Yes, Someone Would Stoop This Low To Try To Avoid Getting A Speeding Ticket

What lengths would you go to in order to avoid a speeding ticket? Ladies, would you fire up the waterworks? Gents, would you throw yourself on the mercy of the officer? You won’t believe what this guy did. As reported by WFTV.com:

A man is accused of calling 911 to say that a murder was about to take place, but West Melbourne authorities said the caller was just trying to get out of a traffic stop.

Yes, you read that correctly.

Police said that Julius Lupowitz called 911 to report a murder in hopes that the officer who stopped him would respond to the priority call on Wingate Boulevard rather than write him a citation.

Lupowitz is heard in the call saying there was a man with a gun and that someone was going to get shot and then the call is disconnected.

“I see there’s a murder that’s going to happen, I swear, on Wingate, on Wingate. No, Wingate and Wickham. No, on Wingate and Hollywood, Wingate and Hollywood,” the man said in the call to 911. “I swear there’s going to be a murder any second. I swear there’s a man with a gun.  Please, I just called, it’s Wingate and Hollywood.”

The 911 operator received a second call from the same man, telling the same story. As the operator probed the caller for more information, he again disconnected the line.

But this lead-footed criminal genius was no match for the 911 dispatcher.

A quick-thinking Brevard County Sheriff’s Office dispatcher did a search for prior incidents associated with the telephone number the 911 calls came from to find the phone belonged to Lupowitz. West Melbourne Police Officer Ted Salem was on the traffic stop when the 911 calls were received.

As he attempted to quickly end the stop to respond to the priority call, he overheard the dispatcher relay over the air that Lupowitz was the telephone owner.

“When she broadcast that information, our officer was standing at the door of Mr. Lupowitz’ vehicle and realized it was the same person making the 911 calls,” said Richard Cordeau, with the West Melbourne Police Department.

Toast.

Police said Lupowitz would have only received a $209 speeding fine, but now, he faces a third-degree felony charge for misuse of the 911 system and he still received the citation. Police said that charge could land him in jail for up to five years if convicted.

Lupowitz was arrested later at his home without incident, police said.

“This incident needlessly tied up a critical component of public safety. The 911 system is intended for people who truly need help. In addition, these false calls created an unnecessary delay in our officers’ ability to respond to true emergencies,” said Lt. Cordeau of the West Melbourne Police Department.

He was turned over to the Brevard County Sheriff’s Office and given a $2,000 bail amount.

You’ll find the source, and a mug shot, if you click here.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/GiCHCOM83m0/asdf-35.html

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Federal appeals court postpones execution over drug secrecy

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Saturday postponed [opinion, PDF] an Arizona death row inmate's execution until prison officials reveal details on the two-drug combination that will be used for the lethal injection. Joseph Wood's attorneys argued [AP report] that their client's First Amendment rights were violated by the prison officials withholding detailed information on the drugs used for his lethal injection. Wood requested the information following recent procedural issues with legal injections...

Source: http://jurist.org/paperchase/2014/07/federal-appeals-court-postpones-execution-until-drug-source-revealed.php

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Model Rules for the Modern Lawyer: Leveraging Technology to follow ABA Guidelines

As the rate of new technology increases, it becomes more difficult for lawyers to keep up with industry standards for protecting client data confidentiality. In addition to the rigors of day-to-day practice, attorneys are expected to be familiar with terms such as SSL 256, SaS 70, and SSAE 16. On this episode of the Un-Billable Hour, host Chris T. Anderson interviews The Droid Lawyer blogger, Jeffrey Taylor. Together they discuss the importance of attorneys staying current through workshops, blogs, conferences, and state bar associations. In addition, tune in to learn more about the security issues associated with cloud-based vs. server-based practice management software solutions.
Jeffrey Taylor is the author of The Droid Lawyer blog. The blog discusses Android mobile operating system for lawyers. The Droid Lawyer is one of the ABA Journal's Top 100 law blogs, and one of Biztech Magazine's Top 50 Must Read IT Blogs. Jeff is an attorney in Oklahoma City, Oklahoma.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2014/05/model-rules-modern-lawyer-leveraging-technology-follow-aba-guidelines

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Professors Protest Curbs on Drones; D.C. Handgun Ban Ruled Unconstitutional

The AM Roundup: Law Blog rounds up the morning's news.

Source: http://blogs.wsj.com/law/2014/07/28/professors-protest-curbs-on-drones-d-c-handgun-ban-ruled-unconstitutional/?mod=WSJBlog

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How Bad Ideas Grow Legs

Last January, Instapundit lawprof Glenn Reynolds wrote a short essay that became the darling of many folks who take an interest in criminal justice issues entitled Ham Sandwich Nation: Due Process When Everything is a Crime. To be kind, it was a simplistic rehash of long-time, discredited silver-bullet solutions to complex problems. The only virtue was that it came from Reynolds, who was a law professor and thus credible by definition even though he was dabbling at the edges of an area of law about which he knew nothing.

It was excoriated here. Gideon beat it up at A Public Defender as well. Unlike Reynolds, this wasn't a theoretical exercise for us. We lived with the problems, and would wind up living with whatever inane solution seemed like a cool idea to an academic.  Whereas Reynolds' mantle of scholarly credibility was an asset for others whose interest came from a distance, ours was nuts and bolts, from living with the detritus of bad ideas in the trenches.

Radley Balko took us to task for being critical of Reynolds. The Agitator offered a homily of cooperation, arguing that we ought to work with luminaries like Reynolds rather than saying mean things like their ideas aren't fabulous. After explaining what was horribly wrong with a particular idea promoted by Reynolds that Radley found especially interesting (loser pays in criminal litigation), I wrote:

Radley also questioned by twit why I wasn't more open to embracing the ideas proffered by Glenn Reynolds and Conor Friedersdorf, "And it's probably more productive to engage, persuade new allies than to shun and mock them."  Since I hate to be a shunner or mocker, and I try to be relatively informative as reflected in this response to Radley's query, I look forward to Reynolds and Friedersdorf, our new allies, engaging. Engage away, guys. Your turn.

Of course, I was shunning and mocking, just as Radley said. But then, I had no plan to suck up to Reynolds in an effort to gain him as an ally anymore than I planned to teach a pig to sing. As players in punditry go, Reynolds is a major player,* and he enjoys his importance. He doesn't swim with minnows like Gid and me. At most, he eats us for a snack. Radley may have been well-intended, but didn't really appreciate the pecking order.

Of course, there was nothing to stop Reynolds, either before or after he published his Ham Sandwich essay, from speaking with people who were actually knowledgeable about criminal law, whether that was Gid and/or me, or some other trench lawyers, who could explain why good ideas on paper don't play as well in the courtroom.  But no. He didn't. Since it was his essay being published to enlighten the world, it was his duty to get a clue, and his choice not to.

My point to Radley at the time was the when loud voices with ascribed credibility write something like this, bad things happen. Bad ideas are taken more seriously. Other people will mistakenly assume that Reynolds, lawprof and all, has a clue what he's talking about and his ideas must have merit. After all, lawprofs could never be wrong about lawstuff.  And now that Reynolds had rung the bell, it could not be unrung.

George Will, certainly one of this country's leading conservative intellectuals, heard the peal of Reynolds' bell this week. In an otherwise excellent column on Senators Leahy and Rand's efforts to provide a backdoor to mandatory minimums (which raises the question of why they aren't seeking to end mandatory minimums through the front door, but we'll take it anyway they offer it), Will goes from the sublime to the ridiculous:

The House Judiciary Committee has created an Over-Criminalization Task Force. Its members should read “Three Felonies a Day: How the Feds Target the Innocent,” by Harvey Silverglate, a libertarian lawyer whose book argues that prosecutors could indict most of us for three felonies a day. And the task force should read the short essay “Ham Sandwich Nation: Due Process When Everything Is a Crime” by Glenn Harlan Reynolds, a professor of law at the University of Tennessee. Given the axiom that a competent prosecutor can persuade a grand jury to indict a ham sandwich, and given the reality of prosecutorial abuse — particularly, compelling plea bargains by overcharging with “kitchen sink” indictments — Reynolds believes “the decision to charge a person criminally should itself undergo some degree of due process scrutiny.”

He also suggests banning plea bargains: “An understanding that every criminal charge filed would have to be either backed up in open court or ignominiously dropped would significantly reduce the incentive to overcharge. . . . Our criminal justice system, as presently practiced, is basically a plea-bargain system with actual trials of guilt or innocence a bit of showy froth floating on top.”

While Instapundit is a Big Kahuna on the interwebz and among academics, George Will has a soap box that dwarfs Reynolds. And he's taken Reynolds' "ideas" mainstream, not only crediting Reynolds for his position as an academic, but taking for granted that he's got criminal law chops.  It's unlikely that George checked Reynolds out at Tennessee Law School, where he teaches Administrative Law, Constitutional Law, Law, Science, and Technology, Space Law, Internet Law. See criminal law in there? See anything in his past to suggest even a passing familiarity with the actual practice of criminal law? Me neither.

Yet, I look forward to some fine senators extolling the virtue of a dangerous and hare-brained reform of the law, citing to Glenn Reynolds' Ham Sandwich essays as the font of practical criminal law brilliance.  Because the myth has now been created and George Will gave it legs.

And this is how we end up with monumentally bad ideas being enshrined in law.


* For those who aren't familiar with Instapundit, this from Reynolds' Wikipedia page: 

Much of Instapundit's content consists of links to other sites, often with brief comments. (His frequent use of "heh," "indeed," and "read the whole thing" have been widely imitated and are often parodied by other bloggers.) Reynolds encourages readers to explore the wider blogosphere and to fully read articles and posts to which he links.

And that's the foundation for being a major player on the internet.

© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.

Source: http://blog.simplejustice.us/2013/07/10/how-bad-ideas-grow-legs.aspx?ref=rss

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The New Pregnancy Drug Law in Tennessee

On July 1st a new law took effect in Tennessee that allows prosecutors to pursue criminal assault charges if the mother uses illegal drugs during pregnancy. Although it had widespread bipartisan support and is designed to fight Neonatal Abstinence Syndrome, some believe it to be an unconstitutional infraction on privacy, equal protection, and due process. On this episode of Lawyer 2 Lawyer, host J. Craig Williams interviews Tennessee House Representative Mike Carter and Legal Director for the American Civil Liberties Union of Tennessee Thomas Castelli. Together they discuss maximum penalties, the law's effect on demographics, and treatment based defenses to punishment. Tune in to hear why the Tennessee General Assembly believes this law is their only option and the reasons the ACLU is fighting it.
Thomas H. Castelli is the Legal Director for the American Civil Liberties Union of Tennessee. Prior to joining the ACLU, he provided litigation counsel to businesses and law firms with Counsel on Call and was a founding partner with Castelli and Knox, LLP, a small general practice firm with an emphasis on employment discrimination and wrongful discharge. He also worked as an associate at Schulten, Ward and Turner, LLP as well as Sutherland, Asbill and Brennan, LLP, where he focused on employment, construction, bankruptcy and general business litigation. He is a native Tennessean who grew up in Murfreesboro.
The Honorable Mike Carter is a House Representative in the Tennessee General Assembly. He is a life-long resident of Ooltewah, Tennessee and practiced law for twenty years before being appointed as Judge, now retired, in 1997 by then Governor Don Sundquist. In 2009, Mr. Carter served as Special Assistant to then County Mayor Claude Ramsey. In 2012, he ran unopposed as a State Representative to serve the people of the newly created 29th District of Tennessee. Carter serves on the House Civil Justice Committee, House Finance Ways and Means Committee, and the House Ethics Committee. He also serves on TACIR (Tennessee Advisory Commission on Intergovernmental Relations) and the House Judicial Oversight Panel.
Special thanks to our sponsor, Clio.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2014/07/new-pregnancy-drug-law-tennessee

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Nurse Has Sovereign Immunity

An Orange County Circuit Court grants a special plea of sovereign immunity to a defendant who provided nursing services at a county nonprofit nursing facility. In the requests for admission, plaintiff admitted Dogwood Village was a nonprofit nursing facility owned by Orange County and overseen by the Health Center Commission of Orange County, and that ...

Source: http://valawyersweekly.com/2014/01/02/nurse-has-sovereign-immunity/

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Data Breaches, eDiscovery, and the Importance of Digital Forensics

Every law firm can run into incidents of employee misconduct, data breaches, and intellectual property theft. In the age of modern technology, data breaches, insider trading, and other security problems require extensive technological forensics. Partners and firm owners, as well as lawyers working within the firm, need to understand why a digital investigation is needed, what steps should be taken within an investigation, and who should be involved. Having this knowledge can save the firm thousands of dollars while uncovering the truth.
In this episode of Digital Detectives, Sharon Nelson and John Simek interview ediscovery and compliance attorney Patrick Oot about how attorneys should be prepared on technology issues when they start to investigate criminal and civil matters. Everyone leaves technology footprints, Oot explains. Whether dealing with an internal investigation or with client data, the most important asset is unbiased, comprehensive, and well documented research. When hiring a digital investigator, the firm should always find an outside expert who is experienced with data breaches, understands how data moves through the system, and can manage proper narrative to the regulators. Properly conducting a digital investigation can make the difference in the credibility and success of a law firm.
Patrick Oot is a partner in the DC office of Shook Harty and Bacon LLC where he leads the practice on e compliance and digital investigations. He is one of the few ediscovery and compliance attorneys in the nation that possesses the tripartite experience of an in-house corporate counsel from a fortune 16 organization, a senior attorney at a federal regulatory agency, and a partner in a large law firm. Patrick has extensive experience advising on discovery and investigative matters involving commercial litigation, compliance, regulatory requests, antitrust matters, and personnel issues.
Special thanks to our sponsor, Digital WarRoom.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2014/07/data-breaches-ediscovery-importance-digital-forensics

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SMU's Next Law Dean Has Administrative Background

Southern Methodist University has named Wake Forest University Vice Provost Jennifer Collins as the next dean of its Dedman School of Law. Collins, who has also taught law at Wake Forest since 2003, will assume the SMU deanship in July.

Source: http://www.nationallawjournal.com/id=1202634048159?rss=rss_nlj

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77% of Lawyers Can’t Be Trusted With Confidential Client Data

All lawyers have an ethical obligation to employ security measures when sharing information and data with their clients. Whether that means encrypting all important emails or properly researching cloud based file-sharing services like Dropbox, it is incumbent on lawyers to understand the levels of security available. LexisNexis recently did a survey on what tools lawyers and legal professionals are using to protect their clients' privileged information. 77% of the lawyers surveyed did not have adequate security for their confidential client data. How important is encryption and what can lawyers do to change the way they share data?
On this episode of Digital Detectives, Sharon Nelson and John Simek interview Bob Ambrogi, a lawyer and journalist who recently wrote about the LexisNexis survey. They ask him about the implications of the survey, what security measures lawyers should be taking, how frequently clients are hurt by lack of security, and why lawyers are generally resistant to learning about data encryption. Ambrogi explains that an overall lack of information, ignored ethics rulings, lack of time, and assumed difficulty are the reasons lawyers often refuse to learn how to safely share data. He encourages lawyers, especially the ones in small or solo firms, to seek out a consultant to learn about the relatively easy encryption tools and techniques. After all, no lawyer wants to be a part of the 77%.
Bob Ambrogi is a Massachusetts lawyer and journalist and has covered legal technology and the Internet for two decades. He writes the "Ambrogi on Tech" column for the ABA Journal and his blog LawSites, launched in 2002, is in the ABA Journal Blawg 100 Hall of Fame. Since 2005, he has co-hosted the legal-affairs podcast Lawyer 2 Lawyer also on the Legal Talk Network.
Special thanks to our sponsor, Digital WarRoom.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2014/07/77-lawyers-cant-trusted-confidential-client-data

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Federal Appeals Court Strikes Down Virginia’s Gay Marriage Ban

A federal appeals court on Monday ruled that Virginia’s ban on same-sex marriage is unconstitutional, marking the latest in a string of significant wins for gay-marriage backers. The 2-1 ruling, from the Fourth U.S. Circuit Court of Appeals in Richmond, is the second federal appellate court this year to find a same-sex marriage prohibition unconstitutional. In separate cases, the 10th U.S. Circuit Court of Appeals in Denver in recent weeks shot down state bans in both Utah and Oklahoma.

Source: http://blogs.wsj.com/law/2014/07/28/fourth-circuit-strikes-down-virginias-same-sex-marriage-ban/?mod=smallbusiness

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Dutch prosecutors open war crimes probe into Malaysia Airlines crash

[JURIST] A spokesperson for the Dutch Public Prosecutor [official website, in Dutch] said Monday that their office has opened a war crimes investigation into last week's crash of Malaysia Airlines MH17 [BBC backgrounder] in Ukraine. Prosecutors are investigating allegations [Reuters report] of murder, war crimes and intentionally downing an airliner, and a representative is reportedly in Ukraine as part of the investigation. Under the Netherlands' Law on International Crimes [text, DOC], the government can prosecute any individual who committed crimes...

Source: http://jurist.org/paperchase/2014/07/dutch-prosecutors-open-war-crimes-probe-into-malaysia-airlines-crash.php

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Project Aims To Attract, Train Public Defenders

Atlanta-based nonprofit Gideon's Promise has launched a new program called the Law School Partnership Project, aimed at making it easier for Southern public defenders to hire talented new law graduates.

Source: http://www.nationallawjournal.com/id=1202631276654?rss=rss_nlj

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Novartis Loses Home-State Advantage on Drugs Claim

A federal appeals court has dealt a blow to Novartis? attempt to apply the sharp limits on punitive damages claims of its home state New Jersey to litigation over its cancer drugs Aredia and Zometa.

Source: http://www.nationallawjournal.com/id=1202637622472?rss=rss_nlj

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Judge Nixes Price-Fixing Suit Against Alleged Chinese Cartels

A $58 million antitrust suit, claiming Chinese companies conspired to fix prices for the mineral magnesite, was dismissed July 24 by a Newark federal judge who found that the plaintiffs lacked statutory standing to sue.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202664695222&rss=newswire

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Straight From The Hole

It's far easier to wrap your head around torture when it involves the infliction of active pain. That doesn't make passive pain, the infliction of often unbearable psychological punishment, an less torturous. And it happens regularly, and many time arbitrarily, as explained in an op-ed by Wilbert Rideau, who served 44 years for manslaughter in Louisiana.

Before you dismiss Rideau as a killer who deserved whatever he got, bear in mind that stories from the inside aren't told by saints. Every once in a while, a former inmate emerges with the erudition necessary to put into words the world that most of us never knew existed. When this happens, it's a window through which we need to look. Rideau offers a view of solitary confinement, the hole.

I know something about solitary confinement, because I’ve been there. I spent a total of 12 years in various solitary confinement cells. And I can tell you that isolating a human being for years in a barren cell the size of a small bathroom is the cruelest thing you can do to a person.

Deprived of all human contact, you lose your feeling of connectedness to the world. You lose your ability to make small talk, even with the guard who shoves your meal through the slot in the door. You live entirely in your head, for there is nothing else. You talk to yourself, answer yourself. You become paranoid, depressed, sleepless. To ward off madness, you must give your mind something to do. In 1970, I counted the 358 rivets that held my steel cell together, over and over. Every time the walls seemed to be closing in on me, I counted them again, to give my mind something to fasten on to.

Without having been there, it's likely inconceivable to understand what happens to a mind in isolation. Some of us have trouble being alone for an hour, an evening, a day. Add day upon day, year upon year. But not the way it is for us, where we still have access to television or internet, even if there is no other living person around.  No, this is completely different.

But to add insult to injury, don't leap to the assumption that if a prisoner ends up in the hole, he must have done something pretty bad to deserve it.

In a world where authorities exercise absolute power and demand abject obedience, prisoners are almost always going to be on the losing side, and they know it.

The typical inmate doesn’t want trouble. He has little to gain and too much to lose: his job, his visits, his recreation time, his phone privileges, his right to buy tuna, ramen and stale bread at inflated prices in the commissary. The ways even a bystander to the most peaceful protest can be punished are limited only by the imagination of the authorities.

Punishment can be deserved or not. There's no due process in prison. There's no one to complain to about being punished based on a false accusation, a trumped up allegation, a guard pissed off by an attitude. Authorities own the lives of prisoners, and can be as harsh as they want to be, as arbitrary as they feel like. And there isn't a damn thing you can do about it.

Rideau explains that the prison protests in California are an outgrowth of a system run amok and no other means of addressing their grievance.

And yet, sometimes things get so bad that prisoners feel compelled to protest, with work stoppages, riots or hunger strikes. On July 8, some 30,000 inmates in the custody of the California Department of Corrections went on a hunger strike to demand improvements in prison conditions. Their biggest complaint was the runaway use of solitary confinement, the fact that thousands of prisoners are consigned to this cruelty indefinitely, some for decades.

While prisoners are sentenced to incarceration, no judge sentences them to isolation for decades. There is no requirement that any neutral party review the decision to inflict this torture on another human being. It can be imposed for a sound reason or no reason at all. Who is to disagree?  But no matter what the reason or nonreason, to put a person in the hole for years, for decades, is to impose psychological torture of a terrible kind on a human being.  And there is nothing, absolutely nothing, the prisoner can do about it. 

In California, inmates did the only thing left for them to do, protest. Not too many of us care about what happened to "criminals." After all, bad dudes who did bad things to other people. A pox on them. They get what they deserve and their out of sight, out of mind.  But there is good reason to give them just a little bit of though. For one thing, they are still people, and we are still purportedly a civilized society that doesn't condone the needless brutal treatment of people. But if you lack anything remotely resembling empathy, than do it for your own sake:

Why should you be concerned about the inhumane conditions of prolonged solitary confinement, with all the social, emotional and mental deterioration that it entails? Well, every year men from California’s Pelican Bay and other supermax prisons around the nation are released directly from the vacuum of their cells into free society, to live and work among you and your loved ones. As a matter of self-preservation, maybe we should all join the prisoners’ request for rehabilitative opportunities that will improve the mental health of those in solitary.

Go say "hi" to the guy who moved in down the block kids. So what if he spent the last two decades in the hole and seems a bit odd. I'm sure he'll get over it.

© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.

Source: http://blog.simplejustice.us/2013/07/17/straight-from-the-hole.aspx?ref=rss

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All Door Are Definitely Not Alike

Door are similar in that they all lead somewhere. On a plane, though, where they lead is kind of important – the bathroom, or, as reported at theindependent.ie …

Tomasz Mucha (26) had never been on a plane before and drank vodka and beer to steady his nerves before attempting to open the back door of the Ryanair aircraft.

Yeah, unless you’re on the ground, that door is not your average door. But fortunately …

Dublin District Court heard he did not manage to get the door open due to the air pressure.

Whew. Still, the Judge must have thrown the book at this gent.

Judge James Faughnan fined him €200 after the accused said he realised how serious the situation could have been.

And that was after “Mucha … pleaded guilty to being intoxicated on an aircraft and using threatening, abusive or insulting behaviour.” Had that happened in the United States, do you think the guy would have been hit with only a 200 euro fine ($270 US)?  You’ll find the source, and more, by clicking here.

 

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/UFH_Fayr47I/asfd-8.html

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Congress passes legislation legalizing cell phone unlocking

[JURIST] The US House of Representatives [official website] on Friday passed [bill status summary] a bill [text, PDF] that would make it legal for individuals to open the digital locks on their cellphones. The process, known as unlocking or jailbreaking, is currently illegal [text, PDF], punishable by fines of up to $500,000 and five years in jail for unlocking cellphones without the authorization of wireless carriers. The bill, known as the Unlocking Consumer Choice and Wireless Competition Act, was passed...

Source: http://jurist.org/paperchase/2014/07/congress-passes-legislation-legalizing-cell-phone-unlocking.php

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US appeals court sets date for oral arguments on same-sex marriage bans in Indiana and Wisconsin

[JURIST] The US Court of Appeals for the Seventh Circuit [official website] announced Friday that it will hear oral arguments on the constitutionality of same-sex marriage bans in Indiana and Wisconsin before a panel of three judges in August. The states requested that their arguments be heard en banc, but the court rejected the request [AP report]. Federal judges struck down Wisconsin and Indiana's [JURIST report] same-sex marriage bans in June, but both holdings [JURIST reports] were stayed while the...

Source: http://jurist.org/paperchase/2014/07/us-appeals-court-sets-date-for-oral-arguments-on-same-sex-marriage-bans-in-indiana-and-wisconsin.php

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Plaintiff Can Access Police Investigation Records

In a plaintiff’s suit involving a charge that he failed to make a right-hand turn signal, the Richmond Circuit Court will resolve a discovery dispute by allowing plaintiff discovery of an internal affairs investigation through documents provided by defendant for in camera review. Defendants invoke a provision of the Freedom of Information Act, Va. Code ...

Source: http://valawyersweekly.com/2014/01/02/plaintiff-can-access-police-investigation-records/

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