Sentencing Law

* White House and RNC staff alleged to have tried to circumvent post-Watergate law. [CNN]
* The Roberts-Alito-Kennedy Court. [MSNBC]
* Judge recommends higher BALCO sentence. [ESPN]
* More trouble for Pacman Jones? [SI]
* DA Nifong is out; lax players reach settlement with Duke. [CNN]

* So what’s the solution here? Let another state’s appellate court hear the appeals? [AP via Kane County Chronicle via How Appealing]
* Come on, you can get the man a bond hearing earlier than three weeks from now. They’re killing me with this; let him go, damnit! [Atlanta Journal-Constitution]
* Mississippi sues State Farm for bad faith. [Jurist]
* Texas is uncharacteristically deliberate about executing somebody. [CNN]
* What is it with lawyers and sports tickets? [WSJ Law Blog]

* Really, Baker, you’re gonna appeal? Listen, let it go. Nobody wants this guy in jail. [New York Times via How Appealing]
* Who will patrol the guardsmen? [New York Times]
* Senate seven votes shy on expressing no confidence in Gonzales. [Jurist]
* Rum and coke at a Bears game? [WSJ Law Blog]
* Five unanimous opinions from the U.S. Supreme Court. [SCOTUSblog via How Appealing]

toilet paper tp tissue Abovethelaw Above the Law blog.jpgIn our experience, the toilet paper in courthouse buildings isn’t worth stealing. It’s a far cry from Charmin.
But we’ve never been to central Iowa, where apparently courthouse visitors enjoy two-ply plushness. From the AP:

Police blame a woman named Butts for stealing toilet paper from a central Iowa courthouse, and while they’re chuckling, the theft charge could put her in prison.

“She’s facing potentially three years of incarceration for three rolls of toilet paper,” Chief Lon Walker said, stifling a laugh as he talked to KCCI-TV about Suzanne Marie Butts. “See, I can’t say it with a straight face.”

Why does such a minor offense carry such a severe punishment?

The fifth-degree theft charge, a misdemeanor, normally carries a sentence of less than a year in jail. But Butts could face more time if convicted under the state’s habitual offender law because she has prior theft convictions.

Three wipes and she’s out.
Butts Charged With Stealing Toilet Paper [Associated Press]

lollipop oral sex fellatio Abovethelaw Above the Law blog.jpgDefendant Genarlow Wilson, who served two years behind bars for having consensual oral sex with another teen, has been ordered released from prison. Wilson’s habeas corpus petition was granted, despite defense counsel being named “B.J. Bernstein.”
(If former President Bill Clinton were asked if Monica’s ministrations were worth it — the impeachment, the ignominy, the imperilment of his presidency — what would he say?)
Judge Throws Out Sentence in Teen Sex Case [New York Times]
Judge Frees Teen Imprisoned for Consensual Oral Sex
[Atlanta Journal-Constitution via Drudge Report]

A friend of Paris Hilton, who saw the hotel heiress during her all-too-brief house arrest, had this to say about how Hilton was treated in jail:

“It’s so cruel what has happened to her. She wasn’t allowed to wax or use a moisturiser. Her skin is so dry right now.”

Judge Michael Sauer: Have you no sense of [evolving standards of] decency?
Paris banged up … again [The Sun - UK]
Roper v. Simmons [Legal Information Institute / Cornell Law School]
U.S. Constitution: Eighth Amendment [FindLaw]
Paris Hilton bird in cage caged bird anal herpes Abovethelaw Above the Law blog.jpg

Paris Hilton 3 mugshot Abovethelaw Above the Law blog.jpgApparently Judge Michael Sauer agreed with the 60 percent of ATL readers who viewed her release from prison as “a miscarriage of justice.” From TMZ.com, the authoritative source for all things Paris:

Paris Hilton was just ordered back to jail in Lynwood to serve out the remainder of her sentence! She’ll get credit for 5 days already served.

Hilton left the courtoom in tears, screaming, “Mom, Mom, Mom.”

One witness described the scene as: Paris was “physically escorted” out of the courtroom by a female deputy.

Hilton’s mother was later seen pacing the hallways, telling reporters, “I’m paralyzed right now.” Paris’ father Rick is still in the courtroom.

From the Los Angeles Times:

Superior Court Judge Michael T. Sauer made his ruling after a hearing that followed a tumultuous sequence in which Hilton was brought to court in a sheriff’s patrol car. Earlier, it seemed that she would only attend the hearing via telephone.

“The defendant is remanded to L.A. County jail,” Sauer said after an hourlong hearing. “The order is final and forthwith.”

Wearing a beige zippered sweater, Hilton crumpled into tears.

You go, girl — right back to the slammer. As for the anal herpes, good luck with that.
Hilton Ordered Back to Jail! [TMZ.com]
A crying Hilton is sent back to jail [Los Angeles Times]
Screaming Paris Hilton Sent Back to Jail [Associated Press via Washington Post]
Earlier: Paris Hilton’s Jail Break: What Do You Think?

If you’ve been away from the news cycle today, read our two prior posts.
If you’re up to speed on this story, go ahead and vote:

Paris Hilton 3 rash anal herpes Abovethelaw anal herpes Above the Law blog.JPGOn the subject of Paris Hilton’s recent release from jail, Entertainment Tonight reports:

L.A. County Sheriff Spokesperson STEVE WHITMORE told reporters that due to “medical issues,” the heiress had been “reassigned” at about 2:00 a.m. Thursday and would finish out her sentence on house arrest….

Sources close to the Hilton family tell ET the medical reason was actually a rash she developed on her body.

Mention of a bodily rash provides support for this ATL reader comment:

My friend’s brother (who works with [Sheriff Lee] Baca’s assistant sheriffs) told me that Paris was released due to a severe, “stress-induced” herpes outbreak. He also said that he heard that the blisters had apparently spread to her anus and had taken on abcess-like features that required more serious medical attention. Thus, after taking into account jail overcrowding, the increasing liability that Paris presents, and Paris’s lesions, all things weighed in favor of her being put on home confinement.

Was a case of anal herpes a “Get Out of Jail Free” card for Paris Hilton?
More discussion, after the jump.

double red triangle arrows Continue reading “Paris Hilton: Her Rash Release from Prison?”

Paris Hilton 2 mugshot New York Post front page Abovethelaw Above the Law blog.JPGDid the jailhouse toiletries fall short of the Hilton family’s high standards? Probably.
But that’s not why Paris Hilton was just granted early release from jail (as first reported by TMZ.com). Due to medical reasons, Hilton will instead serve 40 days of house arrest. She’s being fitted for Martha Stewart’s favorite accessory: an ankle bracelet.
The tabloids have been having a field day with the “Paris Goes to Jail” story. See, e.g., the New York Post front page at right. But it looks like their fun has been cut short.
A press conference by the L.A. County Sheriff’s Department is now underway. More details to come.
Paris Hilton — Free Woman [TMZ.com]
Cops: Paris Under House Arrest [TMZ.com]
Paris Bawls in Jail [New York Post]

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