Legal Commentary

Happy Memorial Day

Posted on May 24, 2009
Best wishes to everyone on this Memorial Day weekend. Safe travels to all those who are hitting the roads this weekend. While Memorial Day is technically Monday, this has rightfully become an extended weekend affair. I would love to learn the origins of this photo which appears to come from the Navy archives...

CSI Real Estate: Producer and Writer Sued Over Use of Realtors as Characters in Show

Posted on May 24, 2009
There is a very interesting torts case out of Los Angeles where one of the writer for the CBS show “CSI” has been sued by two real estate agents for allegedly using the show to trash them after a disagreement. Writer and producer Sarah Goldfinger allegedly put the characters of Melinda and Scott Tamkin [...

Princess Cruise: Couple Charged With Throwing Chihuahua Out of Window of Moving Car

Posted on May 24, 2009
Cousins Jimmy Correa, 24, and Jenny Torres, 31, were arraigned this week in New Bedford, Massachusetts on felony animal abuse charges after they reportedly tossed Princess, a 1-year-old Chihuahua out the window of their speeding SUV. They now want Princess back...

Another Court Denounces Justice Department and Threatens Sanctions

Posted on May 23, 2009
The Justice Department is facing yet another possible contempt sanction from a federal judge. This is becoming something of a trend for the Justice Department. One could only imagine the response of the bar to a private law firm with such a record of contempt...

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Something Wiki This Way Comes: Catherine Crier Sues To Uncover Name of Alleged Malicious Wikipedia Poster

Posted on May 23, 2009
Former Dallas judge and CourTV anchor Catherine Crier has filed a lawsuit against a John Doe who maliciously used a story about another female lawyer to defame Crier on wikipedia. The unknown individual took the facts about attorney Catherine Shelton and, by replacing the last name with Crier’s from a 2007 Dallas Morning News [...

Police Refuse to Charge Women Who Allegedly Falsely Accused Taxi Driver of Sexual Assault

Posted on May 23, 2009
There is an interesting story out of Edmonton, England where police refused to file charges against four women who falsely accused cab driver Soner Yasa of sexual assault. It is an all too familiar story where false rape and assault victims are often not charged as in the infamous case of the Duke Lacrosse [...

The Price of Liberty: University Bans Democratic Student Organization on Morality Grounds

Posted on May 23, 2009
The late Rev. Jerry Falwell always insisted that he spoke for “the moral majority.” However, it appears that his university, Liberty University, is equally interested in silencing what they consider to be the “immoral minority.” The school this week shutdown the the Liberty University College Democrats as inimical to their moral [...

Yep, It?s Torture: Video Shows Conservative Radio Host Moving From Torture Denial to Torture Acceptance

Posted on May 23, 2009
Conservative radio host Erich “Mancow” Muller has been one of the loudest voices denying that waterboading is torture. Like Sean Hannity (who said that he would allow himself to be waterboarded), Muller volunteered for a session to prove the point...

Obama: We Must Uphold Our Principles To Be Safe and Strong

Posted on May 22, 2009
Speaking to the graduating class of U.S. Naval Academy, President Barack Obama told the graduates that the best way to protect our nation is to stand up to its principles. I will be on Countdown tonight to talk about one principle President Obama left out: the right to a trial for all detainees...

Officials Announce Investigation Into Minnesota Police Unit ? Within Hours Computer Trackers are Shutoff and Documents Shredded

Posted on May 22, 2009
The Star Tribune is reporting that within hours of state officials announcing an investigation into the Metro Gang Force. Officials released a report about missing money and lack of records at the Metro Gang Force, someone turned off a computer showing who enters the building and began shredding documents...

Cardinal: The Greatest Sin Is . . .

Posted on May 22, 2009
Cardinal Cormac Murphy-O?Connor, the departing Archbishop of Westminster, had a few things to say about sin this week in welcoming his replacement. It turns out that the greatest sin is not clergy child abuse, war crimes, ethnic cleansing or the like...

Magnum Cum Laude: Texas Passes Law Allowing Students and Teachers to Carry Concealed Weapons on Campus

Posted on May 22, 2009
The Texas legislature passed a bill to allow college students, teachers, and employees to carry concealed weapons on school grounds. This is the solution found by Sen. Jeff Wentworth, R-San Antonio, to the problem of the Virginia Tech massacre — fill campuses with firearms...

Five Lawyers Charged Over Settlement of Case Involving Former Detroit Mayor

Posted on May 22, 2009
There have been rare professional charges filed against five lawyers for their role in crafting a secret settlement for former Detroit Mayor Kwame Kilpatrick. The lawyers were involved in a $8.4-million lawsuit settlement to conceal text messages that showed that the major and his top female aide had lied about their affair...

Police Officer Killed After Plowing Into Pickup Truck at 109 MPH Without Seatbelt, Siren, or Lights ? Police Charge Other Driver

Posted on May 22, 2009
There is a disturbing report out of Las Vegas this week concerning a fatal crash involving a police car. Officer James Manor was driving at 109 mph without either lights or siren on May 7th. The sheriff admits that the speed and manner of Manor’s driving was “excessive and unsafe” — leading to [...

Bring Out Your Dead: City Under Fire For Abuse of Women?s Corpse

Posted on May 22, 2009
Tort law has long imposed greater liability for the mishandling of corpses. A story out of Indianapolis seems to beg for such a lawsuit. The Marion County Coroner’s Office was called to retrieve the body of Teresa Smith, 48, who weighed 750 pounds...

Weakland: I Did Not Know Sex With Child Was a Crime and Thought Kids Would ?Grow Out of It?

Posted on May 22, 2009
Recently, we discussed the forthcoming book by former Archbishop Rembert G. Weakland, the leading cleric who was accused of date rape and covering up the abuse of children by other priests. The church paid $450,000 in 1998 to a man who had accused him of assault...

Arizona Inmate Dies After Being Left in Outdoor Cell with Temperatures as High as 103

Posted on May 21, 2009
Marcia Powell, an inmate at the Goodyear prison in Arizona, died after being left outside during the day in an uncovered chain-link cell in the desert heat. With temperature reaching 103, Powell collapsed and was later pronounced dead. Powell was serving 27 months for prostitution...

Jersey Boys: Former Federal Prosecutor Arrested in Murder of Witness

Posted on May 21, 2009
Paul Bergrin, 53, a former federal prosecutor, and three others were arrested this week on charges relating to the murder of a witness in a drug case as well as racketeering, wire fraud and money laundering charges. He is also accused of trying to hire a hitman...

A Law Unto Himself: Obama Promises To Hold Some Detainees Without Trial

Posted on May 21, 2009
President Barack Obama today defended his decision to close the military detention center at Guantanamo Bay, Cuba and promptly raised more serious concerns for civil libertarians. In his speech, Obama announced that the country’s “moral authority” demanded closure but then said that his lawyers were working new policies to hold certain detainees indefinitely without [...

Two Angry Men: Recently Unsuccessful Juror Excuses

Posted on May 21, 2009
There has been a spate of juror problems of late in courts around the country. Grant Faber, 25, in Hillsboro, Oregon (left) is facing contempt charges for walking out of a trial due to “extreme boredom” while Erik Sly, 36, got into trouble in Gallatin county in Montana for writing the court to inform it [...

French Judge Censors Magazine to Protect Feelings of Family in Torture Case

Posted on May 21, 2009
A French judge has ordered a magazine off newsstands for publishing a photo of a Jewish man Ilan Halimi, who was allegedly tortured to death. The alleged culprits are facing trial. Judge Phillipe Jean-Draeher based his decision on the “exceptional” attack by Choc magazine on the feelings of Halimi’s mother and sisters...

Report: Jesse Jackson Jr. Gave $257,500 of Campaign Funds to Wife

Posted on May 21, 2009
For years, reformers have denounced the use of campaign funds by members of Congress to pay family members for “consulting” and other services. Rep. Jesse Jackson Jr., however, appears unconcerned about the appearance of such payments: giving $247,500 to his wife, Sandra (known as Sandi)...

Extreme Premeditation: 78-Year Old Woman Arrested for Assaulting 84-Year-Old Husband Over Affair 35 Years Ago

Posted on May 21, 2009
This will not be a POPS case. A 78-yea-old woman is being held on $70,000 bond after repeatedly beating her 84-year-old husband with a bowl, metal pipe, and carpet cleaner as well as kicking him in the groin. The reason: the long festering anger over her belief that her husband cheated on her [...

Pirating to Freedom: Somalis Find Pirating (and Arrest) As Avenue to a Better Life in the West

Posted on May 20, 2009
Pirates being tried in the Netherlands are announced that they want to stay in the country — citing such things as the toilets in their cell as just one of the great things about the country. One Dutch professor has suggested that the promise of a better life in the West might be a [...

Darwinian Dilemma: Scientists See Fossil As ?Missing Link? While Creationist Scientists See Old Dead Monkey

Posted on May 20, 2009
Scientists have discovered what is being heralded as the long sought “missing link” — a 47-million-year-old fossilized skeleton of a monkey called Ida that is 95% complete. It is believed to show a direct connection between humans and the rest of the animal kingdom...

Don?t Ask, Don?t Tell: Hero Pilot Discharged for Being Gay

Posted on May 20, 2009
The “Don’t Ask, Don’t Tell” policy has claimed another American hero. Lt. Col. Victor Fehrenbach, an F-15E Strike Eagle with nine Air Medals, including one for valor for assaulting an Iraqi ambush position while under heavy anti-aircraft fire has been discharged for liking men instead of women...

Ata Boy: Police Compliment Man for Excellent Suicide

Posted on May 20, 2009
I have to say that was something odd in this story out of London where authorities appear to complement the planning and consideration that David Grant showed in his own suicide. Grant, 40, used Google Earth to locate a perfect spot for his suicide and researched the best way to plan his death by carbon monoxide [...

Minnesota Mom Flees with Ailing Son To Avoid Chemotherapy

Posted on May 20, 2009
Colleen Hauser and her son, Daniel, have disappeared in the wake of losing the court fight to block chemotherapy needed to save Daniel’s life. He is suffering from Hodgkin’s lymphoma and an x-ray on Monday showed that the tumor had grown...

Five Officers Fired and Face Possible Criminal Charges After Video of Beating Unconscious Suspect

Posted on May 20, 2009
A video showing police officers beating an unconscious suspect, Anthony Warren, had led to the firing of five Birmingham officers. The beating occurred after a high-speed chase. An officer turned off the video camera but it still was able to capture the critical footage...

I Have a Dream Lawsuit: King Kids Threaten Lawsuit Over Movie on Martin Luther King Absent Their ?Blessing?

Posted on May 20, 2009
The King children are at it again: demanding consultation (and presumably payment) for any work on their father. Recently, I wrote a column denouncing the King family’s history of bilking authors, institutions, and even the King Memorial committee for money...

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