The New York Times reports that the United States Tax Court has reaffirmed a ruling finding that a once prominent tax lawyer, now deceased, had engaged in atax evasion scheme. The case has a long and tortured history, having been once to the Supreme Court already, and likely headed there for a second time. The…
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A Victory for Free Speech
The Associated Press reports that the United States Court of Appeals for the Sixth Circuit has overturned a lower court decision that probable cause existed to arrest a man for disorderly conduct and using obscene language for using the word “goddamn” during a public meeting. At least sanity prevails somewhere.
Penn Professor to Stand Trial for Wife’s Alleged Murder
The Inquirer reports that University of Pennsylvania professor Rafael Robb will stand trial for his wife’s murder after a preliminary hearing was held this week. Although there is a natural – if unfair – tendency to suspect a spouse when a woamn is killed, this case poses some interesting problems. Police have found neither a…
Andy Reid’s Son Admits Heroin Use
This is not a positive development for Philadelphia Eagles Coach Andy Reid. Looks like Donovan McNabb’s rehab from knee surgery is the least of his problems.
Rove Subpoenaed By Libby’s Defense Team
Michael Isikoff reports in Newsweek Magazine that Karl Rove, among others, has been sunoenaed to testify by Scooter Libby’s lawyers in the former White House aide’s perjury and obstruction of jusitce trial. Most of Isikoff’s report is the typical breathless, worhtless reportage that has characterized the case. An example is Isikoff’s repetition of the oft…
Why Mandatory Minimum Sentences are EVIL
ESPN the Magazine, not normally known for its coverage of things legal brings us this outrageous story of a high school honor student and sports star now doing 10 years on a conviction for “aggravated child molestation.” Seems the young man was stupid enough to receive oral sex at a party from a girl, who…
What’s Up With the Supreme Court and Sentencing Guidelines?
Emily Bazelon, with whom I usually disagree, and usually vehemently, has this very interesting article posted on Slate in which she discusses the Supreme Court’s recent Cunningham decision, in which the Court struck down California’s criminal sentencing guidelines. Emily discusses the somewhat peculiar alliances at work in the case (Scalia and Thomas, joined by Chief…
More Charges for Nifong, Indeed
News outlets are reporting that the North Carolina Bar has filed additional charges against Durham County District Attorney Mike Nifongbased upon his deliberate withholding of exculpatory DNA test results from the defense in the Duke rape case (see my earlier post on the possibility that these additionalo charges would be filed here). Mr. Nifong appears…
Opening Statements in the Libby Case
Opening statements in Scooter Libby’s trial on perjury and obstruction of justice charges were today. Law.com’s story can be found here. As I have said before, this is a prosecution that should never have been brought. Libby is charged with lying about underlying acts that were not charged as crimes. Patrick Fitzgerald is simply wasting…
Ken Lammers to Shut Down Crimlaw
So I just learned that Ken Lammers has shut down his CrimLaw Blog (apparently the post in which Ken announced this decision was dated December 22, 2006 – goes to show you how slow I can be to pick up on such things. Ah, the demands of practice). This is a huge disappointment to me….