Tennessee Executes Horton

The State of TN has utilized the electric chair for the first time since 1960.

Full articlehttp://www.tennessean.com/apps/pbcs.dll/article?AID=/20070912/NEWS03/70912005

Potential Juror Claims that He's not Fit to Serve . . . Judge Says It's Just an Excuse

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Bill to Increase Federal Judges' Pay Faces Uphill Battle in Congress

The bill would increase federal judges' salaries by approximately one-third . . . the issue of underpaid federal judges has been an issue for many years with former Chief Justice Rehnquist being one of the strongest proponents of increasing judges' pay.

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Restaurant Sues Critic - Asks that His Identity be Revealed

Critic writes that steak is "miserably tough and fatty" . . . now, restaurant has sued for libel and is seeking to have the critic take a video deposition. Critic and the newspaper he works for are fighting depo.

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Mother of Executed Inmate Sues State of Ohio Over 90 Min. Execution in 2006

According to the record preserved by the execution team, the process took almost 90 min. when team members could not locate a vein through which to administer the lethal injection.

How strong is her case?

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Davidson Co. (TN) Judges Mandate Dress Code

No more do-rags or low-riding pants in some Nashville Courts . . .

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Supreme Court: Race Cannot be a Factor in Assigning Children to Public Schools

Justice Kennedy wrote the concurring (swing) opinion . . . He stopped short of 'never' but the district would bear the burden of demonstrating a compelling interest.

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KY Supreme Court Rejects 'Pre Collision Fear' Damages

The Kentucky Supreme Court has overturned damages awared to the estate of a woman who was killed in a 2002 collision. Witnesses at the scene testified that her face was frozen in a scream pose when they found her. This led to increased damages at trial.

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Father files federal suit against child support system

A father who spent two days in jail, and who later had his criminal contempt sentence overturned, is suing the State's child support system in federal court.

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Cincinnati Strangler Dies in Prison at Age 69

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UT Knoxville Turns Student Names Into RIAA

UTK has submitted names of alleged illegal music sharing students to the recording industry. The RIAA promises to pursue and prosecute those who are utilizing peer to peer sharing of songs illegally.

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NY Prisoners Sue Over Removal of Islamic Books from Prison Library

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NY Prisoners Sue Over Removal of Islamic Books from Prison Library

Post 9/11 policy requires removal of prison library material deemed to be pro-radical Islamic. NY prisoners are suing the State's prison system on First Amendment grounds.

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Ladies and Gentlemen of the Jury, My Client is an Idiot

Attorney argues that his client is an idiot, but not a rapist.

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$184 million divorce verdict

Maya Polsky has been granted approximately $184 million in what may be the largest divorce verdict in U.S. History.

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You Have the Right to . . . a Divorce Attorney?

Washington State is considering a case in which a party to a divorce action is seeking to have a government subsidized attorney appointed to ensure equal representation.

Good idea or bad idea?

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O'Connor: Members of Court May Change - Precedent Does Not

Former Supreme Court Justice Sandra O'Connor speaks out about the importance of stare decisis:

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Death Penalty Opponents Decry Ohio Execution

The ACLU and other groups are asking for a moratorium on executions in Ohio after State officials took just under two hours to execute a condemned prisoner. Officials needed ten tries to locate a vein that could be used to administer the lethal injection.

Is this just cause to institute a moratorium? Why or why not?

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Coke Employees Get 'The Real Thing': Prison Sentences

Two Coke employees have been sentenced for attempting to sell trade secrets/products to Pepsi. Interesting that Pepsi is the one who tipped Coke off on the offer.

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Issue for the Supreme Court: Does Capital Punishment for Child Rape Violate the 8th Amendment?

. . . it does not, according to the LA Supreme Court. While it's unknown if the U.S. Supreme Court will review the case, it's possible that the Court could issue it's first opinion on this issue since 1977 (wherein the Court held that the 8th Amendment prohibits capital punishment for rape of an adult).

Your thoughts?

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Are Psychic Readings Protected by the 1st Amendment?

The legislative officials in Livingston Parish, LA don't think so . . . By way of a unanimous vote, telling the future for money has been criminalized. So, is the fortune telling protected speech? If so, does the local government have a compelling interest sufficient to criminalize it?

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High Court: Parents May Represent Themselves in Federal Suit

The U.S. Supreme Court has issued a unanimous ruling that a couple may sue their local school district, and represent themselves, on behalf of their autistic son. The Court did not address the substantive issue of whether the school system must pay for the child's private education. However, this procedural ruling will permit the case to proceed toward the trial stage.

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Mass. Court: Gay Marriages by New Yorkers Prior to July 2006 are Valid

Courts in Massachusetts have ruled that gay marriages for New Yorkers prior to July 2006 (when NY enacted a measure refusing to recognize gay marriages enacted in other states) are valid. Interesting jurisdictional issues . . .

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"That's so gay" student lawsuit is dismissed

The student who was reprimanded at school for saying "That's so gay" had filed a civil suit against the school district accusing the defendant of applying a double-standard in that the school allegedly protected homosexual rights while permitting other students to tease the plaintiff for her Mormon beliefs. The lawsuit was dismissed.

Your thoughts?

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Efforts to Limit Medical Malpractice Awards Stall in TN General Assembly

It appears that efforts to limit medical malpractice awards have been stalled and the measure will likely not be voted on until the next legislative session.

This has been attempted for many years, now, without success. Is it needed?

Full article

Divorce rates decline = Stronger marriages in U.S.?

Divorce rates lowest since 1970 . . .

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Deceased Sperm Donor Ordered to Pay Child Support

A Pennsylvania Court has ruled that a deceased sperm donor is liable for child support. No word on whether attempts will be made to collect from his estate. The ruling indicates that liability attached in this case due to the donor's close relationship with the children.

This raises questions as to whether egg donors and surrogate mothers might also be liable for child support in Pennsylvania . . .

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Racy "Life's Short, Get a Divorce" Law Firm Billboard is Pulled

Some of you may have seen this on CNN yesterday . . . the law firm sees nothing wrong with its ad, but many passersby evidently did:

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Philip Workman Becomes 3rd Person Executed in Tennessee since 1960

Here's an article from the Tennessean regarding Philp Workman's execution earlier this morning. If you'll remember, the State issued new execution protocols last week. The U.S. Supreme Court denied his last appeal on Tuesday and the Tennessee Supreme Court issued a denial just after midnight.

Workman Execution Article

Law seeks to permit guns in parks . . . good idea or bad idea?

The Tennessee Legislature is considering a bill that would permit Tennesseans who have handgun permits to carry their weapons into state parks. The Virginia Tech tragedy seems to have given the bill a head of steam as it makes its way through committees.

Good idea or bad idea?

http://www.tennessean.com/apps/pbcs.dll/article?AID=/20070508/NEWS0201/705080371

Ouch . . . Here's a lawsuit by a Met's fan who says she was squished by a 300 lb., intoxicated fan (oh yes, the plaintiff just happens to be a lawyer)

NEW YORK (AP) -- A New York Mets fan has filed suit, contending a drunken, 300-pound man fell on her during the home opener at Shea Stadium and broke her back.

Ellen Massey, a 58-year-old Manhattan lawyer, sued the team, the beer concession, the union that represents the security guards at the ballpark and "John Doe," the unidentified man who toppled on her.

Massey had surgery for spinal injuries and was hospitalized for about two weeks, said her lawyer, Stephen Kaufman. Doctors put rods and screws in her back and will have to operate on her again, he said.

The lawsuit, filed Friday in Manhattan's state Supreme Court, seeks unspecified money damages.
"We believe the claim has no merit," the Mets said in a statement.

Massey said that on April 9 she was in the second row of the right field upper deck near a "visibly intoxicated" man who was "acting in a rowdy, boisterous and dangerous manner for a long period of time."

The man, who has not been found or identified, later "fell upon plaintiff causing her to sustain severe personal injuries," court papers said.

"He got up and left," apparently uninjured, Kaufman said. "We have information that one of the security people might have spoken to him and let him leave."

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