Law News Florida - Florida Legal News and Blawg - Part 2

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Facts

Quote of the Day - 18 May 2012

Facts do not cease to exist because they are ignored. Aldous Huxley, (1894-1963)

Inmate Who Claims Wrongful Conviction May Be Freed

Florida - 18 May 2012

Federal prosecutors have agreed to allow the early release of a West Palm Beach man who says he was wrongfully convicted of drug trafficking charges 10 years ago because of false testimony by a now-disgraced police officer. However, the defendant, 45-year-old Elroy Phillips, still must convince U.S. District Judge Joan Lenard that his case was [...]

Possible Delays In Court System From Budget Cuts

Florida - 18 May 2012

A $2 million deficit in the Orange County Clerk of Courts office could put a big strain on the more than 2,300 parents actively trying to collect child support for their families. The uphill battle that parents face could get worse. Because of the budget cuts, Orange County Clerk of Courts Lydia Gardner is considering [...]

Trayvon Martin Case Shadowed By Series Of Police Missteps

Florida - 18 May 2012

Mistakes by the Police Department in Sanford, Fla., and circumstances beyond its control, could make it more difficult to pursue a case against George Zimmerman. (Read Full Article Here)

Court Backs Florida Teacher Fired In Maternity Case

Florida - 18 May 2012

The article is by The Associated Press. A federal appeals court ruled Wednesday [May 16] in favor of a fourth-grade teacher who claimed she was wrongly fired by the principal of a Christian school in Florida after she disclosed that she got pregnant before she married. The 11th U.S. Circuit Court of Appeals on Wednesday [May 16] [...]

Santa Rosa County: A Greener Clerk Of Courts

Florida - 18 May 2012

The Santa Rosa County court system is not completely paperless, but it is using a lot less paper. Santa Rosa County Clerk of Courts Mary Johnson is being hailed as the first clerk in the state to allow criminal court paperwork to be filed and handled electronically all the way from the attorney’s desk to [...]

State Attorney Seeks Blanket Recusal Of Fla. Judge Who Criticized Criminal Justice System

Florida - 18 May 2012

Now Cohen is the target of a blanket recusal motion that observers say may be unprecedented in Palm Beach County. Interim State Attorney Peter Antonacci is seeking to disqualify him from all criminal cases, contending in an affidavit that ‘Judge Cohen’s remarks over a period of years reflect a predisposition against the state and a [...]

Wrong Fight, Wrong Judge

Florida - 18 May 2012

The editorial states: “Palm Beach County residents must hope that the attempt to disqualify a judge isn’t typical of the work under interim State Attorney Peter Antonacci. . . . In August, County Judge Barry Cohen is set to preside over the trial of Richard Daniels. . .[who] faces first-degree murder, attempted first-degree murder and [...]

Appeals Court To Rule On Florida Law Targeting Political Groups

Florida - 18 May 2012

The article is by the News Service of Florida. An organization opposed to gay marriage is asking a federal appeals court to reject parts of a Florida election law that seeks to rein in outside political groups. The National Organization for Marriage is challenging the constitutionality of 2010 legislation that dealt with what are known as “electioneering [...]

Roger Clemens’s Lawyer Seeks To Undercut Chief Witness’ Credibility

National - 18 May 2012

A lawyer for Roger Clemens today tried to undermine the credibility of the government’s chief witness, suggesting it was implausible that a professional baseball star would seek the help of a relative stranger to acquire and inject steroids just weeks after the two first met. The witness, Brian McNamee, who told jurors this week that [...]

N.Y. Chief Judge Urges Passage Of Bill To Up Age Of Criminal Responsibility

National - 18 May 2012

New York Chief Judge Jonathan Lippman has begun an aggressive campaign to achieve his top legislative priority: passage of a court system reform that would raise to 18 from 16 the age of criminal responsibility for non-violent crimes. (Read Full Article Here)

Preying On The Poor

National - 18 May 2012

By Barbara Ehrenreich, “According to one of the few recent nationwide estimates, from the National Association of Criminal Defense Lawyers, 10.5 million misdemeanors were committed in 2006. No one would risk estimating the average financial penalty for a misdemeanor, although the experts I interviewed all affirmed that the amount is typically in the “hundreds of [...]

There’s No Place Like Home – To Die

National - 18 May 2012

Movie images of families visiting their aging, senile relatives in nursing homes doesn’t quite reflect reality. In fact, those with dementia are more often than not at home. A recent study has found that those who have dementia are more likely to die … (Read Full Article Here)

Dewey’s Internal Probe May Be Dead, But DA’s Inquiry Goes On

National - 18 May 2012

A criminal investigation launched by the Manhattan DA’s office into the actions of Dewey & LeBoeuf’s former chairman is moving ahead. Partners still with Dewey as of May 10 received an email telling them to retain all documents in their possession related to a variety of Dewey business practices, according to three partners who received [...]

Calif. Justices To Decide If Undocumented Alien Can Be Admitted To State Bar

National - 18 May 2012

The California Supreme Court has unanimously agreed to consider whether an undocumented immigrant brought to the U.S. as a young child should be admitted to the State Bar. Sergio Garcia’s attorney says Garcia’s application for a green card has been pending for more than 15 years. (Read Full Article Here)

Faulting NYC’s “Cavalier Attitude,” Federal Judge OKs Stop-And-Frisk Class

National - 18 May 2012

Alluding to ‘overwhelming evidence’ that the New York Police Department is running a centralized stop-and-frisk program that has led to thousands of unconstitutional stops, a federal judge has certified a 2008 class action challenging the policy. The suit alleged that the NYPD engaged in a widespread practice of concentrating its stop-and-frisk activity in black and [...]

Study Links Athletic, Military Brain Injuries

National - 18 May 2012

Additionally, scientists have long warned that many of those veterans may be at risk of long-term problems such as Alzheimer’s-like dementia. Wednesday’s study, while very small, sheds important light on how damaging those TBIs can be even if the … (Read Full Article Here)

Memories In The Making Art Auction Uses Artworks By Patients To Fund…

National - 18 May 2012

The program is not “art therapy,” which implies it can help heal an injury, but it is therapeutic. “Painting is a positive thing for people with Alzheimer’s because it gets them interacting with others, gets them actively using their brain, … (Read Full Article Here)

Suspension Recommended For Necktie Thief

National - 18 May 2012

An ethics board has recommended a three-month suspension for an attorney who stole neckties from a Nordstrom department store while he worked for the U.S. Treasury Department. The board took into account mental health professionals’ opinions that the attorney’s actions were related to depression stemming from the breakup of his marriage. (Read Full Article Here)

Federal Ruling Blocks Part Of Anti-Terrorism Detention Law

National - 18 May 2012

A federal judge has blocked enforcement of part of a law allowing the indefinite detention and military trial of any person who ‘substantially supported’ al-Qaida, the Taliban or “associated forces” in armed conflict. Journalists and activists claimed the provision would sweep up reporters and advocates who contact designated terror groups. (Read Full Article Here)

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