The Legal Reader^™

Southern California Jury Convicts Attorney on Three Counts

"Glendora attorney John F. Watkins, 61, faces a maximum sentence of four years, four months after a jury convicted him of conspiracy to obstruct justice, conspiracy to stalk and perjury by declaration, prosecutor Larry Roberts said." Read all about this very bizarre case here.

Wanted Man Caught on 'Kiss Cam' Arrested

I think this one speaks for itself.

Reporter Jailed for Going Behind Judge's Bench

A newspaper reporter covering a murder trial in Macon, Georgia was fired after the judge sentenced him to two days in jail for twice going behind the judge's bench during breaks in the trial, it says here.

"Quinn's Quest"

The Recorder has just published a very long "feature" article about the L.A.-based litigation firm Quinn Emanuel Urquhart Oliver & Hedges. Although Quinn does not sound like a place I would like to work as an associate (it sounds like "type A personality" central), I found the article fascinating.

A Court of Civility and Controversial Conservatism

The Christian Science Monitor has just published this interesting article about the Fourth Circuit Court of Appeals. The author speculates that the Fourth Circuit might be a likely source of any new Supreme Court appointments.

Lawyer's Disbarment Means New Trial For Murder Suspect Client

"What happens when your lawyer gets disbarred three weeks before your trial and, without letting you know about this development, goes on to defend you anyway?" The New York Lawyer answers that question here.

Divided Court Rules For Police On Miranda

It took six separate opinions for a divided Supreme Court to rule that a California police officer did not violate the constitutional rights of a wounded suspect who was questioned without having his Miranda rights read to him. Those rights say in part, "You have the right to remain silent." "But justices never answered a central question in the case: whether law enforcement officials can be held liable if they coerce self-incriminating information, including confessions, out of defendants when those statements are never used in court," CNN reports here. You can read the opinion in the case of Oliverio Martinez here.

Interesting Recruiting Idea/Opportunity

The Mississippi office of New Orleans based law firm Phelps Dunbar was having trouble recruiting top law school grads, given the competition from big city firms paying big city salaries. So they devised an interesting strategy. They target federal law clerks from top schools who want to teach, but need to gain experience and to publish before they are qualified. Phelps Dunbar aims to hire two such associates per year. They bill a reduced 1,500 hours a year (to allow time to write), make at least $75,000 plus bonus, and work on appellate briefs. Sounds like a win-win to me. Read all about it here.

"Being Blonde Is Not a Protected Group Under Title VII"

So says U.S. District Judge J. Curtis Joyner of the Eastern District of Pennsylvania in an order dismissing Shramban v. Aetna Inc., a Title VII suit brought by a white, Jewish, blonde woman from Moldavia who claims she was harassed on the basis of her gender, race, religion or national origin, it says here.

Ninth Circuit Judges Appear None Too Happy With the U.S. Supreme Court's Three-Strikes Rulings

Howard Bashman of How Appealing has the scoop here. UPDATE: (5/27) The Recorder has picked up the story here.

Fee Award in Vitamin Class Action Leaves California Justices Hungry For Answers

"Late last month, appeal court justices in San Francisco did something unusual: They mailed out a letter asking lawyers in a massive vitamin price-fixing class action to explain a few things. Why, the 1st District Court of Appeal wanted to know, are so many law firms involved? How did the number of coordinated cases grow by 12 in one six-month period? How many out-of-state law firms are involved? Which of the defendants previously entered guilty or no contest pleas to criminal charges?" Read about the unusual request here.

"The Matrix" As a Criminal Defense

Two defendants have already been found not guilty by reason of insanity by arguing that they thought they had been sucked into The Matrix, and others are currently trying the argument, it says here.

UPDATE (6/11): Now The Christian Science Monitor is reporting on the same topic.

Woman Gets Jail For Playing Radio Too Loud

"Shawna Enyart, a 38-year- old mother of six, insisted throughout her trial that she tuned in her favorite talk shows at a reasonable volume while doing laundry with her garage door open. But many of her neighbors along Ludlow Street in Garden Grove [California] said the volume rattled their windows and made it hard to hear themselves talk." Finding that she lacked remorse, a judge sentenced her to ten days in jail, fined her $400, and ordered her to give the offending radio away, according to this.

$3M Award for Libel on Internet Upheld

"In its first case on Internet jurisdiction, the North Dakota Supreme Court has affirmed a $3 million libel award to a university professor who was defamed on a student's Web site. The ruling is the latest in an area of law -- Internet jurisdiction -- that judges are grappling with across the country. Wagner v. Miskin, No. 20020200," Law.com reports here.

Sesame Street Breaks Iraqi POWs

Iraqi POWs are being subjected to loud music from Metallica, Sesame Street, and Barney in an attempt to break down their resistance to questioning, the BBC reports here. Is it torture? Amnesty International says it may be.

James Brown, The Godfather of Soul, Pardoned

"In September 1998 [I think they meant to say 1988], Brown, high on PCP and carrying a shotgun, entered an insurance seminar next to his office in Augusta, Georgia, and asked seminar participants if they were using his private restroom, according to authorities. Police chased Brown for a half-hour from Augusta into South Carolina and back to Georgia. The chase ended when police shot out the tires of his truck," CNN reports here. And that wasn't the last time he was arrested. But now South Carolina has seen fit to pardon him.

Always Dreamed of Being a Policy Wonk?

Now you can, courtesy of OverLawyered.com, which reports on (and links to) a Cato Institute report re: "[Few Americans] have any idea about what the grand jury is supposed to do and its day-to-day operation. That ignorance largely explains how some over-reaching prosecutors have been able to pervert the grand jury, whose original purpose was to check prosecutorial power, into an inquisitorial bulldozer that enhances the power of government and now runs roughshod over the constitutional rights of citizens." Kind of interesting, if you ask me.

Federal Judge Denies Pot Guru a New Trial

"A federal judge rejected a bid for a new trial from convicted marijuana grower Ed Rosenthal on Friday, finding no basis for his claims of jury bias. U.S. District Judge Charles Breyer upheld Rosenthal's highly publicized conviction in February. He now faces spending the rest of his life in prison when he's sentenced June 4. The maximum sentence is 85 years," the AP reports here.

San Francisco DA Terrence Hallinan Pursues a Rare "Three Strikes" Case

This article concerns a current prosecution of the former Charles Rothenberg (now "Charley Charles"), who gained worldwide notoriety 20 years ago for setting fire to his 6-year-old son in a motel. The story raises all kinds of issues: the propriety of giving a prosecutor so much discretion in charging (and ultimately sentencing) defendants; the proportionality of sentencing under 3 strikes in different California counties; the competing personalities in the current SF District Attorney race; and the propriety of imposing huge sentences for relatively minor current crimes because of a defendant's past convictions. An altogether interesting read from Pam Smith of The Recorder.

Judge Tosses Plaintiffs' Lawyers Out of Class Action

U.S. District Judge Elaine E. Bucklo of Chicago recently made the highly unusual move of barring a half-dozen plaintiff attorneys from representing the claimants as a class, calling their work "inadequate." On behalf of a potential class of 17 million plaintiffs, the attorneys were going to settle for $25 million--and pocket $4.3 million for themselves, Forbes reports here. (Link via OverLawyered.com)

Judge Leaning Studios' Way in DMCA Fight

321 Studios makes software that allows users to unlock the encryption codes on Hollywood DVDs and make copies on their home computers. The studios sued, saying the software violates the Digital Millennium Copyright Act. 321 Studios argues that enabling rightful owners of DVDs to make backup copies is a "fair use" under copyright law. U.S. District Judge Susan Illston of the Northern District of California heard oral argument on a summary judgment motion in the case today. Though she appeared to be leaning toward the studios, she managed to throw a few curve balls into the mix, The Recorder reports here.

Law Partner Gets Five-Year Suspension for Neglecting Cases Over a Decade

Feeling overwhelmed? Pressured to succeed at all cost, while billing 2,400 hours a year? Read the sad but not unimaginable saga of Lawrence M. Furtzaig, a former partner at New York's prominent landlord tenant firm Rosenberg & Estis. He got so far behind the eight ball that he actually gave one client $60,000 of his own money to help conceal a failure. He was nearly disbarred, but landed a five-year suspension instead, Law.com New York report here.

"Beware Delaware"

"A string of recent decisions handed down by the Delaware Supreme Court — considered the "mother court of corporate law" — has been virtually ignored by the business press. Yet experts say the decisions could have as profound an impact on business than anything Congress or the SEC has done. Since last summer, the Delaware Supreme Court has issued at least five decisions of great concern to the corporate bar. Each was remarkable not only because it found against directors and in favor of shareholders, but also because it reversed a lower court ruling that went the other way," New York Lawyer reports here.

Oregon Budget Woes Affecting Judicial Priorities

"Oregon's budget shortfalls leave the state without enough funds to pay for public defenders for the poor. To avoid violating defendants' Miranda rights, the state is downgrading serious charges to lesser violations that don't entail court trials." Oregon Public Broadcasting reports the story via NPR here (links to Windows Media audio file).

Actor Tom Sizemore Faces 16 New Charges Related to Fleiss

"Actor Tom Sizemore is facing 16 new charges, including domestic violence and witness intimidation, stemming from a stormy relationship with Heidi Fleiss, the notorious former Hollywood madam who was once his fiancee," CNN reports here.

Burglary Suspect Bleeds To Death After Cutting Himself Breaking In

"After going on a 'mini-rampage' outside a busy Fremont supermarket, a 21-year-old purse-snatching suspect bled to death when he slashed an artery while breaking into a nearby apartment, police said Tuesday. Obadiah Videau of Fremont was pronounced dead Monday night at Washington Hospital in Fremont, after he severed his brachial artery after putting his arm through a glass window while trying to climb into an apartment at the Park Villa apartment complex," the San Francisco Chronicle reports here.

High Court Farewell

Law.com pays tribute to recently retired Deputy Solicitor General Lawrence Wallace who, with 157 Supreme Court oral arguments under his belt, was the most prolific advocate before the Court in the 20th century. Read all about Larry's admirable career here.

Ex-Flight Attendant Pleads Guilty To Giving Sedative To Baby

Daniel Cunningham tried to give an infant on his flight some apple juice to which he had added Xanax to stop the child's crying. Now he faces up to 11 years in prison, CNN reports here.

Sheriff: Texas Woman Says God Told Her To Kill Sons

Texan Deanna LaJune Laney, 38, allegedly killed two of her three young sons, apparently by beating their heads in with a rock. She then called 911 and confessed, saying that God told her to do it. Now the DA is trying to decide whether to seek the death penalty, CNN reports here.

Ohio Justice Sues N.Y. Times Over Story

"The New York Times and a state Supreme Court justice went to court Monday over an article involving a lawsuit filed by the son of Dr. Sam Sheppard. In opening statements in U.S. District Court, lawyer Don C. Iler said Times reporter Fox Butterfield wrote things about Justice Francis E. Sweeney that he knew were untrue and damaged the judge's reputation," Guardian Unlimited reports here.

"Google to Fix Blog Noise Problem"

"Google is to create a search tool specifically for weblogs, most likely giving material generated by the self-publishing tools its own tab. It isn't clear if weblogs will be removed from the main search results, but precedent suggests they will be. After Google acquired Usenet groups from Deja.com, it developed a unique user interface and a refined search engine, and removed the groups from the main index," Britain's The Register reports here. UPDATE: Is this whole story just hot air?

'Bumfights' Producers Plead Guilty

"Three young men who produced the brief Internet sensation 'Bumfights' pleaded guilty on Friday to paying homeless men to trade blows -- charges that could send them to jail for a year," Reuters reports here via CNN.

Lawyer Sues Rival Firm Over Trademarked Ad Slogan

Detroit labor lawyer Richard L. Steinberg trademarked the slogan "working lawyers for working people." Now he's suing law firm Miller Cohen PLC for using the phrase "working for working people" in its advertising. No wonder people make lawyer jokes. Read the story here (link courtesy of The Trademark Blog).

Wife Held for Using Perfume to Harm Spouse

"A woman was arrested for dousing herself with perfume, spraying the house with bug killer and disinfectant, and burning scented candles in an attempt to seriously injure her chemically sensitive husband, prosecutors said. Police charged Lynda Taylor, 36, with aggravated battery Thursday," the AP reports here.

Magicians Sue Brazilian TV Network

"Magicians claiming they nearly went broke after a television program aired the secrets of their trade have won a legal fight against Brazil's largest television network. TV Globo must pay damages to 21 magicians in the southern state of Rio Grande do Sul because of a program that revealed how magicians perform such tricks as pulling rabbits out of hats and sawing women in half, Judge Eduardo Kothe Werlang ruled recently," the AP reports here. They must have some seriously strange causes of action down in Brazil . . . .

Judge's Drinking Brings Suspension

"A Gwinnett County [Georgia] judge has been banned from the courthouse and suspended with pay after a local TV news report showed him drinking, then getting behind the wheel of his SUV," The Atlanta Journal-Constitution reports here. The details are pretty shocking, including allegations that Judge David Fuller drank during working hours, and that he consumed 19 drinks in one seven-hour period, and then drove.

Chief Justice Rehnquist To Retire??

UPI legal affairs correspondent Michael Kirkland ponders that enduring question here.

Exonerated Convicts Find Freedom Is Tough

At least 35 former convicts have been exonerated through the efforts of the Innocence Project at Cardozo Law School and the DNA Identification Technology and Human Rights Center of Berkeley. But some of them have found life on the outside challenging after years of incarceration. "'We were getting all these people out of prison, but we found most of them were having tremendous difficulty with life on the street,' said Peter Neufeld, a co-founder of the Innocence Project, which provides legal assistance to prisoners seeking to prove their innocence through DNA testing." Now the two programs will jointly run the "Life After Exoneration Project" to help those they have freed adjust to freedom, it says here. [In case you've been feeling remiss about your recent level of charitable giving, you can find out how to support the Innocence Project here.]

"Plaintiff-Friendly Plan for 17200"

Here's a bad idea: A pair of California legislators (one democrat, one republican) want to overturn two recent California Supreme Court cases that established restrictions on the extent to which courts can order "disgorgement of profits" under California's Unfair Competition Law (B&P Code Section 17200). Read more here from The Recorder.

Nationally Known Asbestos Litigator Accepts Disbarment

"The referee in the attorney discipline case against prominent Miami class-action lawyer Louis S. Robles has recommended that he be disbarred, and Robles has agreed to this in a no contest plea. . . . [The referee] found that Robles engaged in a pattern of misconduct by failing to properly communicate with his clients, failing to 'properly and timely' remit funds due his clients, and charging clients 'excessive and improper' costs. Robles is nationally known for his class-action and mass torts work in representing people who claim they were injured from asbestos exposure," the New York Lawyer reports here.

Orrick in West Coast Merger Bid for Venture Law Group

"Orrick Herrington & Sutcliffe is in talks with West Coast technology firm Venture Law Group (VLG) about a possible takeover. It is understood that the talks, which could mean a full takeover or laterally hiring a substantial number of lawyers, are at an early stage," The Lawyer.com reports here.

Man Removed Pacemaker While On the Lam From the Law

"A man who apparently tried to fake his own death had his pacemaker cut out of his chest in a South Carolina motel room shortly after staging his disappearance in January."

"Jasper County deputies said he staged his disappearance in January, then had his pacemaker delivered to his wife, along with a piece of skin and a letter claiming he'd been murdered by religious zealots."

Now "Steven Lukowich, 35, of Ridgeland is recovering from an infection in an Erie, Pa., jail where he faces charges of unlawful flight to avoid prosecution," according to this. (Thanks to The Obscure Store for both this link and the next about GM.)

Refusal To Fix Cadillac's Starter - Under Warranty - Costs GM $200k

First, a Wisconsin GM dealer could have fixed the car for a few hundred dollars, but refused. Then GM could have settled the case for $10-15k, but refused. Now GM is out $200k, consisting of $10k in damages, $108k in plaintiff's attorneys' fees, and $82k in its own legal costs, it stays here.

"Sentencing Reform Raises Legal Worries"

It certainly does, as I discussed earlier here and here. But this BBC article is talking about sentencing reform in the UK, not in the US. Though the same issues seem to arise there as here.

Court Hears Arguments on Landmark Assisted Suicide Law

"The fate of the landmark Oregon assisted suicide law rests with a federal appeals court that was asked Wednesday to decide whether Attorney General John Ashcroft can regulate 'legitimate medical practice' in a state. A three-judge panel of the 9th U.S. Circuit Court of Appeals heard arguments on Ashcroft's challenge to an injunction issued by U.S. District Judge Robert Jones in April 2002 that barred Ashcroft from interfering with the Oregon law," the AP reports here.

Tucker Max Sued

Professional jackass and one-time Fenwick & West summer associate Tucker Max, who was recently featured on the MTV show "Sex2k," is now being sued by a woman whom he claims he had sex with on his website, according to this.

Supreme Court May Review 2nd Amendment

The 9th Circuit today refused to reconsider December's ruling that there is no constitutional right to individual gun ownership. That ruling conflicts with the 5th Circuit, setting up a possible Supreme Court review, the AP reports here. The 9th Circuit's Order can be accessed here. It includes several dissents, including a very concise one by Judge Kozinski, beginning on page two.

CCA Upholds Butt Search for Crack

Thanks to How Appealing for this one: The Texas Lawyer is reporting that warrantless butt searches have been ruled legal (see third item).

Lawyer's Bid To Win Asylum Rights For Abused Women Awaits Action by Ashcroft

If I were an abused woman, I would not want my fate to be in the hands of John Ashcroft. Especially not if I were seeking asylum from another country post September 11. Read law.com's interesting article here, and hope springs eternal.

Mississippi's Chief Justice Calls For Court Reforms

Although it may seem that WeirdOfTheNews has been doing a lot of judge-bashing lately, I'm simply passing on what the media prints. Case in point:

"The Mississippi Supreme Court's chief justice says changes are needed to restore faith in the state's courts, which have been damaged by a string of allegations of judicial misconduct.

"Chief Justice Ed Pittman's plans for reform: Switch from elected to appointed judges in the higher courts, allow cameras in the courtrooms, impose stricter codes of conduct and establish a review system if a judge refuses to recuse himself when there is a potential conflict of interest.

"'The majority of this court recognizes that we need to make some changes,' Pittman said. 'We are on the road to total recovery and absolute total neutral service to the people of this state," the AP report here.

Lawsuit Challenges Louisiana Ban on Nonresident Foreigners Taking Bar Exam

This is a strange one: "Tulane University law student Emily Maw of Wales wanted to stay in Louisiana after graduation to represent death row inmates and defendants in capital cases. Now she is thinking about practicing in Mississippi instead.

"In what is believed to be the only such rule in the nation, Louisiana prohibits nonresident foreigners from taking the state bar exam.

"The rule was issued without explanation by the Louisiana Committee on Bar Admissions in 2000 and upheld without comment by the state Supreme Court last year, triggering speculation that the justices were simply tired of foreign defense attorneys using clever arguments to get death sentences overturned," the AP reports here.

Chief Justice Warns of Congressional 'Intimidation' of Judges

"Chief Justice William H. Rehnquist said Monday that cataloging information about which federal judges give lighter sentences and why [by Congress] could amount to an effort to intimidate certain judges," and interfere with the independence of the judiciary, the AP reports here.

Supreme Court Wonks Take Note!

If you're a fan of arcane information about the secretive U.S. Supreme Court, don't miss law.com's article, which covers the recent rescission of the mysterious rule against note-taking by visitors, and the soon-to-be-infamous Justice Rehnquist bobble-head doll.

The Injudicious

Law.com just published its annual roundup of the country's most outrageous judicial misconduct, which you can access here.

"Clueless In Columbus"

California appellate justice William Bedsworth sounds off about our brethren from the Midwest, and some of their recent silly antics.

California Supreme Court to Review Slave Labor Law

"The California Supreme Court agreed Wednesday to review the validity of a state law allowing people to sue companies that forced them into slave labor during World War II.

"The justices, without comment, decided at its weekly private conference here to examine a January decision by a Los Angeles appeals court allowing a Korean-American man to sue the former Onoda Cement Co. and its successor, Taiheiyo Cement Corp. of Japan, which has a Los Angeles-based subsidiary. Jae Wan Jeong is seeking back wages, unspecified damages, an apology and establishment of a trust fund to benefit victims of forced labor.

"At issue is a 1999 California law allowing people claiming to be wartime forced-labor victims in Europe and Asia to seek redress until 2010 against multinational firms that operate in the state," the San Jose Mercury News reports here. I linked to the California State appellate decision earlier here, and to the Ninth Circuit's subsequent decision in a related case here.

NY Partner Convicted Of Stealing $27.7 Million

"James P. Conroy, a former partner at Windels Marx Lane & Mittendorf, was convicted yesterday of stealing $27.7 million from a former client, Evergreen Security, an investment firm now in bankruptcy, the New York Law Journal reports" here.