Gambling / Gaming

The plea agreement (PDF) for star quarterback Michael Vick has been filed in federal court. In the statement of facts (PDF) accompanying the agreement, Vick admits involvement in the dogfighting conspiracy (including funding it), but declines to admit a number of other allegations. According to ESPN, Vick claims that he “did not place side bets and did not receive proceeds from purses from the fights.”
Here’s what the agreement provides with respect to sentencing:
Michael Vick plea agreement Above the Law blog.jpg
Assuming zero criminal history, an adjusted offense level of 13 gives you an imprisonment range of 12 to 18 months. Of course, and as noted in the agreement, the sentencing judge is not bound by the guidelines (thanks to Booker).
What’s next in procedural terms, from CNN:

Vick, 27, is scheduled to appear in federal court in Richmond, Virginia, on Monday, where he is expected to plead guilty before a judge. The judge in the case will have the final say over the plea agreement.

Presiding over Vick’s case is Judge Henry Hudson, a Bush II appointee to the bench and a former U.S. Attorney for the Eastern District of Virginia (under Bush I). He has an impressive resume, but we don’t know much about him personally. We welcome your thoughts on Judge Hudson in the comments.
Vick files plea agreement admitting to dogfighting [ESPN.com]
Vick admits dog killing, conspiracy [CNN]

Sally Hemings horse filly Abovethelaw Above the Law blog.jpgNews of an amusing appellate decision, from that leading source of legal news, ESPN:

A federal appeals court ruled Tuesday that a filly can’t be named “Sally Hemings” after Thomas Jefferson’s most famous slave and reputed lover.

The 6th Circuit Court of Appeals in Cincinnati ruled that the Jockey Club can legally bar horse owner Garrett Redmond from naming his 4-year-old horse after Hemings.

We can understand the Sixth Circuit’s reluctance to allow anyone to “ride Sally Hemings.” Thomas Jefferson already tried that, and his historical reputation will never be the same.
But the court’s decision was grounded in law as well as good taste:

Judge Alice Batchelder, writing for the three-judge panel, said Redmond has other options that may be approved by the Jockey Club, which forbids horse owners from using names of famous or notorious people without special permission.

No “famous or notorious” people? So much for Redmond’s fallback option, “Wanda Sykes.”
Did being denied this name of choice have an adverse effect on the horse’s performance? Quite possibly:

The horse, now known as “Awaiting Justice,” ran at Churchill Downs on July 1 and at Ellis Park in Henderson on July 25. She did not finish in the top 3 in either race.

A little more discussion, after the jump.

double red triangle arrows Continue reading “Lawsuit of the Day: Sixth Circuit Horses Around With Literary References”

Morning Docket: 05.08.07

Queen Elizabeth II QE2 Above the Law blog.jpg* Still excited about last weekend’s Kentucky Derby? Here are the rules for betting on the Iowa and NH Derbies. [Slate]
* NBA playoffs as a metaphor for the presidential race. [
SI]
* World Bank panel finds Wolfowitz violated rules in getting his girlfriend a job. [MSNBC]
* Prominent U.S. lawyers to dine with Queen of England. [WSJ Law Blog]
* “A series of sometimes bizarre events, including a judge’s tumble from a ladder and a case of appendicitis, have delayed” R. Kelly’s trial for five years. [CNN]

Morning Docket: 05.04.07

* No do-over for Vonage. [c|net via How Appealing]
* Legislature approves $5 million settlement in Florida boot camp death case. [CNN]
* Katrina wrongful death claims blown away by judge. [Jurist]
* Reno trial lawyer faces his own trial. [Reno Gazette-Journal]
* Fen-Phen plaintiffs have a horse in Saturday’s race. [WSJ Law Blog]

* You have a right to a jury trial, whether you want it or not. [Atlanta Journal-Constitution via How Appealing]
* Santa’s big behind is gonna make kids want to drink beer?. [CNN]
* Now my case is at the Supreme Court, and I know why; because I got high, because I got high, because I got high… [WSJ Law Blog]
* It’s sad when otherwise good people get sucked into the seedy underbelly of the Arizona bingo scene. [MSNBC]
* Nice try, Jane, but a little too late to get your job on the Intelligence Committee back. [Jurist]

Morning Docket: 11.14.06

* If a tree falls and there is no one around to see it, who’s liable? [Random Local News]
* Griffith v. Griffith is sure to make it into your IP casebook in no time. [MSNBC]
* Who knew Robin of Locksley was as good with partnership law as he was with a bow and arrow. [CNN]
* Sticking with the Dakotas, “District judge grants injunction in Fighting Sioux nickname case.” [CBS]

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