One of McDaniel’s lawyers, Franklin J. Hogue, argued that the bond was “excessive,” claiming that the McDaniel family couldn’t afford more than $150,000. The prosecution countered that the family’s financial picture might have changed since the passing of McDaniel’s grandfather, Hollis Browning, back in April. According to Floyd Buford, another lawyer working for McDaniel, Browning’s will remains to be executed. In the end, the judge left bail as is — meaning McDaniel will remain in jail for the foreseeable future.
Now let’s hear the good news for the defendant. It relates to that disturbing internet posting that the prosecution attributed to Hacksaw McDaniel back in April….
At first glance, the post seemed like it could be a smoking gun. But things are never as simple as they seem: rumors are going around that the post is a fake. Because, as Above the Law readers know, don’t believe everything you read in online comments…
If this keeps up, having sex with a person wearing your school's mascot head will be called 'beastiality.'
In the wake of Dharun Ravi getting convicted of a hate crime for a college prank, we’ve got another situation where a college kid could get into a lot of trouble for acting like a college kid.
The Boston Globe reports that Jaryd Rudolph, a 19-year old football player at Boston College, has been charged with a violation of Massachusetts privacy law. His crime? He allegedly recorded a “sexual encounter” between a teammate and a female graduate student.
And by “recorded,” we don’t mean that he took steamy video of a couple in the act of love making. He’s being charged because he allegedly recorded and shared the woman’s “sexual noises.”
So, we’re now one step closer to putting everybody who acts like a teenager, especially teenagers, in jail…
Just when you thought “revenge porn” couldn’t get worse, IsAnyoneUp came along. In addition to posting user-submitted nude photos — often sent in by someone’s angry ex — the site’s proprietor, Hunter Moore, includes a screenshot of the amateur porn star’s Facebook profile page, so that it’s clear exactly who the person is, where they live (and work), and how to contact him or her. It’s not the only porn website where those featured get “poked,” but the only one where visitors get to do the poking.
Those featured on the site have struggled to get their photos taken down — the most successful legal approach so far has been to claim copyright and issue a DMCA takedown notice. Now Facebook is bringing its legal power to bear. Facebook had its lawyers at Perkins Coie send the site a cease-and-desist notice, saying Moore was violating Facebook’s terms of service by harassing users and posting their content without their consent. Moore immediately posted a copy of the letter to his NSFW site, and was excited to send Perkins lawyer Joseph Cutler a response.
“I replied with a picture of my dick,” he told Gawker. Classy.
UPDATE (5 PM): Sigh. According to the Smoking Gun, the “poop tattoo” story — reported by The Sun and picked up by Drudge, among many other outlets — is full of crap. But it was fun while it lasted, no?
Some people love tattoos, other people hate them. I’m one of those “other people.” I have no idea why people would want to turn their bodies into coloring books. But if people want to permanently decorate themselves, then by all means, go right ahead.
Besides, if people weren’t so obsessed with inking their bodies, we wouldn’t have awesome lawsuits like this one to talk about. Here’s some background information before we get into the heart of this case:
Boy, a tattoo artist, meets Girl. Girl is a nerd who has a thing for Narnia. Boy and Girl fall in love. Girl decides that in addition to Narnia, she has a thing for Boy’s best friend. Girl cheats on Boy, thinking Boy is none the wiser. Girl asks Boy for a Narnia tattoo. Boy finds out Girl’s dirty secret, and begins to plot his revenge….
As we mentioned in Friday’s Non-Sequiturs, the legal team of Dharun Ravi has moved to dismiss the criminal charges against Ravi stemming from the suicide of Tyler Clementi. As many of you know, Clementi committed suicide after Ravi streamed video of Clementi hooking up with another guy.
Lawyers to Dharun Ravi discovered comments from Clementi suggesting that Clementi was concerned about his parents’ reaction to his sexual orientation. Other Clementi messages are getting more headlines. According to New York Magazine, Clementi “also made jokes about Ravi’s family, calling them ‘sooo indian / first gen americanish…his rents defs owna dunkin [donuts].’ In other words, typical teen asshole gossip, on both sides.”
Typical is how I’ve been describing Ravi’s behavior from the very beginning. I didn’t need the system digging into the past of a suicide victim to determine whether his roommate “caused” him to take his own life.
But this is what many people wanted. So now that we’re here, I’m wondering if people are happy….
We’re a little bit late with April’s lawyer of the month reader poll. First of all, we’ve been doing a lot of reader voting so far in this month. (There are still a few hours for you to vote in our Law Revue Video Contest.)
The other reason why we’re a bit delinquent this month is because we think we know who is going to win. It’s not every day that a recent law grad finds himself trying a murder case — and getting reprimanded by the judge for “lack[ing] knowledge of proper trial procedure.”
Such is life during the Obama “recovery.” Check out this month’s nominees below…
Molly Wei, the pretty ex-Rutgers student who was charged with two counts of invasion of privacy in the Tyler Clementi case, has reached a deal with the prosecution. Wei, 19, has been admitted to a pre-trial intervention program that could result in the charges against her being dismissed.
What does Wei have to do as part of the PTI program?
Last September, Rutgers freshman Tyler Clementi jumped off of the George Washington Bridge after his roommate, Dharun Ravi, surreptitiously recorded and then broadcast footage of Clementi hooking up in his room with another man.
Clementi’s death touched off an important national conversation about the bullying of gay teens and the need to reach out to them so they don’t feel so isolated. If anything good can come from Clementi’s suicide, it will be to make people commit to helping gays and lesbians as they struggle through adolescence and young adulthood in sometimes hostile communities.
Unfortunately, it doesn’t appear Tyler Clementi will be the only martyr for this cause. No, there are some people hellbent on making sure that another young life is effectively ruined, and some of those people work for the state of New Jersey.
Charges flowed out of the grand jury today for Clementi’s roommate and “tormentor,” Ravi. Based on the allegations in the indictment, you’d think Ravi had been running for the Republican nomination for President instead of acting like an 18-year-old college freshman…
As many of you figured out, the cease and desist letter from Chris Webby, claiming ownership of the hashtag #webby, was an April Fool’s hoax. This week’s sign that the apocalypse is upon was a hologram launched by the Webby Awards people. Here’s the official reveal.
Really, we thought a few more of our loyal readers would see through it. The firm that purportedly sent the letter, Baxter, Butler & Associates, doesn’t exist. This commenter got it. But I guess most commenters don’t fire up Google unless an attractive girl is involved.
You can see why the Webbys weren’t able to get a real law firm to participate in this prank. It might have been a joke today, but the first hashtag infringement suit is surely just around the corner.
Happy April Fool’s Day. I’m going to go back to drinking heavily now.
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Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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