Violence

Is Kristen Saban going to have to choke a bitch?

Did you hear the one about the sorority sisters who get drunk, start crying, and get into catfights that result in one of them needing a nose job? I know, it’s a tale as old as time, but this one has a fantastic twist. This time one of the alleged participants is the daughter of famous football coach Nick Saban.

In case you don’t follow sports, Nick Saban is one of the most hated men in college football. The one-time LSU coach has made slurs about Cajuns in Louisiana, and he cowardly walked out on the Miami Dolphins professional franchise. Most people outside of the University of Alabama would love to punch him in the face.

Inside the University of Alabama, he is a God. And according to a new complaint, it’s his daughter that allegedly does the punching of people in the face….

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Morning Docket: 06.26.12

Flo Rida

* Flo Rida was caught lying to a judge in the “slave wages” case filed by his former assistant, who claims he paid her only $3.08 an hour. Now he has been ordered to cough up $7,000. Not cool, Flo. [Inquisitr]

* Is News Corp. going to divide itself in two? [Dealbook / New York Times]

* Speaking of job changes, Patrick Fitzgerald, the outgoing U.S. Attorney for Chicago, will be replaced on an interim basis by long-time prosecutor Gary S. Shapiro on July 1. [Thomson Reuters News & Insight]

* I admit, when I first saw the words “heroin burrito” I thought: that sounds delicious. Not because of the heroin, necessarily. Burritos are simply very tasty. [New York Daily News]

Justice Keith Blackwell

* Congratulations to Justice Keith Blackwell, the newest member of the Georgia Supreme Court! [Associated Press]

* Defense attorneys for a man on trial for assaulting a priest who allegedly abused him as a child are now claiming prosecutorial misconduct. Can you spell M-E-S-S? [Mercury News]

* A police officer in Carteret, N.J. saved Ellen Shane’s life by shooting and killing the man who held her hostage at knife point. But apparently that wasn’t enough, and now she has sued the city for $5 million. If she wins, she might want to consider donating the money to her lucky stars. [Newark Star-Ledger]

Non-Sequiturs: 06.22.12

* Welcome to the right side of history, former anti-gay marriage guy. [New York Times]

* Protecting free speech has to be more important than stopping hate speech. [National Post vai Overlawyered]

* Netflix is subject to the Americans with Disabilities Act. Seems unfair to me, people are already disabled, I don’t see why you have to make them deal with Netflix too. [Boston Globe]

* This Tony Parker lawsuit following the Chris Brown fight is right out of Eddie Murphy’s Raw where people start suing Eddie for “sprained eyes.” (If you haven’t seen Raw in a while, click the link. So funny.) [Daily Mail]

* This law would make it a crime for a teenager to breakup with his girlfriend via text. That sounds like a great idea. [Volokh Conspiracy]

* See my vest, see my vest, made of lizards I’ve smuggled to the U.S. [Legal Juice]

After the jump, you really have to check out Brian Cuban having an aneurism over Lindsay Lohan’s continued freedom…

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Stephen McDaniel

Yesterday brought bad news for Stephen M. McDaniel, the 25-year-old Mercer Law School alumnus accused of killing his neighbor and classmate, Lauren Giddings. His lawyers’ request for a reconsideration of his bond, originally set at $850,000 by Chief Judge S. Phillip Brown, got denied.

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….

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We’ve aimed for even-handedness in our coverage of Stephen M. McDaniel, the 25-year-old Mercer Law School alumnus accused of killing his neighbor and classmate, Lauren Giddings. We’ve written about the lurid allegations against him, and we’ve shared with you the reminiscences of a former roommate who found McDaniel a bit creepy. But we’ve also raised the possibility that some of the evidence against him might be fake, and we’ve even discussed whether perhaps McDaniel has been framed for the Giddings murder.

In our continuing quest to tell both sides of this story, today we bring you supportive words from a college classmate and friend of Stephen McDaniel. This individual believes that McDaniel is being treated unfairly in the court of public opinion — and he’d like to set the record straight….

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There hasn’t been much to report in recent weeks concerning the prosecution of Stephen M. McDaniel, the 25-year-old Mercer Law School alumnus accused of killing his neighbor and classmate, Lauren Giddings. There has been some continued wrangling over bail, as well as talk of possible civil litigation brought by the estate of Lauren Giddings against Boni and Marty Bush, owners of the Barristers Hall apartment complex where Giddings and McDaniel once lived.

So there isn’t much hard news to report about Stephen McDaniel. In the meantime, let’s take a more personal look at the man behind the headlines.

Last week, I interviewed McDaniel’s college roommate, who described what it was like to live with McDaniel. We had a very interesting conversation….

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New York City police officers already have quite the reputation for, to put it lightly, a certain level of insensitivity. We have recently covered the unpleasant consequences for well-meaning, educated citizens who try to prevent police brutality in the city.

In stories like the one above, it’s easy to see a possible racial motivation. But apparently some New York police officers are also colorblind in their aggression towards civilians.

Like when a cop allegedly decides to sock it to an elderly white man — who, oh yeah, just happens to be a state judge

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Chen Guangcheng

The fundamental question the Chinese government must face is lawlessness. China does not lack laws, but the rule of law.

– Chinese civil rights activist Chen Guangcheng, in an op-ed piece in yesterday’s New York Times. Guangcheng is currently studying law at the U.S.-Asia Law Institute at NYU Law School.

(Keep reading to see how Guangcheng describes the lawless conduct he and his family have allegedly faced — at the hands of law enforcement — in his homeland.)

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According to new research from Columbia Law School, this man was executed for a murder he did not commit.

Earlier this week, a group of students at Columbia Law School, along with law professor James Liebman, released a 400-page report detailing the story of a Texas man who was, according to the report, executed for a murder he did not commit.

Released online in The Columbia Human Rights Law Review, the narrative has received massive press attention in the last two days. Many in the media have already described the terrible story as a potential answer to Justice Scalia’s famous quip that if the United States ever executed the wrong man, “the innocent’s name would be shouted from the rooftops.”

The details of Carlos DeLuna’s story are far too numerous to fit into a single post, but keep reading for the key plot points. We also spoke with Shawn Crowley, a 2011 Columbia Law graduate and a co-author of the paper. She talked with us about how the project shaped her law school experience, and she gave some suggestions for other students who are looking for a more personal, relationship-based time in law school.

Let’s dig in…

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How would you define excessive force? There doesn’t seem to be a precise definition, if only because it’s a matter of legalese. Generally speaking, the police shouldn’t be using force beyond what is called for under the circumstances, which is a somewhat subjective test.

We’ll lob you a softball so you can decide the answers to these important questions. Can you use a Taser on a pregnant woman? How many times can you do it? Once? Twice? Three times?

Now, if your initial reaction was something like, “Holy sh*t! Who does that?,” you must be thinking that the police would be crazy to tase a pregnant woman — especially a pregnant woman who’s two months away from her due date. She’d have to have done something egregious to warrant the use of such force.

But that’s not what happened to a pregnant woman in Washington who received the punishment for a mere traffic violation. And the police officers who inflicted her pain want to take the case to the United States Supreme Court….

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