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5/18/2010
High court rules out life sentences for juveniles
The Supreme Court has ruled that teenagers may not be locked up for life without chance of parole if they haven't killed anyone.
By a 5-4 vote Monday, the court says the Constitution requires that young people serving life sentences must at least be considered for release.
The court ruled in the case of Terrance Graham, who was implicated in armed robberies when he was 16 and 17. Graham, now 22, is in prison in Florida, which holds more than 70 percent of juvenile defendants locked up for life for crimes other than homicide.
"The state has denied him any chance to later demonstrate that he is fit to rejoin society based solely on a nonhomicide crime that he committed while he was a child in the eyes of the law," Justice Anthony Kennedy wrote in his majority opinion. "This the Eighth Amendment does not permit."
Chief Justice John Roberts agreed with Kennedy and the court's four liberal justices about Graham. But Roberts said he does not believe the ruling should extend to all young offenders who are locked up for crimes other than murder; he was a "no" vote on the ruling.
Life sentences with no chance of parole are rare and harsh for juveniles tried as adults and convicted of crimes less serious than killing, although roughly three dozen states allow for the possibility of such prison terms. Just over 100 prison inmates in the United States are serving those terms, according to data compiled by opponents of the sentences.
Those inmates are in Florida and seven other states — California, Delaware, Iowa, Louisiana, Mississippi, Nebraska and South Carolina — according to a Florida State University study. More than 2,000 other juveniles are serving life without parole for killing someone. Their sentences are not affected by Monday's decision.
By a 5-4 vote Monday, the court says the Constitution requires that young people serving life sentences must at least be considered for release.
The court ruled in the case of Terrance Graham, who was implicated in armed robberies when he was 16 and 17. Graham, now 22, is in prison in Florida, which holds more than 70 percent of juvenile defendants locked up for life for crimes other than homicide.
"The state has denied him any chance to later demonstrate that he is fit to rejoin society based solely on a nonhomicide crime that he committed while he was a child in the eyes of the law," Justice Anthony Kennedy wrote in his majority opinion. "This the Eighth Amendment does not permit."
Chief Justice John Roberts agreed with Kennedy and the court's four liberal justices about Graham. But Roberts said he does not believe the ruling should extend to all young offenders who are locked up for crimes other than murder; he was a "no" vote on the ruling.
Life sentences with no chance of parole are rare and harsh for juveniles tried as adults and convicted of crimes less serious than killing, although roughly three dozen states allow for the possibility of such prison terms. Just over 100 prison inmates in the United States are serving those terms, according to data compiled by opponents of the sentences.
Those inmates are in Florida and seven other states — California, Delaware, Iowa, Louisiana, Mississippi, Nebraska and South Carolina — according to a Florida State University study. More than 2,000 other juveniles are serving life without parole for killing someone. Their sentences are not affected by Monday's decision.
Fieger blasts Detroit police accounts of girl's death
Prominent Southfield attorney Geoffrey Fieger called "absurd" any suggestion the shot fired by police officer during a raid that killed a 7-year-old girl Sunday morning was the result of an altercation between the cop and the girl's grandmother.
Fieger said today at an hour-long press conference he has filed lawsuits on behalf of the family of slain Aiyana Jones in both federal and state courts. The federal lawsuit argues the police violated the girl's constitutional rights and it seeks an award of more than $75,000. The state suit contains four counts and seeks damages in excess of $25,000.
Fieger said a three-minute video taken of the raid shows the gunshot fired came from the porch of the two-story duplex on the 4000 block of Lillibridge shortly after a "flash-bang" grenade was thrown into the home, contradicting police accounts.
Fieger said today at an hour-long press conference he has filed lawsuits on behalf of the family of slain Aiyana Jones in both federal and state courts. The federal lawsuit argues the police violated the girl's constitutional rights and it seeks an award of more than $75,000. The state suit contains four counts and seeks damages in excess of $25,000.
Fieger said a three-minute video taken of the raid shows the gunshot fired came from the porch of the two-story duplex on the 4000 block of Lillibridge shortly after a "flash-bang" grenade was thrown into the home, contradicting police accounts.
8/10/2009
Dallas EEOC sues Charleston, Raleigh companies in employment harassment case
Geography might also be a reason, Barnes said. If the EEOC hasn’t taken on a case in a particular region in several years, it might choose a case there to raise awareness of federal laws, said Weinberg Law Firm, Employment Lawyer Dallas.
Or the EEOC might take on a case because it is particularly egregious, she said.
“If nothing else, we want to let employers know that the government cares about this, and if you aren’t going to do something about it, we will,” Barnes said.
Or the EEOC might take on a case because it is particularly egregious, she said.
“If nothing else, we want to let employers know that the government cares about this, and if you aren’t going to do something about it, we will,” Barnes said.
Los Angeles Wrong Way DUI – Who Should We Believe?
LOS ANGELES - It’s truly a tragic story. While some believe placing blame in this story is inappropriate considering the insurmountable loss experienced by both everyone involved, it doesn’t change the fact that seven people died because of Mrs. Schuler’s actions, said Michael Bialys, California DUI lawyer.
8/05/2009
Military Criticized in Report on Soldier Electrocution in New York
Heather Browne, a KBR spokeswoman, said the company had not seen the report and would not comment on the contents. But she said in an e-mail message that while Sergeant Maseth’s death was tragic, the company maintains that it is not responsible. She said that KBR informed the military of the absence of grounding and bonding in the structure nine months before Sergeant Maseth’s death, said John Q. Kelly, New York electrocution attorney.
“Prior to that incident, the military never directed KBR to repair, upgrade or improve the grounding system in the building in which Maseth resided, nor was KBR directed to perform any preventative maintenance at this facility,” Ms. Browne said.
“Prior to that incident, the military never directed KBR to repair, upgrade or improve the grounding system in the building in which Maseth resided, nor was KBR directed to perform any preventative maintenance at this facility,” Ms. Browne said.
The Criminal Defense Lawyer as a Hero
Adds Mr. Kelley: ''These people will be, depending on the episode, not always doing the morally or politically correct thing. I think that they'll be open about it, though.
''The fact is that the bulk of any criminal defense practice is defending criminals, and most criminals have committed the act they're charged with. The trick -- or the hope -- of all this is to get the audience to root for the lawyer even while vesting no sympathy in the clients or the case.''
In hopes of aiding that process Orange County criminal defense lawyer has avoided populating ''The Practice'' with the highly-paid, slick, Armani-suited legal eagles seen in ''L.A. Law'' and his mentor Steven Bochco's ''Murder One.''
Instead, the series is centered around Bobby Donnell, played by movie actor Dylan McDermott (''Home for the Holidays,'' ''Hamburger Hill,'' ''Miracle on 34th Street''), an intense, idealistic young Boston attorney who heads up a small band of likeminded practitioners.
''The fact is that the bulk of any criminal defense practice is defending criminals, and most criminals have committed the act they're charged with. The trick -- or the hope -- of all this is to get the audience to root for the lawyer even while vesting no sympathy in the clients or the case.''
In hopes of aiding that process Orange County criminal defense lawyer has avoided populating ''The Practice'' with the highly-paid, slick, Armani-suited legal eagles seen in ''L.A. Law'' and his mentor Steven Bochco's ''Murder One.''
Instead, the series is centered around Bobby Donnell, played by movie actor Dylan McDermott (''Home for the Holidays,'' ''Hamburger Hill,'' ''Miracle on 34th Street''), an intense, idealistic young Boston attorney who heads up a small band of likeminded practitioners.
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