Archive for the ‘Law’ Category

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Obit watch.

Tuesday, October 20th, 2009

Howard Unruh finally died at the age of 88.

Unruh is mostly forgotten today; on September 6, 1949, he went on a shooting spree and killed 13 people before he was finally taken down. Unruh never stood trial; he was found to be insane and spent the rest of his life in confinement.

The Times obit does include a link to Meyer Burger’s story for the paper; that story won Burger the Pulitizer Prize for local reporting, and is also reprinted in the Library of America True Crime collection.

Edited to add: Confessions of an Idiosyncratic Mind has an excellent (and far more thoughtful) post up as well.

Posted in Law, Media, Obits | Comments Closed

Random notes: October 13, 2009.

Tuesday, October 13th, 2009

Things I did not expect to hear last night:

“Damn, Dwight, you clean up well.”

(Thank you, Katie.)

The NYT on the wing crisis; the price of chicken wings has increased to the point where boneless skinless chicken breast is actually cheaper. Thus the popularity of “boneless wings”. (Edited to add: yes, this is on FARK, but those who know me know of my fondness for wings, and understand why I couldn’t pass this up.)

Speaking of the NYT, does this story about the West Memphis Three seem somewhat incomplete? Literally, it feels like there’s an entire second page missing.

It seems even more so when compared to this story about Carly Simon and her lawsuit against Starbucks, which is frankly loaded with too much information. (I don’t need to know about her ringtones or her photo album, thankyouverymuch.)

Posted in Clippings, Food, Law, Music | Comments Closed

Under the Double Eagle.

Wednesday, September 16th, 2009

The NYT offers up an update in the case of ten 1933 $20 gold pieces confiscated by the U.S. Mint; in brief, the government has been ordered either to give the coins back, or provide proof the coins were stolen.

I’ve been interested in these coins since reading David Tripp’s book Illegal Tender. The short version of this story is that the 1933 $20 gold piece was never officially issued; FDR took the country off the gold standard after the coins were produced, but (supposedly) before the U.S. Mint distributed any of them. Some of these coins made it out to the public, but the government claimed they were stolen property and, until 2002, confiscated and destroyed all of the ones that turned up. For complicated reasons (outlined in Tripp’s book) the government allowed the sale of one coin at auction in 2002 for $7.6 million.

Tripp’s book makes it very clear (in my opinion) that the government believed all of these coins that made it out of the Mint were stolen property, that the government was allowing the 2002 sale as a one-off deal, and that any future coins that showed up would also be confiscated and destroyed.  I find it very difficult to believe that Mr. Langbord and his family were not aware of this, and I have a lot of trouble siding with them.

(As a side note, I haven’t read Alison Frankel’s Double Eagle, though I very much want to. Tripp’s book is okay, but I think it suffers some from his lack of experience in writing long form narrative.)

Posted in Clippings, Coins, Geek, Law | 2 Comments »

Chris Elliott is…The Fugitive Guy!

Monday, September 14th, 2009

A few weeks ago, Scott Simon interviewed Bob Greene on Weekend Edition. Apparently, during that interview, Simon referred to Dr. Sam Sheppard as “the most famous convicted murderer in America”.

Now, those of us who keep up with true crime (or those of us from around the Cleveland area) know that this is, at best, misleading. (Dr. Sheppard was convicted of murder at his first trial; that conviction was overturned by the Supreme Court, Dr. Sheppard was retried, and acquitted at the second trial.)

Apparently, Dr. Sheppard’s son was listening as well, and wrote NPR. Here’s a transcript of Scott Simon’s interview with Sam Reese Sheppard.

For all the (considerable) problems I have with NPR, I have to say that Scott Simon comes across as a class act in that interview.

Posted in Clippings, Law, Media | Comments Closed

Some questions on the subject of rights and the Constitution.

Monday, September 7th, 2009

Late last week, Patrick over at Popehat posted an interesting entry about the North Carolina Supreme Court’s decision in Britt v. State. The short version is that Britt was convicted of quaalude possession (a felony) in the 1970s, sued to maintain his right to own firearms, and won.

The Court, in a 5-2 decision, limited its holding to Britt’s specific facts, finding that the exercise of state police power to bar firearms to a non-violent felon, who had demonstrated good character for thirty years, was an unreasonable restriction of the state right to keep and bear arms.

I strongly recommend going over to Popehat and reading all of Patrick’s excellent post. But I want to use it as a jumping-off point to discuss a question I’ve been wondering about, without hijacking Popehat.

Where does the State (I’m using “the State” to refer to both state and Federal governments) get the authority to deny Constitutional rights to felons?

(more…)

Posted in Guns, Law | 2 Comments »

Principles.

Friday, August 28th, 2009

I’m about 99 and 44/100ths percent Liberatarian. Every so often, however, something comes along and makes me question my principles.

For example, when I see that the State of Texas has approved personalized license plates that sell for $395 a year, I’m tempted to endorse increasing the income tax rate to 90% for anyone dumb enough to pay that kind of money for a license plate.  (The same applies to anyone who would pay $4,295 for a tone arm to improve the playback of their 78s,  or $500 for an Ethernet cable.)

Posted in Clippings, Law | 1 Comment »

Clippings: August 21, 2009

Friday, August 21st, 2009

Pulitzer-prize winning automotive writer Dan Neil has a good piece in the LAT on “Which of today’s clunkers will become tomorrow’s classic cars?“. It gets especially funny when he talks about a 1971 Monte Carlo going at auction for $60,000. (“…Spot-welded together with the craftsmanship one might expect of unsupervised political prisoners…”) There’s also a followup here with some more classic candidates.

I’m with Neil on many of these choices. I’ve poked my share of fun at the Aztec, but if I could pick a used one in good shape up cheap, I’d consider it (especially with the tent). Likewise, I’d be willing to consider the Volvo or the S320 (but I’d worry that upkeep on the S320 would eat me alive).

Two more interesting stories by way of Overlawyered: a WSJ story on the Nicaraguan banana pesticide lawsuit fraud mentioned here previously, and a Fortune story about alleged massive medical fraud in Las Vegas involving both doctors and trial lawyers:

According to government evidence, the group coordinated their testimony as expert witnesses, lied under oath, protected one another from malpractice lawsuits — even after the surgeries left a few patients paralyzed — and ate away at the plaintiffs’ settlement money with kickbacks disguised as contingency fees.

One of the problems, however, is that the government has failed to actually prove their case so far.

Posted in Cars, Clippings, Law | Comments Closed

Justice?

Thursday, August 20th, 2009

The government of Scotland has released Abdel Baset al-Megrahi, the convicted bomber of Pan Am Flight 103, from prison on “compassionate grounds”.

Nichole Elizabeth Avonye, Jerry Don Avritt, Noelle Lydie Berti, Siv Ulla Engstrom, Stacie Denise Franklin, Paul Isaac Garrett, Elke Etha Kuehne, Maria Nieves Larracoechea, James Bruce MacQuarrie, Lilibeth Tobila McAlolooy, Mary Geraldine Murphy, Jocelyn Reina, Myra Josephine Royal, Irja Syhnove Skabo, Milutin Velimirovich, Raymond Ronald Wagner, John Michael Gerard Ahern, Sarah Margaret Aicher, John David Akerstrom, Ronald Ely Alexander, Thomas Joseph Ammerman, Martin Lewis Apfelbaum, Rachel Marie Asrelsky, William Garretson Atkinson III, Judith Ellen Atkinson, Clare Louise Bacciochi, Harry Michael Bainbridge, Stuart Murray Barclay, Jean Mary Bell, Julian MacBain Benello, Lawrence Ray Bennett,  Philip Vernon Bergstrom, Alistair David Berkley, Michael Stuart Bernstein, Steven Russell Berrell, Surinder Mohan Bhatia, Kenneth John Bissett, Diane Anne Boatman-Fuller, Stephen John Boland, Glen John Bouckley, Paula Marie Bouckley, Nicole Elise Boulanger, Francis Boyer, Nicholas Bright, Daniel Solomon Browner (Bier), Colleen Renee Brunner, Timothy Guy Burman, Michael Warren Buser, Warren Max Buser, Steven Lee Butler, William Martin Cadman, Fabiana Caffarone, Hernan Caffarone, Valerie Canady, Gregory Capasso, Timothy Michael Cardwell, Bernt Wilmar Carlsson, Richard Anthony Cawley, Frank Ciulla, Theodora Eugenia Cohen, Eric Michael Coker, Jason Michael Coker, Gary Leonard Colasanti, Bridget Concannon, Sean Concannon, Thomas Concannon, Tracey Jane Corner, Scott Cory, Willis Larry Coursey, Patricia Mary Coyle, John Binning Cummock, Joseph Patrick Curry, William Allen Daniels, Gretchen Joyce Dater, Shannon Davis, Gabriel Della-Ripa, Joyce Christine DiMauro, Gianfranca DiNardo, Peter Thomas Stanley Dix, Om Dixit, Shanti Dixit, David Scott Dornstein, Michael Joseph Doyle, Edgar Howard Eggleston III, Turhan Ergin, Charles Thomas Fisher IV, Clayton Lee Flick, John Patrick Flynn, Arthur Fondiler, Robert Gerard Fortune, Paul Matthew Stephen Freeman, James Ralph Fuller, Ibolya Robertine Gabor, Amy Beth Gallagher, Matthew Kevin Gannon, Kenneth Raymond Garczynski, Kenneth James Gibson, William David Giebler, Olive Leonora Gordon, Linda Susan Gordon-Gorgacz, Anne Madelene Gorgacz, Loretta Anne Gorgacz, David Gould, Andre Nikolai Guevorgian, Nicola Jane Hall, Lorraine Frances Halsch, Lynne Carol Hartunian, Anthony Lacey Hawkins, Pamela Elaine Herbert, Rodney Peter Hilbert, Alfred Hill, Katherine Augusta Hollister, Josephine Lisa Hudson, Melina Kristina Hudson, Sophie Ailette Miriam Hudson, Karen Lee Hunt, Roger Elwood Hurst, Elizabeth Sophie Ivell, Khalid Nazir Jaafar, Robert van Houten Jeck, Paul Avron Jeffreys, Rachel Jeffreys, Kathleen Mary Jermyn, Beth Ann Johnson, Mary Alice Lincoln Johnson, Timothy Baron Johnson, Christopher Andrew Jones, Julianne Frances Kelly, Jay Joseph Kingham, Patricia Ann Klein, Gregory Kosmowski, Minas Christopher Kulukundis, Ronald Albert LaRiviere, Robert Milton Leckburg, William Chase Leyrer, Wendy Anne Lincoln, Alexander Silas Lowenstein, Lloyd David Ludlow, Maria Theresia Lurbke, William Edward Mack, Douglas Eugene Malicote, Wendy Gay Malicote, Elizabeth Lillian Marek, Louis Anthony Marengo, Noel George Martin, Diane Marie Maslowski, William John McAllister, Daniel Emmet McCarthy, Robert Eugene McCollum, Charles Dennis McKee, Bernard Joseph McLaughlin, Jane Susan Melber, John Merrill, Suzanne Marie Miazga, Joseph Kenneth Miller, Jewel Courtney Mitchell, Richard Paul Monetti, Jane Ann Morgan, Eva Ingeborg Morson, Helga Rachael Mosey, Ingrid Elizabeth Mulroy, John Mulroy, Sean Kevin Mulroy, Karen Elizabeth Noonan, Daniel Emmett O’Connor, Mary Denice O’Neil, Anne Lindsey Otenasek, Bryony Elise Owen, Gwyneth Yvonne Margaret Owen, Laura Abigail Owens, Martha Owens, Robert Plack Owens, Sarah Rebecca Owens, Robert Italo Pagnucco, Christos Michael Papadopoulos, Peter Raymond Peirce, Michael Pescatore, Sarah Susannah Buchanan Philipps, Frederick Sandford Phillips, James Andrew Campbell Pitt, David Platt, Walter Leonard Porter, Pamela Lynn Posen, William Pugh, Crisostomo Estrella Quiguyan, Rajesh Tarsis Priskel Ramses, Anmol Rattan, Garima Rattan, Suruchi Rattan, Anita Lynn Reeves, Mark Alan Rein, Diane Marie Rencevicz, Louise Ann Rogers, Edina Roller, Janos Gabor Roller, Zsuzsana Roller, Hanne Maria Root, Saul Mark Rosen, Andrea Victoria Rosenthal, Daniel Peter Rosenthal, Arnaud David Rubin, Elyse Jeanne Saraceni, Scott Christopher Saunders, Theresa Elizabeth Jane Saunders, Johannes Otto Schauble, Robert Thomas Schlageter, Thomas Britton Schultz, Sally Elizabeth Scott, Amy Elizabeth Shapiro, Mridula Shastri, Joan Sheanshang, Irving Stanley Sigal, Martin Bernard Christopher Simpson, Cynthia Joan Smith, Ingrid Anita Smith, James Alvin Smith, Mary Edna Smith, Geraldine Anne Stevenson, Hannah Louise Stevenson, John Charles Stevenson, Rachael Stevenson, Charlotte Ann Stinnett, Michael Gary Stinnett, Stacey Leanne Stinnett, James Ralph Stow, Elia G. Stratis, Anthony Selwyn Swan, Flora MacDonald Margaret Swire, Marc Alex Tager, Hidekazu Tanaka, Andrew Alexander Teran, Arva Anthony Thomas, Jonathan Ryan Thomas, Lawanda Thomas, Mark Lawrence Tobin, David William Trimmer-Smith, Alexia Kathryn Tsairis, Barry Joseph Valentino, Thomas Floro Van-Tienhoven, Asaad Eidi Vejdany, Nicholas Andreas Vrenios, Peter Vulcu, Janina Jozefa Waido, Thomas Edwin Walker, Kesha Weedon, Jerome Lee Weston, Jonathan White, Bonnie Leigh Williams, Brittany Leigh Williams, Eric Jon Williams, George Waterson Williams, Stephanie Leigh Williams, Miriam Luby Wolfe, Chelsea Marie Woods, Dedera Lynn Woods, Joe Nathan Woods, Joe Nathan Woods, Jr., Andrew Christopher Gillies Wright, Mark James Zwynenburg, Kathleen Mary Flannigan, Thomas Brown Flannigan, Joanne Flannigan, Dora Henrietta Henry, Maurice Peter Henry, Mary Lancaster, Jean Aitkin Murray, John Somerville, Rosaleen Later Somerville, Paul Somerville, and Lyndsey Ann Somerville were all unavailable for comment.

(List by way of Victims of Pan Am Flight 103. Errors in transcription are solely my own.)

Posted in Law, Planes | Comments Closed

The Good and the Ugly

Tuesday, August 18th, 2009

By way of Say Uncle, we learn of a Miami New Times article on store clerks exercising their right to self-defense; “South Florida Store Clerks Go Vigilante“.

In spite of the inaccurate headline, the article itself strikes me as being fairly even handed and sympathetic to the clerks interviewed.

“This is our police!” he declares, pointing at his handgun. “This is our state attorney!”

On the other hand, there’s a developing story here in Austin. Briefly, two young idiots decided to try and steal a 12-pack from a convenience store; the clerk came out and cranked off a dozen rounds at them. The clerk apparently hit with at least one of them, as one of the crooks was found dead inside the abandoned car a few hours later.

The punchline? The clerk is being charged with first degree murder. I see no mention in the article of the getaway driver being charged with anything, even though he was apparently in the process of filing a false police report when the cops showed up at his door.

Police said they later interviewed Romero, who said he fired a pistol about 12 times at Vielma, picked up the shell casings and put them in his vehicle.

He also told police that he picked up the beer dropped by Vielma and threw it into a trash bin, and he deleted images of the incident from the store’s video surveillance system.

Ooooo. Bad move, space cadet. If you had a good reason for shooting, the evidence is only going to help you. Altering or destroying evidence only makes you look bad.

Posted in Guns, Law | 1 Comment »

Curiouser and curiouser…

Sunday, August 9th, 2009

Mina Brees, a prominent Austin area lawyer and the mother of Drew Brees, died Friday in Colorado.

I wouldn’t ordinarily note this, but Ms. Brees was the subject of some attention in Austin and Houston prior to her death. A company controlled by Ms. Brees, Chicksports, sent letters to many restaurants in both cities, claiming that the restaurant’s rights to their business names had expired, and the legal rights to the names had been purchased by Chicksports. The letters went on to state that Chicksports would be happy to sell back those rights for $20,000 to $25,000. (Houston Chronicle coverage; Austin American-Statesman coverage.)

The legality of these letters is, to put it mildly, questionable. Ms. Brees’ legal records were under subpoena by the Texas Attorney General at the time of her death. (“Wonderful thing, a subpoena.” Spot the quote, win a cheese.)

Posted in Food, Law | Comments Closed

Clippings: August 5, 2009

Wednesday, August 5th, 2009

The Las Vegas Sun has a nifty story. Guy’s wanted a Stearman biplane since he was 10. He grew up and got married to a woman who shared his dream. But a flying Stearman is expensive (Google leads me to believe that about $120,000 is typical), so they did the next best thing; bought a crashed one off eBay, and began restoring it. (Really. I didn’t know eBay sold planes, much less crashed ones.) The punchline; it turns out that this particular Stearman was used as a trainer by the Tuskegee Airmen, and may be the only one of their trainers that survived.

Meanwhile, the LAT covers the massive Nicaraguan banana worker pesticide lawsuit fraud, and does so in a manner that strikes me as tilting in the direction of the plaintiff’s lawyers; you know, the ones who are accused of perpetrating the fraud. Overlawyered has been doing a pretty good job of covering this suit as well.
(Brief summary: U.S. lawyers got up a whole bunch of lawsuits in U.S. courts alleging that workers on banana plantations were exposed to DBCP, a pesticide that supposedly caused sterility. Only it turns out that many of the plaintiffs never worked on banana plantations, or if they did, were never exposed to DBCP at a level that caused sterility.)

I meant to blog this over the weekend, but forgot to until today. Before I left, there was some discussion in our circle of the NYT “appreciation” of Walter Cronkite, which was embarrassingly error-ridden. The date of the moon landing was wrong (and this was with all the publicity leading up to the 40th anniversary), the date of Martin Luther King’s shooting was wrong (apparently, no one at the NYT listens to U2); if I had written an article with this many errors when I was a high-school journalist, Mrs. Kutsko would have kicked my ass.

Anyway, the NYT “public editor”, Clark Hoyt, addressed the fiasco in his Sunday column. You should go read it; the column is pretty blunt. I’ll pull what I think are a few choice quotes:

The short answer is that a television critic with a history of errors wrote hastily and failed to double-check her work, and editors who should have been vigilant were not.

For all her skills as a critic, Stanley was the cause of so many corrections in 2005 that she was assigned a single copy editor responsible for checking her facts. Her error rate dropped precipitously and stayed down after the editor was promoted and the arrangement was discontinued.

James Rainey at the LAT weighed in today on Hoyt’s column. He even went back and spoke to two previous “public editors”, Byron Calame and Daniel Okrent. More pull quotes from Rainey;

…Byron Calame, who told me that “a lot of New York Times editors don’t feel, in their gut, they have the right to challenge veteran and star reporters and columnists the way they need to.”

In fact, several people who work at the Times told me they are troubled that Stanley is a star whose continued accuracy problems seem to provoke no apparent discipline,

Both of the Times’ former public editors — Daniel Okrent and Calame — told me their critiques produced sharp rebukes from Stanley.

Okrent — who once criticized the critic for tone, not accuracy — remembers her as “extremely defensive and hostile,” while Calame said she attacked him as a nitpicker.

I want to say, “This is the New York Times, the paper of record. You’re supposed to pick nits.” But on second thought, that’s wrong. Journalism is about getting it right; it doesn’t matter if you’re the television critic for the New York Times or covering the Bozeman, Montana city council meetings. Being right – picking nits – is your job.

Posted in Clippings, Law, Media, Planes | Comments Closed

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