* What’s next for Stephen Glass? When all else fails, hire a high-profile appellate team to do your dirty work for you. He could write a book about this and he wouldn’t even have to lie. [Am Law Daily]
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King & Spalding Lawyer Received Key Email As Prosecutors Seek Death Penalty Against Stephen McDanielBy Elie Mystal
As we mentioned in Morning Docket on Friday, prosecutors will be seeking the death penalty against Stephen McDaniel if he is convicted of the murder of Lauren Giddings, his former neighbor and classmate at Mercer Law School.
The Bibb County District Attorney calls the crime “outrageously or wantonly vile, horrible or inhuman in that it involved depravity of mind,” which is one standard the prosecution has to meet to seek the death penalty in Georgia.
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* Law school debt increased by $475M between 2008 and 2010. Grab a raincoat, because this bubble’s going to burst soon, and it’s not going to be pretty (except for Cooley Law; they’ll be rich). [Am Law Daily]
* UC Berkeley: “We never like to hurt our students.” Yeah, apparently that’s what the police are for. Occupy Berkeley protesters are suing the school over police brutality allegations. [Huffington Post]
Back in August, Elie wrote something controversial (what else is new?) about the difference between black people and dogs. He thought that nobody believed that police needed to respond with deadly force to protect themselves from random dogs, whereas the same standard did not apply to random black men.
Looks like Elie’s never been to Florida….
This should not come as a great shock, since he’s been in jail since July, but Stephen Mark McDaniel has been indicted by a grand jury for the murder of Lauren Giddings. McDaniel and Giddings graduated earlier this year from Mercer Law School, where they were classmates, and they were also neighbors in the Barristers Hall apartment complex in Macon, Georgia.
In addition to being charged with the Giddings murder, McDaniel has been indicted for other creepy crimes….
Andrew Meyer — the University of Florida student who coined the phrase “don’t tase me, bro” — was only tased one time, but his screams were heard around the world thanks to YouTube. And as far as we know, he didn’t sue over the incident.
But how many times do you think the average person would have to be tased before he marched his ass to the closest law firm? Two times? Five times?
How about 11 times? At that point, we’d be surprised if the poor guy could even remember his name, let alone the fact that he might have a cause of action….
Many of you have heard about the beatings that took place at UC Berkeley’s Occupy Berkeley protests on Wednesday night. The police brutality wasn’t particularly brutal, so much as it was entirely uncalled for.
The Berkeley legal blog Nuts & Boalts sums up what should be the feeling of any person concerned about the laws of this country: “Regardless of how you feel about the Occupation, this behavior by police against unarmed, non-violent protestors is not only illegal, but is shameful.”
If you haven’t seen the video, it’s below. Just as disturbing as the actual footage is the facile message Berkeley Law students received before the event that was a warning that the police were going to be totally unreasonable about the situation….
There has been justifiably a lot of talk over the last few days about U.S. v. Jones, and the privacy issues it raises. Our editor emeritus Kashmir Hill was fortunate enough to hear oral arguments at the Supreme Court in person, alongside top legal reporters such as Jeffrey Toobin and Adam Liptak.
But when it comes to electronically tracking people, Jones is just the tip of the iceberg. Law enforcement also often follow American citizens through their cell phones. The practice has become so widespread that some magistrate judges are reconsidering their willingness to authorize it….
It has been a strange couple of days. I woke up on Tuesday at 5:30 a.m. to finish some writing. It was still dark, but I heard several helicopters buzzing near my house. I checked Twitter and discovered several hundred police officers were clearing out the Occupy Oakland tent city a few miles away.
Well, I wasn’t expecting the morning’s eviction to turn into a national media s**t storm. By Tuesday evening, somewhere around 500 people were marching through downtown Oakland. Police told them to go home, but they didn’t. People started throwing things at police. Police launched tear gas. By the time things wound down at around 1 a.m. on Wednesday, police had fired several rounds of tear gas and beanbags at protesters, and there were various semi-confirmed reports of rubber bullets, flash grenades, and even a sound cannon.
Why do you care? Well, it turns out these protesters are not just deadbeats and drug addicts. There were several lawyers in the crowd, too. We spoke with a few of them, starting with Shahid Buttar. He is a Stanford Law School grad and the Executive Director of the Bill of Rights Defense Committee. He spent Tuesday afternoon lecturing on privacy in a UC Berkeley journalism class, then spent the night getting tear gassed in downtown Oakland….
Before we get to the meat of this story, let’s quickly state the obvious: if you plan to commit a violent crime, you probably should not post details about it on Facebook or Craigslist. If you simply must tell the Interwebs of your devious agenda, it’s probably best to close the incriminating window ASAP, so visitors to your home do not see it on your the PC in your living room.
Glad we got that out of the way. Today, we have another fun dumb criminal story for you. It even comes complete with a thought-provoking judicial ruling. Did you know that if a police officer simply moves a computer mouse or presses a key to wake a computer up from sleep mode, that it constitutes a Fourth Amendment search? Well, neither did a Wisconsin police officer who was investigating a man who allegedly threatened to shoot up a shopping mall (gavel bang: Legal Blog Watch).
More on the case, US v. Michael Musgrove, plus Musgrove’s, original thug life Craigslist posting after the jump….