution. The FBI is where I’d like to begin my perspective and that might surprise some, who consider the Federal Bureau of Investigation, basically a law enforcement agency. The history of the FBI is such that it has expanded its role with each upheaval, or new popular shibboleth that garners national attention. Continue reading “The Problem with the “Intelligence Community””→
After using a gasoline station in McLean, Virginia for years, I noticed for the first time this sign tucked away on the side on station. It is a sign that would seem to ignore reality since drivers routinely use cell phone and electrical devices (such as car radio, tablets, readers, and video players at gasoline stations. In light of such observed and common practice, what legal value does this sign have for the station.
For those who believe our government has become a bad parody of itself, you now have proof. As noted by WTOP, Saturday Night Live featured a skit in which Kate McKinnon portrayed Health and Human Services Secretary Kathleen Sebelius speaking about the problems in registering for health care. In the skit, faux Sebelius notes that the website is visited by millions but is designed to only handle six people at a time. However, the media is reporting that in the first 24 hours, only six users were able to enroll of 4.7 million visitors. In the meantime, the Administration is delaying the release of enrollment figures while contractors are blaming Administration officials for the lack of testing and negligence supervision of the system. Continue reading “Six Down, Three Hundred Million To Go: SNL Skit May Have Predicted The Actual Enrollment Figures For Obamacare”→
The Virginia Supreme Court waited for Halloween to release a truly scary ruling where it overturned a jury verdict to families of the victims of the 2007 shooting massacre at Virginia Polytechnic Institute. We have previously discussed the absurd state cap on such verdicts which led to the reduction of the award to $100,000 for each family — an insulting amount of reduced damages that eliminated the deterrent impact of such legal judgments. Now the Virginia Supreme Court has gone further and wiped out the remaining award on the ground that Virginia Tech had no duty to warn the students despite national condemnation of the university for gross negligence before and during the shooting spree by student gunman Seung-Hui Cho.
While the public polls show a public disgusted with the two party duopoly on power and demanding change, the same figures are emerging as the choices for the next president. The most obvious is Hillary Clinton who is reportedly positioning herself now as a candidate of change — a curious role for one of the most establishment figures on the political scene. The other leading candidate is Joe Biden who has been a source of continued gaffs as Vice President and viewed as the other leading candidate of establishment interests. However, there is an effort to reinvent Clinton who supported various wars under Bush and Obama and did little to stop torture and surveillance programs. Indeed, the new MSNBC host Ronan Farrow has proclaimed that the “Clintons represent a style of honesty that the public craves.” Farrow does not appear to remember Bill Clinton’s public and sworn denials in the Lewinsky affair or other scandals. Indeed, the new Hillary Clinton is already attracting the type of influence seekers associated with the two parties. Just this last month, Goldman Sachs gave Clinton almost a half of million dollars for just two speeches in one week. The event is made more curious by fact that speech was described as “prepared remarks” followed by limited questions. It is doubtful that Clinton informed Goldman Sachs of anything other than the most predictable remarks from a politician — not some critical re-orientation of their investment strategy. UPDATE: Chuck Schumer has already endorsed Clinton to be the next president.
Happy Halloween to all of the ghostly regulars of the Turley Blog! Despite the theory that Halloween is just a cry for help from my rotting soul, I love this holiday and the house is covered with our annual display of skeletons, webs, and spooky items. Our 8 foot pumpkin/witch joined the land of the spirits after ten years on upper balcony. (I found her hanging, deflated on the side of the house after returning from Tennessee last week). After a panicked run out to a distant rural county, I was able to secure a 7 foot talking witch who now oversees our cemetery scene with rising ghouls and a witch coven (with cracking caldron). It looks pretty cool with floating ghosts, flying witches, and a moving black cat among the tombstones. Continue reading “Happy Halloween!!!”→
Here is our annual list of Halloween torts and crimes. This holiday remains a favorite for personal injury lawyers around the world and this year’s additions show why. Of course, with Sandy, our area is already looking pretty spooky with downed trees and tattered exteriors.
So, with no further ado, here is this year’s annual Spooky Torts list of actual cases from Halloween (with our past winners).
This month, defense attorney Drew Justice faced a rather bizarre motion from Assistant District Attorney Tammy Rettig in Tennessee. Rettig was upset that Justice was referring to the prosecution as “the government” — a common description used by both counsel (including prosecutors) as well as judges. Rettig moved for Justice to be ordered not to be call her the government. Justice responded to this clearly absurd and frivolous motion with a request of his own: He asked to be called “Captain Justice” “Guardian of the Realm.”
