Archive for the ‘Law’ Category

Random notes and followups: April 8, 2010.

Thursday, April 8th, 2010

The NYT finally got around to publishing an obit for “Coots” Matthews.

Also among the dead: Morris Jeppson, one of the two men who armed the atomic bomb on board the Enola Gay.

By the way, “new” copies of The Last Train from Hiroshima: The Survivors Look Back are going for $74.00 and up on Amazon. But you can still buy the audio book from Audible for $13.12. (Amazon link is for illustrative purposes, and does not imply endorsement of the book.)

Here’s the Statesman summary of the first day of the Billy Joe Shaver trial. It is hard to judge from just the prosecution’s side of the case, but I’m not thinking it looks good for Mr. Shaver; all the testimony so far is from people stating the shooting was unprovoked.

Edited to add: The LAT is reporting the death of Malcolm McLaren, former manager of the Sex Pistols.

I shot a man in Lorena, just to watch him die…

Wednesday, April 7th, 2010

The aggravated assault trial of musician Billy Joe Shaver began today.

Shaver is accused of shooting a man outside a roadhouse in Lorena, near Waco.

“Until yesterday, I didn’t know who you are, and I couldn’t care less,” one female prospective juror told Shaver while being questioned by prosecutor Mark Parker.

“Ditto,” said Shaver, who has been called the poet laureate of Texas music and has penned tunes such as “I Been to Georgia on a Fast Train” and “I’m Just an Old Chunk of Coal.”

It amuses me that Mr. Shaver and Willie Nelson are scheduled to play at my parent’s church on April 25th. (I’m not going. The cheapest ticket is $30.50 including service charges.)

Noted.

Tuesday, April 6th, 2010

While browsing Wikipedia for unrelated reasons, I discovered that today is the 40th anniversary of the Newhall incident, which was a contributing factor in the start of the officer survival movement.

Ayoob’s summary of the incident doesn’t seem to be available online, but can be found in Ayoob Files: The Book, and is worth reading.

Edited to add: Obit watch: Wilma Mankiller, former chief of the Cherokee Nation.

Mankiller met snide remarks about her surname — a Cherokee military title — with humor, often delivering a straight-faced, “Mankiller is actually a well-earned nickname.”

April Fool’s day compilation.

Thursday, April 1st, 2010

I’m on the ThinkGeek mailing list. This morning, I sat down to read my email bef0re work (and coffee), and opened the latest ThinkGeek email.

Liar’s paradox shirt? That’s okay. I’m not sure I’d buy one for myself…”

2001 monolith action figure? 0 points of articulation? Do want.”

Screaming chef’s knife? Interesting, but it’s probably a low-quality knife.”

Tribbles ‘n’ Bits cereal? Ha.”

Dharma Initiative alarm clock? Wait a minute…”

XKCD today is also geeky cool. (Edited to add 3: Our great and good friend Commvault Bryan points out that this XKCD is relevant to today’s prank.)

I’ll add to this post as I find more April Fool’s day stuff. If you’ve found something funny or interesting, please feel free to mention it in the comments.

Edited to add: This site appears to be reporting that Apple has purchased Dell. However, this is a French site, and I don’t speak their crazy moon language.

Edited to add 2: Locus Online has their April Fool pieces up. Certain writers may be familiar to some of you. (Edited to add 7: One of the Locus Online pieces gets praise on the Reason “Hit and Run” blog.)

Edited to add 4: Whole Foods Market action figures. Also, the “Don’t Eat That!” iPhone app, and featured recipes. The “Deep-fried Bacon-wrapped Bacon with Bacon Bits” sounds tasty.

Edited to add 5: My great and good friend Glen has a good one on his site. The “Lady GaGa” indeed.

Edited to add 6: PC World‘s Top Ten list. (Hattip: Mom.)

Lowering the Bar explains why they don’t have an April Fool’s Day post.

Edited to add 8: Dinosaur Comics deploys a very clever hack (see the newspost for details) that allows you to read the comic in the style of Penny Arcade. Or XKCD. Or Achewood.

Random notes, special legal edition: March 19, 2010.

Friday, March 19th, 2010

Thomas Hagan has been paroled.

“Who?” Mr. Hagan, aka Talmadge X. Hayer, was the only man to confess to the killing of Malcolm X.

Two other men, Muhammad Abdul Aziz (then known as Norman 3X Butler) and Kahlil Islam (then Thomas 15X Johnson), were also charged with the murder. They maintained their innocence. Mr. Hagan did not, testifying at his trial in 1966 that he was responsible for the murder and that his co-defendants were innocent.

All three men were sentenced to 20 years to life.

I’m kind of boggled by the detail that Mr. Hagan has been on work release for 20 years.

In other news, a Federal court has ruled that the estate of Anna Nicole Smith is not entitled to any of the estate of her late husband, J. Howard Marshall II. I’m not clear if the Smith estate has any options at this point; since this appears to have been a panel of the 9th Circuit, can the estate appeal to the full 9th Circuit?

In other other news, accused child killer Casey Anthony has been declared indigent and will get public funds to pay for a defense lawyer.

In other other other news, accused child killer Casey Anthony got $200,000 from ABC News for old photos and home movies. (By way of Jimbo.) $200,000? Seriously, ABC?

Edited to add: Two more stories that came up over dinner tonight.

Lady Gaga’s ex-boyfriend/ex-producer is suing her for $30 million.

Texas A&M student was allegedly driving while texting. Texas A&M student allegedly crossed the center line and hit another car head-on, killing that car’s driver. Texas A&M student ordered to pay $22 million.

Not that I’m in favor of texting while driving, and not that I’m opposed to punishment, but when does punishment cross the line into excess? And, as Lawrence points out, if you’ve got a $22 million judgment against you, Costa Rica or Nicaragua are very nice this time of year.

Random notes: March 11, 2010.

Thursday, March 11th, 2010

The SF Weekly (owned by Village Voice Media) and the San Francisco Bay Guardian have been engaged in a bitter antitrust dispute. The Bay Guardian argues that the Weekly was selling ads below cost in an attempt to drive the Bay Guardian out of business. So far, the Bay Guardian has prevailed, and has a $21 million judgment against the Weekly. Now, the Bay Guardian has an order awarding it half of the Weekly‘s ad revenue. (Hattip: Jimbo.)

I wanted to point out this blog post at the Public Policy In Houston blog because it expresses concisely my thoughts about public transit, and about the people who complain about America’s “love of cars”. We talk about the freedom cars give us, and that’s true; but cars also give us time. Time with our families, time to go to school, time to improve our lives. (Hattip: BlogHouston.)

On the local front, Travis County terminated their agreement with the operator of the Manchaca firehall.

And our police chief, Art Acevedo, is one of six finalists for the job of chief in Dallas. Even though he’s just a finalist at this point, the city is offering him money to stay. I’ll just point out that you may remember Chief Acevedo from previous coverage on this blog.

The various stories about the 10th anniversary of the dot-com peak didn’t amuse me that much, but I did get a kick out of this piece on the founders of Flooz. You remember Flooz, right? It was just like money, except harder to use. (ETA: I forgot that I was going to single out this quote: “In late 1999, Beenz and Flooz announced that consumers could buy Flooz with Beenz…” But was it transitive? Could you buy Beenz with Flooz? Nope.)

Merlin Olsen, for the record.

They beat him up until the teardrops start, but he can’t be wounded because he’s got no heart…

Friday, March 5th, 2010

It looks like the Los Angeles Police Department is going to fire Detective Michael Slider, who has been on the force for 22 years.

Did he beat up a suspect on camera? No.

Did he kill someone? No.

What did he do to get fired? Detective Slider accessed case notes on an internal LAPD computer system, printed a copy, and gave it to a lawyer.

That sounds pretty bad. But there’s a catch.

The case notes were for a robbery case involving Detective Slider’s niece, Khristina Henry. Ms. Henry accused a prominent high school football player. Tyquan Knox, of the robbery. Ms. Henry and her mother, Pamela Lark (Det. Slider’s sister-in-law) were allegedly threatened by Knox and his associates after filing charges. Ms. Lark was eventually killed; Mr. Knox has been charged with her murder and the robbery of Ms. Henry, but the jury in the first trial was unable to reach a verdict on those charges. Mr. Knox is currently awaiting a retrial.

Detective Slider apparently believed that the detectives assigned to Ms. Henry’s case were not taking the threats seriously, and complained to their supervisor several times before the murder.

After the murder…

Saying he was blinded by grief and anger, Slider told the three-member disciplinary panel he had hoped leaking the internal document would help spur an investigation into the detectives’ handling of the case.

He said he was not motivated by the possibility of winning a monetary award — a claim the head of the panel said he believed.

This is a hard case. The LAT article, it seems to me, clearly wants to invoke sympathy for Detective Slider. And my first reaction is to be sympathetic. I can’t condone leaking internal LAPD documents to people outside the department, but I can easily believe that Det. Slider, motivated by grief and anger, made a mistake. I can easily argue that, under the circumstances, the LAPD should make allowances and impose some form of punishment short of firing.

I could even make an argument that, if Det. Slider felt the case was mishandled, felt that he had exhausted all remedies inside the department, and felt that the detectives supervisors were covering up their mishandling of the case, he had a right—even a duty—to bring police misconduct to the attention of outsiders.

The problem is that all we have right now is the LAT version of the story. Given the way the paper has covered the LAPD in the past, I don’t know how much of this story to believe. I can’t trust my initial reaction because I can’t trust the information I have right now. That’s the real tragedy of American newspapers.

I’m hoping that someone like Patterico (either himself, or in a guest post by “Jack Dunphy”) will add something to the LAT story.

Edited to add: Speaking of the LAPD, why is the 2010 California Homicide Investigators Association Conference being held in Las Vegas? Not that I have anything against Las Vegas (unlike Barack Obama) but it just seems strange.

Random notes: March 5, 2010.

Friday, March 5th, 2010

Serdar Argic, call your office, please.

Edited to add: Popehat is on a roll. Go here for more Armenian genocide commentary. Meanwhile, Ken has what I’ll go ahead and call the quote of the day:

Perhaps there is some equivalent in Louisiana law, which is cobbled together from the legal traditions of the French, the Deep South, riverboat gamblers, corrupt cops, bead-and-tit based economies, and people who clean up vomit for a living.

Ah, fair food. (Okay, so technically the Houston Livestock Show and Rodeo isn’t a fair. I consider it to be close enough for government work.) Chicken-fried meatballs from the Mandola family.

Edited to add: The HouChron has thown up (and I use “thrown up” in multiple senses of the phrase) a slide show of items being sold at the rodeo. (Warning! Slide show!) By my count, of the 24 distinct items shown, six are “on a stick”. What’s that sound I hear? Oh, that’s my arteries slamming shut.

I was working on a post about this list of the “100 best crime books ever written” but I’m not sure I’m going to go through with it. The general tone of the post came across as kind of dickish and show-offy to me, plus I think The Rap Sheet says all that needs to be said. (Especially Ed Gorman in the comments.)

Instead, have this link to Terry Gross interviewing Henry Scott about his new book: Shocking True Story: The Rise and Fall of Confidential. I picked this up last week and haven’t had a chance to do much more than skim it, but it looks like a rather interesting book. I know at least one of my readers openly doesn’t care about Hollywood, or anything related to Hollywood gossip; even if you’re in the same boat with him, I still think there’s a fascinating aspect to this story. This is the only time in recent history (that I’m aware of; I welcome correction) that a government actually tried to put a magazine out of business through criminal prosecution, merely because some people didn’t like what that magazine was publishing.

Here’s an interesting legal question.

Monday, March 1st, 2010

(I’m hoping that the good folks over at Popehat might have an answer for this, but I welcome comments from other sources.)

The Eighth Amendment states:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Question: Is one million dollars bail on a misdemeanor charge “excessive bail” in the Eighth Amendment sense?

Edited to add: So now his bail is down to $100,000, and he’s scheduled to be released, in return for taking the sign down. This doesn’t change the question, but I did want to make sure that update got in.

It’s a long way to the top if you wanna polka.

Tuesday, February 23rd, 2010

I think I’ve mentioned before that I’m a libertarian  (well, 99 44/100ths percent libertarian). For that reason, I fully support the arrest and prosecution of people who make polka videos; I believe the production of said videos violates the non-aggression axiom, much like the production of bagpipe recordings.

(Hattip: Balko.)

Random notes: February 19, 2010.

Friday, February 19th, 2010

For my readers outside of Austin, here’s a link to the Statesman‘s second day coverage of yesterday’s attack.

And here’s a link to a slightly better obit for Jim Bibby from the NYT.

Poor po-po.

Thursday, February 18th, 2010

Kevin Leverenz, a sergeant with the Austin Police Department, is going to be promoted to lieutenant.

That’s good news, right? Certainly it is for Sgt. Leverenz. Not so much so for Chief Art Acevedo. You see, Chief Acevedo denied Sgt. Leverenz the promotion; however, the chief’s decision was overturned by an arbitrator.

Even better, this is the second time an arbitrator has overturned a promotion decision by Chief Acevedo in the past two months.

Acevedo said the ruling was based on a technicality, not the merits of his decision.

What, pray tell, was that technicality?

According to Miller’s ruling, Acevedo promoted Leverenz to lieutenant in June, the same day that City Council members cut several vacant positions amid budget reductions.

To legally slash those jobs, however, the city had to first promote officers into those vacancies — state civil service law said they were legally entitled to the jobs — then demote them and place their names on a list for reinstatement.

Leverenz’s lawyer Stribling argued that Leverenz could not be legally bypassed for promotion in November once he had already been elevated a rank and was on that reinstatement list.

So it appears the “technicality” was that he had already been promoted, then the chief changed his mind and tried to yank the promotion. And this is such a minor “technicality” that the arbitrator didn’t even wait for a hearing; he issued his decision weeks in advance of the scheduled hearing, based only on the documents filed by both sides. Some “technicality”.

Now, to be fair to the chief, it looks like there are some questions about Leverenz’s record, and it is possible to argue that he shouldn’t have been promoted in the first place. (To be fair to Leverenz, it is also possible that the charges outlined in the Statesman are trumped-up.)

But…

According to Miller’s ruling, city officials also argued that Acevedo was not responsible for knowledge about Leverenz’s performance and discipline history when he promoted him in June.

What? What?! I cannot believe the chief of police seriously made that argument. “Well, I’m not responsible for knowing the record of my officers before I make promotion decisions.”

That’s over the line.

Random notes: February 15, 2010.

Monday, February 15th, 2010

Longer NYT obit for Dick Francis, as promised.

Also among the dead: Doug Fieger, lead singer for The Knack and co-author of “My Sharona“.

By way of Lawrence, we note this LAT article about a new collection of work by St. Clair McKelway, longtime New Yorker writer.

For 37 years, McKelway was one of the New Yorker’s most prolific and inventive nonfiction writers. In his time, he was regarded as a master of the long-form profile, a superior chronicler of rapscallions and low-rent hustlers. Indeed, when he was on his game, McKelway might have been the best nonfiction writer the magazine had — this at a time when Liebling, Mitchell and E.J. Kahn Jr. were also producing signature work.

Yes, I will be purchasing this.

What are the costs of green energy?

A plan to boost Austin’s reliance on renewable energy would make it one of the nation’s greenest cities. That stature, however, comes at a cost: Bills would increase an estimated 20 percent over the next decade.

Edited to add: Today’s update from the Department of WTF: A French judge has issued an arrest warrant for Floyd Landis. Apparently, the judge wants to question him about an alleged computer hacking incident.

Today’s update from the Department of WTF, part 2: Dave Eggers can’t understand why Gourmet was shut down.

“It’s impossible” that Gourmet magazine wasn’t profitable, Eggers said, referring to the popular magazine Conde Nast shut down last year.  “It’s impossible that you have a million subscribers paying 50 bucks a year and it can’t work.”

$50 a year? No, Dave. $15 a year is more like it. I think I paid $12 for a year when I subscribed.

Nets watch: At the All-Star break, the Nets are 4-48, for an 0.077 percentage. For the 82 game season, that works out to a projected 6.314 wins.

Rick Perry and the Austin gun show.

Saturday, February 13th, 2010

Thanks to a tip from someone at Tex-Guns, we have video of Rick Perry responding to the Austin gun show controversy.

(Tex-Guns is the official purveyor of fine weapons to Whipped Cream Difficulties. Remember, the right to buy weapons is the right to be free.)

Speaking of politicians in trouble…

Thursday, February 11th, 2010

“Politicians in Trouble!” Sounds like a great B-movie, doesn’t it?

Anyway, the NYT goes in search of the $177 bagel. Even in NYC, that’s hard to find.

The most expensive bagel at Norma’s, the restaurant at Le Parker Meridien Hotel on West 56th Street, has three layers, five ounces of smoked salmon and three kinds of caviar, for $23.

(The motivating factor for this story is the indictment of Larry Seabrook for money laundering, extortion, and fraud.

Mr. Seabrook, a Bronx Democrat and former assemblyman and former state senator, bought a bagel sandwich and diet soda for $7 one day and submitted a doctored receipt that inflated the cost to $177, according to the indictment.

So maybe the NYT needs to be looking for the $170 bagel, since I can easily see $7 for a diet soda in NYC. Especially with taxes.)