Bail

Stephen McDaniel cleans up nicely for court.

Stephen M. McDaniel, the Mercer Law School graduate accused of killing classmate Lauren Giddings, made an appearance in court this morning. As you may recall, Giddings’s decapitated torso was found on June 30 in Macon, Georgia, and thus far, police have been unable to recover the rest of her body.

Last month, we mentioned that Bibb County prosecutors intended to seek the death penalty for McDaniel. Today, in court, the alleged murderer received formal notification of his fate if he is found guilty of the charges levied against him.

McDaniel’s arraignment hearing has been set for February 7, but his lawyers raised some interesting issues today. What sort of motions will they be filing on their client’s behalf?

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Jason Smiekel

Last month, federal law enforcement officials accused an Illinois attorney, Jason W. Smiekel, of trying to put a hit out on a former client — who also happened to be the ex-husband of Smiekel’s fiancée. That’s quite an allegation, isn’t it?

And that’s not the end of the story. Some sources blamed this fiancée — a very beautiful woman, described to us by a tipster as a “hot hot hot blonde” (“HHHB”) — for the downfall of Jason Smiekel, ruining his marriage and taking him from a successful career in law to a life outside it. But others came to her defense, describing HHHB and Smiekel as “very much in love, and good people.”

Alas, if they are in love, their love may have to wait, thanks to the latest bad news for Jason Smiekel….

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In our view, no bail is required to ensure Mr. Strauss-Kahn’s appearance. He is an honorable man. He has only one interest at this time and that is to clear his name.

William W. Taylor III, a partner at Zuckerman Spaeder, at a bail hearing for his client, former IMF head Dominique Strauss-Kahn.

(The New York Times article quoting Taylor also notes that a plan for DSK to live in a luxury building on the Upper East Side was nixed, after building residents objected.)

If you’re like me, two of your last three Sunday night sports orgies have been ruined by the intrusion of real world events. First, Osama bin Laden lost the ultimate game of Call of Duty. Then last night Dominique Strauss-Kahn, the head of the International Monetary Fund and would-be president of France, was pulled off of a plane at JFK and arrested for a sex crime. And in the middle of those two world events, Mother’s Day happened.

(Note to NFL owners: this is the kind of crap that’ll be happening in the fall if you guys refuse to let people play football.)

As world events go, this is pretty big. Think about it: we’ve got the head of one of the five most powerful NGOs in the world, the leader of the Socialist party, a sex scandal, a super-fancy hotel, a maid, and an alleged escape attempt thwarted at JFK — and this has nothing to do with Bill Clinton! I mean come on, if you found out that the Lannisters were involved, would you be surprised?

And on the legal front, we’re talking about an important and respected international figure who just got denied bail.

Excuse me, I need to get my popcorn out of the microwave….

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Morning Docket: 01.11.11

Julian Assange

* Judy Clarke, counsel to Jared Lee Loughner, is known as the “One-Woman Dream Team.” Here’s to hoping the prosecution doesn’t get played like Frédéric Weis. [USA Today]

* There is a time when the operation of the merger becomes so odious… plaintiff’s attorneys have got to put their bodies upon the gears and upon the wheels, upon the levers, upon all the apparatus, and they’ve got to make it more expensive. [WSJ Law Blog]

* Toileteers rejoice! U.S. News might start giving numerical rankings to third-tier law schools. [National Law Journal]

* Julian Assange’s lawyer says the government’s Twitter subpoena amounts to harassment. #unfunnylegalblurbs [Bloomberg]

* This Times article explores the seedy underbelly of bail bondsmen. Apparently there’s more to bail bonds than sponsoring ragtag baseball teams full of misfits. [New York Times]

* Badonkadonk, Cute Face, and Wookie Kardashian Odom have been sued over a scuttled prepaid debit card-type thing. [CBS Money Watch]

A month ago, I was surprised by Great Britain’s new Drinking Ban Order. The restriction feels like a little too much government control of our personal lives. But I guess the United States has similar authority to impose draconian restrictions on legal activity — at least if you are a celebrity with a known history of making terrible movies drunk driving.

A Los Angeles judge put some alcohol related conditions on Lindsay Lohan’s bail application stemming from a 2007 drunk driving charge. Apparently, Lohan now needs to be collared like a dog…

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Roman Polanski Adrien Brody.jpgWomen of Switzerland, lock up your daughters. Roman Polanski has been granted bail, after a court approved his bail offer of $4.5 million. (For now, he’s still in jail; his release date has not been set.)
Once released, Polanski will be under house arrest. So, good parents of Switzerland, maybe there’s no need to lock up your daughters. Just don’t let them anywhere near Polanski’s ski chalet in Gstaad.
Getting released on bail is a nice result for Polanski, since it was widely expected that he’d remain stuck in the pokey. Perhaps he was represented by the Zurich office of Lindeman, Alvarado, & Frye? (Gavel bang: commenter #16.)
We suspect that ATL readers are displeased by this development. In a reader poll from September, almost three quarters of you expressed support for continuing to pursue and prosecute Polanski.
How does writer-turned-kinda-lawyer Elizabeth Wurtzel feel about all of this?

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Poor Marc Dreier

Marc Dreier Marc S Dreier LLP.jpgQuips a tipster: “Dreier gets $20 million bond — but he didn’t steal enough to pay. This guy is no Madoff.”

Dreier Gets $20 Million Bond [Bloomberg]

Dreier to Remain in Jail [Am Law Daily]

Judge Says No to Bail Request; Dreier to Stay Behind Bars [WSJ Law Blog]

Earlier: Prior ATL coverage of Marc Dreier

Morning Docket 1.13.08

little boobs.jpg

* If you don’t have hooters you can’t work there. Hooters discriminates against men by refusing to hire them, a class action argues. Get over it sissies, and grow some boobs. [Courthouse News Service]

* In less pressing news…President-elect Barack Obama will issue an executive order to close Guantanamo within days of entering the White House according to senior advisors. [BBC News]

* Annoyed by your loud neighbors? At least you don’t live on 64th and Lexington next to Berny Madoff (well actually you probably do, I bet those apts. are sweet) His neighbors are incensed by yesterday’s decision to keep Madoff out on bail. Meanwhile, Fairfield Greenwhich has been sued three times by Madoff investors. [Bloomberg.com]

* I served my country, and all I got was special judicial help. An Illinois county is launching a special court to try veterans who commit non-violent crimes. [The Associated Press]

* Obama asked Congress for the second-half of the bailout money so he can stabilize the economy. [The International Herald Tribune]

Marc Dreier Marc S Dreier LLP.jpgMore bad news for Marc Dreier, the formerly high-flying, Maxim model-dating litigator. From Bloomberg News:

Marc Dreier, the jailed New York law firm founder, must remain in prison while he fights charges that he swindled hedge funds, a federal judge ruled after a prosecutor accused the lawyer of stealing $380 million.

“The evidence does appear to show an enormous risk of flight,” U.S. Magistrate Judge Douglas Eaton said at a bail hearing today in Manhattan federal court for Dreier, namesake of the New York law firm Dreier LLP.

Dreier, 58, was arrested on Dec. 7 on U.S. charges that he persuaded two unidentified hedge funds to give him more than $100 million by claiming, falsely, that he was selling at a discount notes issued by New York developer Sheldon Solow. He was arrested after returning to New York from Toronto, where he had been briefly jailed for impersonating a lawyer at the Ontario Teachers Pension Plan.

More links and discussion, after the jump.

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Morning Docket 11.20.08

Toilet Stocks.JPG* California’s Supreme Court agreed to hear the case against Prop. 8. [Reuters]

* For all the associates who go crazy working late into the night in dark conference rooms dreaming of embezzling money from the firm–let this be a lesson to you. Employee Angela Marie Dees was arrested for stealing 1.67 million dollars from the California law firm Moore and Waxler. The crazy thing? The firm didn’t even notice until they did an audit. [mysuncoast.com]

* “Stung by outsize investment losses, some of the nation’s biggest companies are pushing Congress to roll back rules requiring them to put more money into their pension funds, just two years after President Bush signed a law meant to strengthen the pension system.” [NYT]

* A jury heard opening statements yesterday in the MySpace hoax case, the one where the suburban mother used a fake alias to terrorize a 13-year-old who killed herself as a result. [ABC]

* Even though bankers basically caused a world-wide recession causing thousands of lawyers to lose their jobs (thanks a lot), at least Barclay’s is giving the litigators some love. Barclay’s is suing a hedge fund for hiding $150 million in investments. [Bloomberg]

* Yesterday was National Toilet Day. Everybody who works on Wall Street already knew that. [UPI]

Morning Docket: 01.29.08

* Resignation in Detroit text-message scandal (previously discussed here). [Detroit News]
* A proud American tradition unknown in the rest of the world: bail for profit. [New York Times]
* Legal luminaries at the SOTU. [WSJ Law Blog]
* Trial begins in alleged microwaving of infant. [CNN]
* TRO against Patriots’ Moss extended until after Super Bowl. [SI]
* Mortgage crisis may affect litigation departments. [WSJ Law Blog]
* U.S. jails Colombian FARC leader. [BBC]

Stephen Yagman Steve Yagman Stephen G Yagman Above the Law blog.jpgSo it looks like no bail for Stephen Yagman, the colorful and controversial civil rights lawyer who was convicted last year of tax evasion, bankruptcy fraud and money laundering. Yagman will start his three-year prison term later this month.
Yagman asked to remain free on bail while appealing his conviction (to the Ninth Circuit — a court with which Yagman has a long and tortured history). But the district court denied his request.
Perhaps the court didn’t want Yagman out and about, dropping $2,000 on shoes and $262 on dinner — as he allegedly did just hours after filing for bankruptcy, as part of a scheme to avoid paying more than $200,000 in state and federal taxes.
High-profile LA lawyer denied bail [Associated Press]