tagged w/ Judge
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Andrew Vactor was facing a $150 fine for playing rap music too loudly on his car stereo in July. But a judge offered to reduce that to $35 if Vactor spent 20 hours listening to classical music by the likes of Bach, Beethoven and Chopin.
Vactor, 24, lasted only about 15 minutes, a probation officer said.
It wasn't the music, Vactor said, he just needed to be at practice with the rest of the Urbana University basketball team.
"I didn't have the time to deal with that," he said. "I just decided to pay the fine."
Champaign County Municipal Court Judge Susan Fornof-Lippencott says the idea was to force Vactor to listen to something he might not prefer, just as other people had no choice but to listen to his loud rap music.
"I think a lot of people don't like to be forced to listen to music," she said.
She's also taped TV shows for defendants in other cases to watch on topics such as financial responsibility. As she sees it, they get the chance to have their fine reduced "and at the same time broaden their horizons."Andrew Vactor was facing a $150 fine for playing rap music too loudly on his car... more
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This strange story was revealed by Corriere della Sera that an Italian woman who worked as a part time judge use to substitute her twin identical sister in court so that she would not lose out on legal fees if she had two engagements on same day.This strange story was revealed by Corriere della Sera that an Italian woman who... more
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afridi
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Judge Declares Mistrial in RIAA-Jammie Thomas Trial
Remember that woman that lost a case with the RIAA for sharing music online.
The RIAA tries to sue the single mom for a few 100 thousand.
Well, a judge has declared that the RIAA needs to stop being such dicks and actually have proof next time.
So as far as I know, the RIAA has never ever won a case.
Judge Declares Mistrial in RIAA-Jammie Thomas Trial
Remember that woman that lost a... more
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Bell ExpressVu's charge to customers who fail to pay their monthly bill on time is illegal, an Ontario judge has ruled in a class-action lawsuit that throws into disarray the common corporate practice of charging consumers late fees.
Bell ExpressVu's charge to customers who fail to pay their monthly bill on time... more
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SAN FRANCISCO (Reuters) - A federal appeals court on Thursday declined to rule on whether lawsuits seeking to target President George W. Bush's warrantless wiretapping are covered by secrecy laws or can be challenged in court.
Citing the FISA Amendments Act of 2008, a three-judge panel of the 9th U.S. Circuit Court of Appeals on Thursday sent the case entitled "Hepting v AT&T" back to a district court that had heard an earlier case.
The Foreign Intelligence Surveillance Act governs wiretapping of foreign agents but also spells out ground rules for investigating U.S. citizens suspected of espionage.
The suit against AT&T alleged the telecom company violated federal privacy laws by helping the government wiretap U.S. Internet users. The 9th Circuit panel heard arguments last August but waited to publish its ruling until now.
Companies including AT&T Inc and Verizon Communications Inc face dozens of suits accusing them of improper participation in a warrantless wiretap program launched by Bush after the September 11 attacks.
Earlier this year, the Democratic-led Congress retroactively shielded phone companies from such suits, on the basis that immunity was needed to win future wiretap cooperation. Some Democrats and civil liberties advocates countered that companies should be held accountable for participating in a program critics say was illegal.SAN FRANCISCO (Reuters) - A federal appeals court on Thursday declined to rule on... more
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HUNTSVILLE, Texas (AP) — A federal judge delayed the planned execution of an inmate Thursday pending an evaluation to determine if the inmate is able to understand why he is to be put to death.
Jeffery Wood was to have been executed Thursday evening for taking part in the 1996 robbery of a convenience store in which a clerk was fatally shot.
But U.S. District Judge Orlando Garcia in San Antonio granted a request by Wood's attorneys to delay his execution so they could hire a mental health expert to pursue their arguments that he is incompetent to be executed. Texas courts had previously refused similar appeals.
Wood's "motion presents non-frivolous arguments suggesting (he) currently lacks a rational understanding of the connection between his role in his offense and the punishment imposed upon him," Garcia wrote in his order.
While Garcia wrote that the evidence was far from compelling, there were enough facts to conclude Wood had made a "substantial threshold showing of insanity."HUNTSVILLE, Texas (AP) — A federal judge delayed the planned execution of an... more
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A judge told a pensioner who killed his wife that stopping him going to the pub would be a "more meaningful" sentence than sending him to jail, the Telegraph reports.
Edward Flaherty, 74, was convicted of strangling his 69-year-old wife Ina with a tie after she refused to give him money to go out drinking.
But Lord Matthews said that his dementia made him unsuited to prison and instead imposed a one year restriction of liberty order which will keep him inside his home during opening hours.
He will be tagged and banned from leaving his home in Glasgow between 11am and 11pm after being found guilty of culpable homicide.
The sentence comes after changes to the murder laws in England and Wales were announced last week which will mean that husbands who kill nagging wives will no longer be able to claim they were provoked.
The reforms were designed to ensure that domestic violence is treated like other forms of homicide. The claim of provocation was said to be used by most male defendants who were denying murder of a female partner.
At the High Court in Glasgow, the judge told Flaherty: "You were found guilty of the culpable homicide of your wife who you were together with for many years. In normal circumstances this would attract a prison sentence in double figures.
"I have read and considered a number of reports from experts. It is plain to me that if I were to impose that sort of sentence you would be released in a very short time because prison would not be able to cope with your condition.
"Sentencing you would just be a token gesture. I am anxious to impose a sentence that restricts your liberty.
"You still go to the pub where you went with your wife. That must annoy her relatives. Not being able to go there will be a more meaningful disposal than a prison sentence which will not last long."
Flaherty went on trial last year accused of murdering his wife but was convicted by a jury of the reduced charge of culpable homicide.
The jury was told that only slight pressure around Mrs Flaherty's neck could have caused her death because of the condition of her arteries.
Some jurors wept as he told the court that he and his wife had a "strong and firm" marriage which lasted 52 years. He had never once struck her, and she had never hit him.
During the trial he said he had no recollection of the moment he strangled her. But when asked who had killed her, he said: "It must have been me. There are no ghosts running about the house who would have done that."
Is this kind of sentence suitable for a convicted murderer, even if they do have dementia? Are the media making too big a deal of the 'banned from the pub' angle when in fact he's banned from leaving his house during most daylight hours?
A judge told a pensioner who killed his wife that stopping him going to the pub would... more
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The Evening Standard reports that a boy has been 'given' two fathers in a landmark Court of Appeal ruling which declares there is "no limit" to the number of parents a child can have.
The country's most senior family court judge, Sir Mark Potter, decided that a man who brought up the boy believing him to be his own child was entitled to parental rights - even though he has turned out not be the father.
The ruling means that the child now effectively has two fathers and that the person who raised him, referred to only as Mr A, has the same rights as the boy's biological parent.
In addition to granting Mr A parental rights, the judge added that it was possible for a child to have any number of parents and that parental rights should be determined both by the role a person played in a child's life and by biology.
What do you think? How many parents should a child have? How can more than two parents juggle all the decision-making for their child? And who would have the casting vote!?
The Evening Standard reports that a boy has been 'given' two fathers in a... more
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For nearly two years, a South Florida middle school art teacher forced a boy to have sex in a classroom supply closet. But Aaron Mohanlal, here in his sex offender registration photo, was allowed to stay out of prison on bond.
Sometimes, Mohanlal would call in sick to work, take the boy to his home for sex and drop the seventh-grader back off at school at the end of the day.
To keep the abuse secret, Mohanlal bought his 13-year-old victim a cell phone and created nicknames for their genitalia. When police arrested him, the teacher was caught on hidden video trying to destroy letters threatening the boy if he ever told.
Last summer, a Broward County jury convicted Mohanlal of 13 counts, including child abuse, molestation and lewd battery, and a judge sentenced him to 43 years.
But a year later, Mohanlal has yet to spend a day in prison.
"I can't understand why he isn't behind bars," said the victim, now 18.
"I want to move on with my life. I'm trying to graduate high school and forget about this," he said. "I try not to think about it, but it's hard, because all I can think about is, what if he's out there around other kids?"
Weeks after the trial, Broward Circuit Judge Marc Gold, who presided over the trial and sentenced Mohanlal, granted the teacher a rare bond that allows him to remain free while his case is tried on appeal, a process that could take years.
The judge gave Mohanlal the right to live, work, travel and attend church in South Florida, according to numerous interviews and documents CNN has obtained. The judge ordered Mohanlal to wear a GPS device, register as a sex offender and surrender his passport.
He stipulated that Mohanlal cannot contact the boy and his family but did not order him to stay away from children, according to a transcript of the July 2007 bond hearing.
Post-conviction bonds are rarely given in criminal trials, but judges occasionally grant them if there was a procedural error during trial that would make a conviction reversal at the appellate level likely, legal experts say.
But there were no procedural mistakes during Mohanlal's trial, both prosecutor Anita White and defense attorney Steve Rossi said.
Gold refused to talk on record about why he granted the bond. He would only give this statement: "The simple truth is that I had to rule based on what was presented to me during that hearing. And I took everything into consideration and felt a bond was appropriate."
"This was one of the most disturbing cases I've ever worked on, and there's no doubt in my mind that Aaron Mohanlal is a dangerous person," said Miramar Police Sgt. Jeff Armiento. "I don't see what would stop him from doing this to other kids."
"This guy has all the reason in the world to take off," said Florida state criminologist Tom Blomberg, who conducted a 2006 study of sex offenders who are monitored by wearable GPS devices. "He's looking at prison for the rest of his life, and child molesters are almost always victimized in prison. He has to know that.
"This is not effective monitoring. In fact, it's a little bit beyond imagination what's going on here," Blomberg said. "The [GPS] technology works; that's not the problem. Police can only do so much. The question is whether this guy should be out of prison.
"This seems like a system failure on down."
Should judges be able to make decisions like this, that affect a crime victim, their family and a community as a whole, without having to justify them? Should loopholes like this that allow convicted criminals to avoid jail if their cases are likely to be appealed even exist? Do you trust that GPS tagging systems do what they're supposed to?
For nearly two years, a South Florida middle school art teacher forced a boy to have... more
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Despite what we hear today . . .
1. THE JUDICIARY IS NOT A CO-EQUAL BRANCH OF GOVERNMENT
The legislative authority elected by the people necessarily predominates.
2. THE JUDICIARY IS NOT TO BE AN INDEPENDENT BRANCH OF GOVERNMENT
If the judges are made independent they will become a dangerous body.
3. THE JUDICIARY IS NOT THE SOLE BRANCH CAPABLE OF DETERMINING CONSTITUTIONALITY
The judges must interpret the laws; they ought not to be legislators.
4. FEDERAL JUDGES DO NOT HOLD LIFETIME APPOINTMENTS .
Federal judges may be removed by Congress for misbehavior
5. THE PURPOSE OF THE SUPREME COURT IS NOT TO PROTECT THE MINORITY FROM THE MAJORITY, AND CONGRESS IS A BETTER PROTECTOR OF MINORITY RIGHTS THAN IS THE JUDICIARY.
Congress is a better guardian of the people and the minority than are the courts who extended slavery in America for 70 years
Despite what we hear today . . .
1. THE JUDICIARY IS NOT A CO-EQUAL BRANCH OF... more
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Sophie Lancaster, 20, was kicked and stamped to death by Brendan Harris, 15, and Ryan Herbert, 16, in Stubbylee Park in Bacup, Lancashire, last summer.
The pair turned on her as she tried to get them and three other youths to stop attacking her boyfriend, Robert Maltby.
~~~
What made this news stand out to me was what the judge said to the boys who killed her in court.
"This was a terrible case which has shocked and outraged all who have heard about it. At least wild animals, when they hunt in packs, have a legitimate reason for so doing, to obtain food. You have none and your behaviour on that night degrades humanity itself."
He described the Goth community as "perfectly peaceful law-abiding people who pose no threat to anybody" and added: "This was a hate crime against these completely harmless people targeted because their appearance was different to yours."
Good for you, judge, for saying those things. It's true.Sophie Lancaster, 20, was kicked and stamped to death by Brendan Harris, 15, and Ryan... more
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In a precedent-setting decision Thursday, an Alberta judge sentenced a drunk driver who killed four people to more than 20 years in prison, and moved to block people convicted of similar crimes from serving their sentences in the community.
In a precedent-setting decision Thursday, an Alberta judge sentenced a drunk driver... more
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Alex Kozinski, who is presiding over an obscenity trial in L.A., admits he posted sexually explicit photos and videos. He says he didn't think the public could see the site, which is now blocked.
An obscenity trial in Los Angeles federal court was suspended today after LA Times reported that the judge presiding over the case has maintained his own publicly accessible website featuring sexually explicit photos and videos.
Alex Kozinski, chief judge of the U.S. 9th Circuit Court of Appeals, acknowledged that he had posted the materials, which included a photo of naked women on all fours painted to look like cows and a video of a half-dressed man cavorting with a sexually aroused farm animal. Some of the material was inappropriate, he conceded, although he defended other sexually explicit content as "funny."
Kozinski said that he thought the site was for his private storage and that he was not aware the images could be seen by the public, although he also said he had shared some material on the site with friends.
Alex Kozinski, who is presiding over an obscenity trial in L.A., admits he posted... more
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You can listen to the ad by clicking on the link above.
Gov. Paterson's unilateral decision to recognize in New York same sex marriages legally wed in other states or other countries, after NY Appelate court said it's up to the legislature, is an outrageous attempt to evade New York's marriage laws.
Why after Gov. Eliot Spitzer sudden resignation for adultery and Gov. Paterson admission to multiple affairs are these politicians messing up with other people marriages?
You can listen to the ad by clicking on the link above.
Gov. Paterson's... more
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A Wisconsin judge has ruled that the state marriage protection amendment is constitutional.
The court recognized that the principle of government of, by and for the people means honoring the will of the people when they go through the proper process to amend a state's constitution.
In upholding the amendment, Judge Niess found that the amendment sole purpose was "the preservation of the unique and historical status of marriage" and that it was, therefore, properly enactedA Wisconsin judge has ruled that the state marriage protection amendment is... more
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According to the constitution of California, only the legislature or the voters can make new laws states Randy Thomasson, president of the Campaign for Children and Families.
The Constitution says that the judiciary cannot plays the role of the legislature.
He says that the California Supreme court ruling "violated the separation of powers provision" of the California Constitution.
He is urging Californians to call their county clerks and demand that they follow the constitution, follow the law, and respect the democratic process by only issuing traditional marriage licenses until the statutes or the constitution is changed to say otherwise.According to the constitution of California, only the legislature or the voters can... more
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Donald Thompson, the former Creek County judge who became known as the “penis pump judge” after he was convicted of indecent exposure while adjudicating trials, has been released from prison.
Thompson, 61, married and the father of three adult children, was convicted in September 2006 on four counts of indecent exposure for using a penis pump while presiding over four trials in 2002 and 2003. He was sentenced to four, one year sentences in state prison, to be served consecutively, and fined $40,000. He has served about 20 months in prison. He will have to register as a sex offender with the Oklahoma Corrections Department and the Sapulpa Police Department within 72 hours.
The former judge had claimed the penis pump was a gag gift on his 50th birthday from a friend and despite eyewitness accounts, including police officers, he claimed he never used it.
Thompson had turned down a plea deal pre-trial which would have spared him prison with a guilty plea to three misdemeanor counts of outraging public decency. The plea deal would also have allowed him to keep his $93,468 annual pension.
A former court reporter testified during Thompson’s trial that she had seen Thompson’s penis “12 to 15 times” during trials. Thompson had fired the court reporter in 2004 after she testified before a state judicial commission about his alleged use of the penis pump in the courtroom.Donald Thompson, the former Creek County judge who became known as the “penis... more
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A judge has sentenced a defence attorney to 90 days in jail for making a lewd gesture and simulating masturbation whilst standing before a County Court-at-Law judge.
The lawyer's lawyer asked for a custodial sentence of 24 hours, but visiting State Judge Paul Davis said it was his "honour to uphold the integrity of the judicial process" and sentenced Reposa to 90 days.
In a closing argument, First Assistant County Attorney Randy Leavitt said Reposa's gesture was just the latest in a string of offensive behaviour, which included calling prosecutors vulgar names in court. A judge has sentenced a defence attorney to 90 days in jail for making a lewd gesture... more
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Unidentified gunmen have shot and killed the deputy chairman of the top court in Russia's troubled region of Ingushetia, which borders Chechnya (pictured). Khasan Yandiyev died instantly of sustained wounds. An investigation is now underway.
Ingushi authorities blame Muslim radicals, both local and from neighbouring Chechnya, for recent violence in the region. Their opponents say the new bout of attacks is a result of the local government's ineffective and repressive policies.Unidentified gunmen have shot and killed the deputy chairman of the top court in... more
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The three teenagers arrested for the murder of Gary Newlove outside his home in Warrington have been sentenced. Adam Swellings was jailed for life with a minimum sentence of 17 years. Stephen Sorton was handed a 15-year minimum sentence, and Jordan Cunliffe will serve at least 12 years. Newlove was "kicked like a football" by the gang after challenging the gang of youths for vandalising his wifes car parked outside his home.
The tragic death has caused many questions to be asked about what appear to be an increase in violent behavior of Britain's youth. New figures show that Firefighters are being attacked on an almost systematic basis, 40 times a week, and the number of violent attacks on teenagers has risen over the last decade. Are sections of the British youth totally out of control or is it a media frenzy distorting a tragedy?The three teenagers arrested for the murder of Gary Newlove outside his home in... more
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