Justice Kennedy was at UM Law to welcome new students

Miami in August?  He needs to schedule this trip for beginning of the Spring semester...

Anyway, Justice Kennedy had this to say (via UM News):

He had expected answers such as The Verdict, To Kill a Mockingbird, or A Few Good Men—Hollywood films related to the legal profession that had strong messages and profound meaning.

But when U.S. Supreme Court Justice Anthony Kennedy saw the movie that many of the students applying to China’s first school of law based on the American law school model had cited as the Hollywood picture that most inspired them to want to become an attorney, he was shocked: Legally Blonde, a 2001 comedy that stars Reese Witherspoon as a sorority girl who struggles to win back her ex-boyfriend by earning a law degree.

Kennedy would later learn more about the film and understood why the students related to it. “For them it [law school] was a new and daring adventure,” he said Monday to about 250 first-year University of Miami School of Law students. “This was a risk, a different world…and I want you to feel that way about law school.”

What about Vinny?!

This is an incredible story

What happened here?

The jury agreed with the defense and had reasonable doubt about whether the dad did it..

The jury believed that the dad did it and the jury excused his behavior.

The jury didn't know and didn't care.

 

pollcode.com free polls

The USA Today covers this trial in which a man was accused of killing the man who killed his two sons in a DUI.  The jury acquitted him:

A jury has acquitted a southeast Texas man of murder in the fatal shooting of a drunken driver who had just caused an accident that killed the man's two sons.
David Barajas cried when the verdict was read Wednesday. He faced up to life in prison, if convicted.
Prosecutors had alleged that Barajas killed 20-year-old Jose Banda in a fit of rage after Banda plowed into Barajas and his sons while they were pushing a vehicle on a road near their hometown of Alvin. Twelve-year-old David Jr. and 11-year-old Caleb were killed.
Defense attorney Sam Cammack says Barajas didn't kill Banda and was only focused on saving his sons. The gun used to kill Banda wasn't found and there was little physical evidence tying Barajas to the killing.
After the trial was adjourned, the acquitted father spoke with reporters.
"I thank God. This has been hard on me and my family," he said, surrounded by his wife, lawyers and loved ones.
Barajas explained that he is bitter about be prosecuted, but is praying for that the Banda family get their justice.
Barajas said he is not sure who killed Banda.
***
Legal experts said prosecutors would likely have to overcome jury sympathy for Barajas, who had the support of many residents of Alvin, which is about 30 miles southeast of Houston. Further complicating their case was that there were no witnesses who identified Barajas as the shooter and gunshot residue tests done on Barajas came back negative.
Investigators testified that a bullet fragment found in Banda's car could have come from a .357-caliber gun, and that ammunition for such a gun was found in Barajas' home, along with a holster. Cammack said his client never owned a gun and that tests showed the bullet fragment also could have come from another weapon.
A forensic scientist testified that blood found on the driver's side door and driver's arm rest of Banda's car was consistent with that of Barajas.
The defense called only three witnesses to testify during the trial, which began last week.
But prosecution witnesses told jurors during questioning by Cammack that more gunfire had taken place well after Banda was shot - pointing to the possibility that the actual shooter was still at large - and that a search of Barajas' home failed to find any evidence that directly or indirectly linked him to the crime scene.
Cammack also suggested that Banda could have been shot by his own cousin or half-brother, who told investigators that they witnessed the crash but fled the scene. Both testified that they did not shoot Banda.
Cammack also used 911 calls to create a timeline that suggested Barajas would not have had enough time to shoot Banda.

Daily Report investigates how 11th Circuit handles complaints against judges

Alyson Palmer has this great article about her research into the complaints about judges filed with the 11th Circuit.  The very public suspension of Judge Fuller because of his arrest for domestic violence led her to investigate.  Some of her findings:

None of the orders found in the court's public files going back to 2006 refer to any discipline meted out to the judges. Generally the names of the judges whose conduct was being challenged, as well as those who were complaining, are redacted. Most were dismissed by the circuit's chief judge or someone acting in the chief's stead on the basis that the complaint amounted to an attack on the merits of a judge's decision or was not supported by enough evidence.Based on a complaint filed in 2009, a special committee was appointed to investigate an allegation that an unnamed district court judge had accepted a cash bribe for the promised release of a federal prisoner. According to an order signed by then-Chief Judge Joel Dubina dismissing the complaint, the investigation found no credible evidence to support the charges.In handling a similar allegation of bribery brought against an unnamed magistrate judge a few years later, Dubina simply rejected the complaint on his own as "facially incredible and lacking in indicia of reliability."Complaints from litigants often include allegations of racism. Those are usually brushed aside, but in 2007, then-Chief Judge J.L. Edmondson asked an unnamed magistrate judge to respond to such a complaint. According to Edmondson's order, the magistrate judge said in reference to a courtroom clock that was not working, "The Koreans can put a missile in the air, but the clock doesn't work in the courtroom." Identifying the complaining litigant as black and Asian, Edmondson said, "Judges must be guarded in their remarks, especially when touching on nationality and so on," but he concluded the remark was not derogatory about Asians and dismissed the complaint.A chief judge can conclude a misconduct case if he believes the judge in question has voluntarily remedied the problem raised by the complaint. Dubina in this way resolved a 2010 complaint about a judge's failure to include an expense-paid trip on a required financial disclosure form.The Eleventh Circuit also occasionally receives complaints from lawyers who say a judge is treating them unfairly. Dubina referred to a special committee for investigation a 2010 complaint by an attorney that alleged an unnamed bankruptcy court judge had engaged in an improper ex parte conversation and also told the attorney that if he did not change his phone system—which the judge said made it difficult to reach anyone in the office—the judge would "make things bumpy" for him.An order signed by Dubina later said the special committee, after an investigation that included witness interviews and document subpoenas, determined there was insufficient evidence to support the allegations.???Last year, the circuit received a complaint from an attorney about an unnamed district judge who allegedly had criticized the lawyer on more than one occasion. The attorney said the judge had acted erratically, and the lawyer was concerned that the judge suffered from a mental or physical health problem. Carnes' order dismissing the matter said he had interviewed 16 people, including judges, court staff and lawyers who regularly appear before the judge, and all stated the judge was not suffering from any kind of disability.In 2009, an attorney general of an unnamed state—presumably from Georgia, Florida or Alabama, the states in the circuit—filed a complaint regarding a senior district judge, saying the judge's use of "disrespectful and contemptuous language" suggested a bias against the AG, as well as a lack of respect for his state. Then-Eleventh Circuit Judge Stanley Birch dismissed the complaint in a one-page order saying that even if the judge acted as alleged, his conduct would not indicate a disability or be "prejudicial to the effective and expeditious administration of the business of the courts."

SHOCKER!

This story about a judge shocking a defendant can't be true, can it?  From the Baltimore Post Examiner:

Maryland Circuit Court Judge Robert C. Nalley — who in 2009 deflated the tire of a Toyota parked outside the Charles County courthouse – recently ordered a court security officer to administer an electrical shock to a defendant inside his courtroom.
On Nalley’s order, the Charles County Sheriff’s Department officer pushed a button that administered an electric shock to Delvon L. King, 25, of Waldorf. King, who is not a lawyer, represented himself against gun charges.
The incident occurred July 23 during jury selection, but apparently before any potential jurors were brought into the courtroom.
In the moments before Nalley ordered King to be shocked, the defendant did not threaten Nalley or anyone else, according to the court transcript. King did not make any threatening physical moves toward Nalley or anyone else, and did not attempt to flee, according to the defendant and his parents, Alexander and Doris King who were in the courtroom and witnessed the attack.

Delvon King, 25. (Photo provided by Alexander King to Baltimore Post-Examiner)

Nalley did not warn King in the moments before he ordered the officer to shock King, the transcript obtained by Baltimore Post-Examiner shows. The defendant was trying to cite a court case, and Nalley cut him off.
“Stop,” Nalley said, according to the transcript.
“… principles of common right and common reason are …” King said.
“Mr. Sheriff … ” Nalley said
“… null and void,” King continued.
“…do it,” Nalley ordered. “Use it.”
“(DEFENDANT SCREAMS).”
On Nalley’s order, a uniformed Charles County Sheriff’s Department officer pressed a button, which released a charge from an electronic device authorities had attached to King’s right leg. King crumpled to the ground in agony.
“I got shocked, and I was screaming for help,” King told the Baltimore Post-Examiner. “They had no reason to harm me like that. I really didn’t expect for any of that to happen.”
“He (Delvon) screamed and he kept screaming,” Alexander King said. “When the officer hit the button, it was like an 18-wheeler hit Delvon. He hit the ground that quick. He kept screaming until the pain subsided.”
Nalley asked the officer to shock King once or twice before he gave a more emphatic directive, which the officer followed, Alexander and Doris King said.
“It wasn’t the officer’s idea, from what I saw,” Alexander King said. “He didn’t do it the first time (Nalley gave the order).”
Before Nalley ordered the court officer to electroshock him, King tried to question whether the court had jurisidiction over him by citing legal cases. King considers himself a “sovereign citizen” and believes the government and its laws do not apply to him.
- See more at: http://baltimorepostexaminer.com/maryland-judge-robert-nalley-ordered-officer-shock-defendant-court/2014/08/18#sthash.l4fkYbvK.dpuf

Maryland Circuit Court Judge Robert C. Nalley — who in 2009 deflated the tire of a Toyota parked outside the Charles County courthouse – recently ordered a court security officer to administer an electrical shock to a defendant inside his courtroom.
On Nalley’s order, the Charles County Sheriff’s Department officer pushed a button that administered an electric shock to Delvon L. King, 25, of Waldorf. King, who is not a lawyer, represented himself against gun charges.
The incident occurred July 23 during jury selection, but apparently before any potential jurors were brought into the courtroom.
In the moments before Nalley ordered King to be shocked, the defendant did not threaten Nalley or anyone else, according to the court transcript. King did not make any threatening physical moves toward Nalley or anyone else, and did not attempt to flee, according to the defendant and his parents, Alexander and Doris King who were in the courtroom and witnessed the attack.

Delvon King, 25. (Photo provided by Alexander King to Baltimore Post-Examiner)

Nalley did not warn King in the moments before he ordered the officer to shock King, the transcript obtained by Baltimore Post-Examiner shows. The defendant was trying to cite a court case, and Nalley cut him off.
“Stop,” Nalley said, according to the transcript.
“… principles of common right and common reason are …” King said.
“Mr. Sheriff … ” Nalley said
“… null and void,” King continued.
“…do it,” Nalley ordered. “Use it.”
“(DEFENDANT SCREAMS).”
On Nalley’s order, a uniformed Charles County Sheriff’s Department officer pressed a button, which released a charge from an electronic device authorities had attached to King’s right leg. King crumpled to the ground in agony.
“I got shocked, and I was screaming for help,” King told the Baltimore Post-Examiner. “They had no reason to harm me like that. I really didn’t expect for any of that to happen.”
“He (Delvon) screamed and he kept screaming,” Alexander King said. “When the officer hit the button, it was like an 18-wheeler hit Delvon. He hit the ground that quick. He kept screaming until the pain subsided.”
Nalley asked the officer to shock King once or twice before he gave a more emphatic directive, which the officer followed, Alexander and Doris King said.
“It wasn’t the officer’s idea, from what I saw,” Alexander King said. “He didn’t do it the first time (Nalley gave the order).”
Before Nalley ordered the court officer to electroshock him, King tried to question whether the court had jurisidiction over him by citing legal cases. King considers himself a “sovereign citizen” and believes the government and its laws do not apply to him.
- See more at: http://baltimorepostexaminer.com/maryland-judge-robert-nalley-ordered-officer-shock-defendant-court/2014/08/18#sthash.l4fkYbvK.dpuf

Maryland Circuit Court Judge Robert C. Nalley — who in 2009 deflated the tire of a Toyota parked outside the Charles County courthouse – recently ordered a court security officer to administer an electrical shock to a defendant inside his courtroom.
On Nalley’s order, the Charles County Sheriff’s Department officer pushed a button that administered an electric shock to Delvon L. King, 25, of Waldorf. King, who is not a lawyer, represented himself against gun charges.
The incident occurred July 23 during jury selection, but apparently before any potential jurors were brought into the courtroom.
In the moments before Nalley ordered King to be shocked, the defendant did not threaten Nalley or anyone else, according to the court transcript. King did not make any threatening physical moves toward Nalley or anyone else, and did not attempt to flee, according to the defendant and his parents, Alexander and Doris King who were in the courtroom and witnessed the attack.

Delvon King, 25. (Photo provided by Alexander King to Baltimore Post-Examiner)

Nalley did not warn King in the moments before he ordered the officer to shock King, the transcript obtained by Baltimore Post-Examiner shows. The defendant was trying to cite a court case, and Nalley cut him off.
“Stop,” Nalley said, according to the transcript.
“… principles of common right and common reason are …” King said.
“Mr. Sheriff … ” Nalley said
“… null and void,” King continued.
“…do it,” Nalley ordered. “Use it.”
“(DEFENDANT SCREAMS).”
On Nalley’s order, a uniformed Charles County Sheriff’s Department officer pressed a button, which released a charge from an electronic device authorities had attached to King’s right leg. King crumpled to the ground in agony.
“I got shocked, and I was screaming for help,” King told the Baltimore Post-Examiner. “They had no reason to harm me like that. I really didn’t expect for any of that to happen.”
“He (Delvon) screamed and he kept screaming,” Alexander King said. “When the officer hit the button, it was like an 18-wheeler hit Delvon. He hit the ground that quick. He kept screaming until the pain subsided.”
Nalley asked the officer to shock King once or twice before he gave a more emphatic directive, which the officer followed, Alexander and Doris King said.
“It wasn’t the officer’s idea, from what I saw,” Alexander King said. “He didn’t do it the first time (Nalley gave the order).”
Before Nalley ordered the court officer to electroshock him, King tried to question whether the court had jurisidiction over him by citing legal cases. King considers himself a “sovereign citizen” and believes the government and its laws do not apply to him.
- See more at: http://baltimorepostexaminer.com/maryland-judge-robert-nalley-ordered-officer-shock-defendant-court/2014/08/18#sthash.l4fkYbvK.dpuf

Maryland Circuit Court Judge Robert C. Nalley — who in 2009 deflated the tire of a Toyota parked outside the Charles County courthouse – recently ordered a court security officer to administer an electrical shock to a defendant inside his courtroom.

On Nalley’s order, the Charles County Sheriff’s Department officer pushed a button that administered an electric shock to Delvon L. King, 25, of Waldorf. King, who is not a lawyer, represented himself against gun charges.

The incident occurred July 23 during jury selection, but apparently before any potential jurors were brought into the courtroom.

In the moments before Nalley ordered King to be shocked, the defendant did not threaten Nalley or anyone else, according to the court transcript. King did not make any threatening physical moves toward Nalley or anyone else, and did not attempt to flee, according to the defendant and his parents, Alexander and Doris King who were in the courtroom and witnessed the attack.

Delvon King, 25. (Photo provided by Alexander King to Baltimore Post-Examiner)

Nalley did not warn King in the moments before he ordered the officer to shock King, the transcript obtained by Baltimore Post-Examiner shows. The defendant was trying to cite a court case, and Nalley cut him off.

“Stop,” Nalley said, according to the transcript.

“… principles of common right and common reason are …” King said.

“Mr. Sheriff … ” Nalley said

“… null and void,” King continued.

“…do it,” Nalley ordered. “Use it.”

“(DEFENDANT SCREAMS).”

On Nalley’s order, a uniformed Charles County Sheriff’s Department officer pressed a button, which released a charge from an electronic device authorities had attached to King’s right leg. King crumpled to the ground in agony.

“I got shocked, and I was screaming for help,” King told the Baltimore Post-Examiner. “They had no reason to harm me like that. I really didn’t expect for any of that to happen.”

“He (Delvon) screamed and he kept screaming,” Alexander King said. “When the officer hit the button, it was like an 18-wheeler hit Delvon. He hit the ground that quick. He kept screaming until the pain subsided.”

Nalley asked the officer to shock King once or twice before he gave a more emphatic directive, which the officer followed, Alexander and Doris King said.

“It wasn’t the officer’s idea, from what I saw,” Alexander King said. “He didn’t do it the first time (Nalley gave the order).”

Before Nalley ordered the court officer to electroshock him, King tried to question whether the court had jurisidiction over him by citing legal cases. King considers himself a “sovereign citizen” and believes the government and its laws do not apply to him.

Maryland Circuit Court Judge Robert C. Nalley — who in 2009 deflated the tire of a Toyota parked outside the Charles County courthouse – recently ordered a court security officer to administer an electrical shock to a defendant inside his courtroom.
On Nalley’s order, the Charles County Sheriff’s Department officer pushed a button that administered an electric shock to Delvon L. King, 25, of Waldorf. King, who is not a lawyer, represented himself against gun charges.
The incident occurred July 23 during jury selection, but apparently before any potential jurors were brought into the courtroom.
In the moments before Nalley ordered King to be shocked, the defendant did not threaten Nalley or anyone else, according to the court transcript. King did not make any threatening physical moves toward Nalley or anyone else, and did not attempt to flee, according to the defendant and his parents, Alexander and Doris King who were in the courtroom and witnessed the attack.

Delvon King, 25. (Photo provided by Alexander King to Baltimore Post-Examiner)

Nalley did not warn King in the moments before he ordered the officer to shock King, the transcript obtained by Baltimore Post-Examiner shows. The defendant was trying to cite a court case, and Nalley cut him off.
“Stop,” Nalley said, according to the transcript.
“… principles of common right and common reason are …” King said.
“Mr. Sheriff … ” Nalley said
“… null and void,” King continued.
“…do it,” Nalley ordered. “Use it.”
“(DEFENDANT SCREAMS).”
On Nalley’s order, a uniformed Charles County Sheriff’s Department officer pressed a button, which released a charge from an electronic device authorities had attached to King’s right leg. King crumpled to the ground in agony.
“I got shocked, and I was screaming for help,” King told the Baltimore Post-Examiner. “They had no reason to harm me like that. I really didn’t expect for any of that to happen.”
“He (Delvon) screamed and he kept screaming,” Alexander King said. “When the officer hit the button, it was like an 18-wheeler hit Delvon. He hit the ground that quick. He kept screaming until the pain subsided.”
Nalley asked the officer to shock King once or twice before he gave a more emphatic directive, which the officer followed, Alexander and Doris King said.
“It wasn’t the officer’s idea, from what I saw,” Alexander King said. “He didn’t do it the first time (Nalley gave the order).”
Before Nalley ordered the court officer to electroshock him, King tried to question whether the court had jurisidiction over him by citing legal cases. King considers himself a “sovereign citizen” and believes the government and its laws do not apply to him.
- See more at: http://baltimorepostexaminer.com/maryland-judge-robert-nalley-ordered-officer-shock-defendant-court/2014/08/18#sthash.l4fkYbvK.dpuf

Maryland Circuit Court Judge Robert C. Nalley — who in 2009 deflated the tire of a Toyota parked outside the Charles County courthouse – recently ordered a court security officer to administer an electrical shock to a defendant inside his courtroom.
On Nalley’s order, the Charles County Sheriff’s Department officer pushed a button that administered an electric shock to Delvon L. King, 25, of Waldorf. King, who is not a lawyer, represented himself against gun charges.
The incident occurred July 23 during jury selection, but apparently before any potential jurors were brought into the courtroom.
In the moments before Nalley ordered King to be shocked, the defendant did not threaten Nalley or anyone else, according to the court transcript. King did not make any threatening physical moves toward Nalley or anyone else, and did not attempt to flee, according to the defendant and his parents, Alexander and Doris King who were in the courtroom and witnessed the attack.

Delvon King, 25. (Photo provided by Alexander King to Baltimore Post-Examiner)

Nalley did not warn King in the moments before he ordered the officer to shock King, the transcript obtained by Baltimore Post-Examiner shows. The defendant was trying to cite a court case, and Nalley cut him off.
“Stop,” Nalley said, according to the transcript.
“… principles of common right and common reason are …” King said.
“Mr. Sheriff … ” Nalley said
“… null and void,” King continued.
“…do it,” Nalley ordered. “Use it.”
“(DEFENDANT SCREAMS).”
On Nalley’s order, a uniformed Charles County Sheriff’s Department officer pressed a button, which released a charge from an electronic device authorities had attached to King’s right leg. King crumpled to the ground in agony.
“I got shocked, and I was screaming for help,” King told the Baltimore Post-Examiner. “They had no reason to harm me like that. I really didn’t expect for any of that to happen.”
“He (Delvon) screamed and he kept screaming,” Alexander King said. “When the officer hit the button, it was like an 18-wheeler hit Delvon. He hit the ground that quick. He kept screaming until the pain subsided.”
Nalley asked the officer to shock King once or twice before he gave a more emphatic directive, which the officer followed, Alexander and Doris King said.
“It wasn’t the officer’s idea, from what I saw,” Alexander King said. “He didn’t do it the first time (Nalley gave the order).”
Before Nalley ordered the court officer to electroshock him, King tried to question whether the court had jurisidiction over him by citing legal cases. King considers himself a “sovereign citizen” and believes the government and its laws do not apply to him.
- See more at: http://baltimorepostexaminer.com/maryland-judge-robert-nalley-ordered-officer-shock-defendant-court/2014/08/18#sthash.l4fkYbvK.dpuf

Acquitted conduct issue may be before the Supreme Court again

One issue that non-lawyers (as well as non-criminal lawyers) completely do not believe is that you can be sentenced based on conduct for which you have been acquitted.  That's been the law since 1997 in a case called Watts, which held that acquitted conduct, proved by a preponderance of the evidence, could be used to increase a defendant's sentence.  This concept is being challenged again in Ball v. United States.  From the Blog of the Legal Times:

 The issue comes to the court in a Washington drug case, Ball v. United States, along with significant help from a leading sentencing scholar, the libertarian Cato Institute and the Rutherford Institute. According to the court’s docket, the petition will be before the court for consideration—along with hundreds of others—at its September 29 conference.
After an eight-month trial in 2007, the jury found Antwaun Ball, Desmond Thurston and Joseph Jones guilty of selling between two and 11 grams of cocaine, relatively small amounts. But they were acquitted on racketeering and other charges that they were part of an extensive narcotics conspiracy.
Yet when Judge Richard Roberts sentenced the three men, he said he “saw clear evidence of a drug conspiracy,” and on that basis ultimately sentenced Ball, Thurston and Jones to 18, 16 and 15 years in prison, respectively—four times higher than the highest sentences given for others who sold similar amounts of cocaine, according to the petition in their case.
“Nobody in the federal system gets this kind of time,” said Stephen Leckar, of counsel to Kalbian Hagerty in Washington, who represents the defendants. “In this country, people are punished for charges that are proven to a jury’s satisfaction.”
Asserting that the sentencing judge “marginalized the role of the jury,” Leckar said the jury foreman in his case wrote a letter to the judge. The letter stated, “It seems to me a tragedy that one is asked to serve on a jury, serves, but then finds out their work may not be given the credit it deserves.”
On appeal, the U.S. Court of Appeals for the D.C. Circuit affirmed the sentence even though it was based in part on acquitted conduct.
“Although we understand why appellants find sentencing based on acquitted conduct unfair,” the court said, “binding precedent of this court establishes that the practice does not violate the Sixth Amendment when the conduct is established by a preponderance of the evidence and the sentence does not exceed the statutory maximum for the crime.” The “preponderance of the evidence” standard for sentencing is easier to meet than the “beyond a reasonable doubt” standard jurors use to find guilt.