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Legal News

It's (Barely) Legal

A regular compilation about the law and legal news from Glen Ashman, who has been a municipal judge since 1988 and a lawyer since 1980
By Glen Ashman

Post Frequency: 3.2/day

Last Entry: March 24, 2011 at 11:49:36

Right to counsel in child support cases?

Posted on March 24, 2011
In child support case, justices appear reluctant to extend Sixth Amendment rights The National Law Journal March 23, 2011 A former solicitor general and a former Supreme Court clerk vigorously sparred before the justices on Wednesday over whether indigent persons have a constitutional right to counsel if they face jail for failing to pay child support...

The Office Romance

Posted on March 20, 2011
With all the chaos in the world today, instead of a serious blog post I thought we'd look at the lighter side of the law. ======== The Secretary came in late for work the third day in a row. The boss called her into his office and said, "Now look Sharon, I know we had a wild fling for a while, but that's over...

Teen faces jail for killing hamster

Posted on March 10, 2011
Brooklyn teen faces felony charge in death of family hamster Reuters ? Wed Mar 9, 7:14 pm ET NEW YORK (Reuters) - A New York teenager has been charged with a felony, with the possibility of a two-year prison sentence, for killing her family's pet hamster, authorities said on Wednesday...

GOP Proposes to Kill Women who Miscarry

Posted on February 25, 2011
For anyone who thought Palin and Bachmann were the biggest nutcases in the GOP, the party has a bigger nutcase in Georgia. From The Lookout: ...Georgia State Rep. Bobby Franklin, a Republican from Marietta, Georgia, has introduced a bill that would criminalize miscarriages, making abortion and miscarriage -- or "prenatal murder" in the language of the bill -- potentially punishable by death...

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The Justice Who Doesn't Speak (at all)

Posted on February 23, 2011
Justice Clarence Thomas' Silence Unmatched for 40 Years ABC News Supreme Court Justice Clarence Thomas celebrated an unusual anniversary today: It's been five years since he's asked a question during oral arguments... His silence during questioning has sparked debate among court watchers over whether a justice should participate in oral arguments...

Wal-Mart wrongfully fires 4 heroes

Posted on February 20, 2011
Wal-Mart Security Employees Fired for Disarming Store Gunman AOL News - ?Feb 15, 2011? Four Wal-Mart employees have been fired after management said they violated company policy by disarming an alleged shoplifter who had pulled a gun inside the store...

Really Funny Court Case from Texas

Posted on February 08, 2011
Republic of Bolivia v. Philip Morris Co., Inc., Civil Action No. G-99-110 (March 1, 1999)(Kent, J.). 39 F. Supp. 2d 1008 (D. Tex. 1999) Plaintiff, the Republic of Bolivia, brings this action to recover from numerous tobacco companies various health care costs it allegedly incurred in treating illnesses its residents suffered as a result of tobacco use...

Drunk driver prosecutor flees from cops

Posted on January 25, 2011
Police: Alleged drunk solicitor fled from officers - Atlanta Journal Constitution A DeKalb County solicitor fled from officers and was so intoxicated that he couldn?t answer questions or maintain his balance... Wystan Getz, an assistant solicitor, remains on unpaid administrative leave while the solicitor-general conducts an internal investigation...

Attorney Disbarred in Bizarre Sex Case

Posted on January 25, 2011
Attorney Disbarred for Videotaping Minor's Sex Acts With Inmates The National Law Journal The Supreme Court of Louisiana has permanently disbarred attorney Noland James Hammond for taking a 16-year-old girl into a jail and videotaping her having oral sex with clients being held there...

Suing the Court

Posted on January 09, 2011
An unpopular attorney had just finished trying a case in the County Courthouse and was on his way back to his office. As he exited the Courthouse he slipped on a banana peel that had been discarded on the Courthouse steps. It was a grand slip and he completed an entire flip before landing on his butt in front of a crowd of amused onlookers...

Is he America's worst cop?

Posted on January 07, 2011
Is her America's worst cop, or perhaps simply the most heartless (he certainly was blasted all over the media today)? Sometimes one can use discretion and NOT write a ticket. NH trooper helps speeding dad-to-be, issues ticket AP ? Wed Jan 5, 10:08 am ET LONDONDERRY, N...

Banks caught defrauding homeowners again

Posted on January 07, 2011
Banks lose important ruling on foreclosures NEW YORK (Reuters)? In a decision that may affect foreclosures nationwide, Massachusetts' highest court voided the seizure of two homes by Wells Fargo & Co and US Bancorp after the banks failed to show they held the mortgages at the time they foreclosed...

The ever-unethical Justice Scalia

Posted on January 04, 2011
Scalia to talk about Constitution to House members Los Angeles Times The Supreme Court justice's decision elicits criticism that he's showing 'exceedingly poor judgment.' Some worry the court is injecting itself into partisan politics. There He Goes Again New York Times Justice Antonin Scalia has a knack for drawing unflattering light to himself and the Supreme Court...

H&R Block taxpayer ripoff banned

Posted on December 28, 2010
Great news - HR Block won't be able to ripoff its customers anymore (too bad its competition still can):H&R Block's refund loans hit regulatory hurdle BANGALORE (Reuters) December 28, 2010 ? H&R Block Inc, the largest U.S. tax preparer, said it will not be able to help customers borrow money against their tax refunds in the coming months, as the bank that was supposed to provide the loans is under a regulatory directive not to...

Expecting a tax refund? Here's bad news

Posted on December 26, 2010
IRS Delays Start of Filing Season for Taxpayers With Itemized Deductions Bloomberg - ýDec 23, 2010ý US taxpayers who itemize their deductions will have to wait until middle to late February 2011 to file their 2010 tax returns, the Internal Revenue Service said...

Suing Anonymous Porn Downloaders

Posted on December 20, 2010
Judge Drops Thousands of Anonymous Alleged Porn Downloaders from Suits AmLaw Daily One of the harsh realities of business, if your business happens to be pornographic film production, is that your customers tend to prefer anonymity. And none more so than that portion of your customer base that is allegedly engaged in the illicit online sharing of such titles as Pornstar Superheroes and Massive Asses 5...

Ethics violation by federal judges

Posted on December 11, 2010
Federal judges urged to quit private group's board AP ? Fri Dec 10, 10:53 am ET WASHINGTON - Three prominent federal appellate judges are on the board of an anti-regulation group that provides free seminars and trips to judges, although an ethics opinion says such service violates judicial rules designed to avoid favoritism...

GMAC, BOA & Wells Fargo caught stealing

Posted on December 08, 2010
In a series of descipcable criminal acts by Bank of America. Wells Fargo, and GMAC, the three lenders have engaged in a pattern of stealing homes from people who do not even owe them money. One wonders why state prosecutors have yet to arrest bank officials for clear and deliberate theft and racketeering...

Govt goes after counterfeit goods online

Posted on November 28, 2010
U.S. Agency Seizes Sites Suspected of Piracy, Counterfeiting Wall Street Journal - ?Nov 26, 2010? Federal authorities have shut down more than 70 websites in one the broadest actions yet against companies the government suspects of selling counterfeit or pirated products...

Bankruptcy Judge Sanctions Lawyer

Posted on November 15, 2010
Bankruptcy Judge Sanctions Lawyer for $110,000 , Warns About Being ?SequaciouslyServile? ABA Journal A Nevada bankruptcy judge has sanctioned a lawyer $110,000 in legal fees for being too trusting. A lawyer for one of the owners of the Blue Pine Group told lawyer David Winterton that all of the corporate directors had passed a resolution authorizing a bankruptcy filing...

Dead man arrested for kidnapping

Posted on November 14, 2010
FBI: Man once thought dead arrested in kidnapping AP ? JACKSON, Miss. - A man who was declared legally dead 16 years ago in Mississippi was arrested Sunday in the kidnapping of a slain Las Vegas girl whose body was found in the woods of central Louisiana...

Can you be fired for your Facebook page?

Posted on November 09, 2010
It's now a little safer to complain about your boss on Facebook Digital Trends A federal agency ruled today that it was illegal for a company in Connecticut to fire a woman who lewdly criticized her supervisor on Facebook. In what could easily be the first of many cases of its kind, the National Labor Relations Board argued that Dawnmarie Souza?s Facebook rant against her boss was well within her First Amendment rights More discussion of this issue: http://forums...

Would you like fries with that divorce?

Posted on October 22, 2010
Conn. law firm in old restaurant keeps drive-thru AP ? Thu Oct 21, 3:08 pm ET MANCHESTER, Conn. - Legal service at one Connecticut firm can now be as easy to get as a hamburger and fries. The Kocian (KOH'-see-ehn) Law Group has opened a drive-through office in a building that once housed a former Kenny Rogers Roasters.

Your online friend is a bill collector

Posted on October 21, 2010
Your online friend is a bill collector "Be wary of those invitations to be your friend on Facebook or requests to follow your tweets.They could be from debt collectors trying to gather personal information about you in their pursuit of payment, warns Consolidated Credit Counseling Services...

Put Bank of America's CEO in jail?

Posted on October 18, 2010
It is time to start putting some bank executives in jail. Falsifying notarized documents is a crime, and those prosecuted should include the CEO. He should rot in jail for a long time (and needs to be taught a lesson). States have been far too easy on the foreclosure scandal at BOA and other banks...

You bought a foreclosed home. Now what?

Posted on October 16, 2010
You bought a foreclosed home. Now what? AP ? Fri Oct 15, 5:28 pm ET It seemed too good to be true: You bought a house in foreclosure at a fraction of the former price. Maybe you even knocked out a wall or two and remodeled with all the money you saved...

Kansas disbars a really bad lawyer

Posted on October 13, 2010
Kansas Attorney Disbarred Over High Fee, Disrespect to Judge and Court StaffThe National Law JournalThe Supreme Court of Kansas has disbarred a Kansas City attorney for charging $3,500 an hour to handle a soldier's case and for making offensive remarks to a judge and court staff...

Don't Ask, Don't Tell

Posted on October 13, 2010
DON'T ASK DON'T TELL INJUNCTION (LOG CABIN REPUBLICANS V. US) Findlaw(U.S. Dist. Ct., Cent. Dist. CA) - A federal judge in California has found that the military policy that excludes homosexuals from military service, Don't Ask Don't Tell, violates the First and Fifth Amendments to the United States Constitution...

Mississippi Judge disgraces the bench

Posted on October 08, 2010
Here is a judge who does not respect the Constitution and needs to be immediately kicked off the bench (as much as I respect the pledge, I respect free speech and the Constitution more): Miss. judge again asks courtroom to say pledge TUPELO, Miss. (AP) ? A Mississippi judge again asked everyone in his courtroom to stand and pledge allegiance to the flag, despite an uproar over whether he has the right to make such a request...

Windy day ends in reprimand for attorney

Posted on October 07, 2010
Windy day ends in reprimand for attorney National Law Journal An Indiana adoption lawyer whose client files were scattered in the wind after his adult children left boxes of them beside a recycling bin has received a public reprimand. The Indiana Supreme Court on Sept...

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