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Breaking: Judge Halverson Passes Out; Hearing Postponed

Elizabeth Halverson small Judge Elizabeth Halverson Liz Halverson Above the Law blog.JPGThis just in, from a West Coast tipster who has been following L'Affaire Halverson obsessively:

Halverson passes out at hearing; adjourned due to medical reasons. Based on live observations...

Update: More details from the AP:

A disciplinary hearing for a suspended Nevada state judge has been postponed, after she reported she felt ill.

The Nevada Commission on Judicial Discipline suspended the hearing in its fifth day after Clark County District Court Judge Elizabeth Halverson's lawyer said the diabetic judge experienced a hypoglycemic, or low blood sugar, episode.

The hearing is due to resume next Thursday and Friday in Las Vegas.

Further Update: More from our Halverson-obsessed tipster, after the jump.

Continue reading "Breaking: Judge Halverson Passes Out; Hearing Postponed"

Breaking: Guilty at Gitmo

Apologies to Drudge, from whom we have shamelessly lifted the alliterative headline. He has now replaced it with the more accurate, but less sexy, "Split Verdict at Gitmo."

Salim Hamdan, Osama bin Laden's driver, was cleared of a conspiracy charge. But he was convicted of "supporting terrorism," which carries a potential life sentence.

Military jury convicts bin Laden's driver [AP via Drudge]
Breaking News: Gitmo Jury Returns Split Verdict in Hamdan Case [WSJ Law Blog]

Breaking: Chief Judge Kozinski Recuses Himself

Kozinski.jpgWe've been following the controversy around Chief Judge Alex Kozinski of the Ninth Circuit after the discovery of sexually explicit material on his personal website. Our posts are collected here.

Given the firestorm of coverage in the last few days, this latest news may not be surprising:

A federal appeals court judge today recused himself from a closely-watched obscenity trial in Los Angeles, three days after acknowledging that he had posted sexually explicit material on a publicly accessible personal website.

"In light of the public controversy surrounding my involvement in this case, I have concluded that there is a manifest necessity to declare a mistrial," said Alex Kozinski, chief judge for the 9th Circuit Court of Appeals. "I will recuse myself from further participation in the case and will ask the chief judge of the district court to reassign it to another judge."

Yesterday, Kozinski called for an investigation of himself. He continues to handle this with dignity, or as much dignity as one can when there's talk of cow porn.

Judge Alex Kozinski recuses himself from obscenity trial [Los Angeles Times]

Earlier: Coverage of Chief Judge Alex Kozinski (scroll down)

Chief Judge Kozinski Calls for Investigation... of Himself?

Alex Kozinski small Alex S Kozinski Judge Above the Law hot hottie superhottie federal judiciary.JPGApologies for the downtime. We were off being interviewed by CNN Headline News about the controversy surrounding Chief Judge Alex Kozinski of the Ninth Circuit. We'll post a link to the interview if and when it becomes available.

Speaking of Chief Judge Kozinski, here's the latest news:

The 9th Circuit judge, who posted sexually explicit material on his own site, according to a Los Angeles Times story yesterday, has just released this statement:

I have asked the Judicial Council of the Ninth Circuit to take steps pursuant to Rule 26, of the Rules Governing Judicial Conduct and Disability, and to initiate proceedings concerning the article that appeared in yesterday's Los Angeles Times. I will cooperate fully in any investigation.

Is it unusual for a judge to call for an investigation of himself? Sure. But it's a testament to Chief Judge Kozinski's integrity and forthrightness; he's not trying to hide anything underneath his robe. This is a smart move, a lesson in good crisis management.

Kozinski Calls for Investigation of Himself [WSJ Law Blog]
Judge wants panel to investigate his porn postings [Associated Press]

Judge of the Day: Alex Kozinski

Alex Kozinski small Alex S Kozinski Judge Above the Law hot hottie superhottie federal judiciary.JPGUPDATE: Judge Kozinski has suspended the trial for 48 hours, to allow the prosecution to explore "a potential conflict of interest concerning the court having a... sexually explicit website with similar material to what is on trial here." [Los Angeles Times; New York Sun; New York Times; AP]

Congratulations to Chief Judge Alex Kozinski, of the U.S. Court of Appeals for the Ninth Circuit. He is currently presiding over a high-profile obscenity trial in Los Angeles. In addition, as reported by the Los Angeles Times, for some time he "has maintained his own publicly accessible website featuring sexually explicit photos and videos." Accordingly, he is our Judge of the Day.

A number of you emailed us about this Los Angeles Times article, which contains some colorful details about the materials that were available on Chief Judge Kozinski's website until recently (it's now under lockdown). We previously linked to and discussed the L.A. Times story here. Please note that when we refer to material "after the jump" or "below the fold," you need to click on the little "Continue reading" link to read the rest of the post. Sometimes we save the juiciest material for after the jump.

In any event, we reached out to Chief Judge Kozinski for comment. He sent us the following email:

David: I can't comment on the trial.

As for the other matter, the server was maintained by my son, Yale, for the entire family. Pictures, documents, music, audio and other items of personal and family interest are stored there so various family members can reach them from wherever they happen to be. Everyone in the family stores stuff there, and I had no idea what some of the stuff is or was -- I was surprised that it was there. I assumed I must have put it there by accident, but when the story broke, Yale called and said he's pretty sure he uploaded a bunch of it. I had no idea, but that sounds right, because I sure don't remember putting some of that stuff there.

I consider the server a private storage device, not meant for public access. I'd have been more careful about its contents if I had known that others could access it.

Should Chief Judge Kozinski recuse himself from the Ira Isaacs trial as a result of his website coming to light? Thus far, ATL readers vote no, by a 60-40 margin. The poll is still open; you can access it by clicking here, then scrolling down.

We'll continue to monitor the situation and bring you news of any developments as they occur.

Earlier: An L.A. Jury + Hours of Hard-Core Fetish Porn + Chief Judge Alex Kozinski, Presiding = Total Awesomeness

An L.A. Jury + Hours of Hard-Core Fetish Porn + Chief Judge Alex Kozinski, Presiding = Total Awesomeness

Alex Kozinski small Alex S Kozinski Judge Above the Law hot hottie superhottie federal judiciary.JPGOne of our favorite members of the federal judiciary -- the brilliant and hilarious Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit -- is in the headlines once again. Interestingly enough, it's not for any appellate decision, but for a trial he's presiding over (sitting by designation as a district judge).

And it's no ordinary trial. From a tipster:

The Hon. Alex Kozinski, the (still-reigning?) #1 Superhottie of the Federal Judiciary, will be presiding over a trial -- yes, you read that right -- in an obscenity case involving a fetishist named Ira Isaacs.

More details, from the Los Angeles Times:

Ira Isaacs says his films, which feature bestiality and defecation, have artistic value. Federal prosecutors say they are criminally obscene. Hours of footage will help jurors decide who's right.

Fun stuff. This is one jury that won't need Sudoku to stay awake.

In an article on Monday, the Los Angeles Times reported:

[Chief Judge Kozinski's] involvement in the case may be a stroke of luck for Isaacs. That is because Kozinski is seen as a staunch defender of free speech. When he learned that there were filters banning pornography and other materials from computers in the appeals court's Pasadena offices, he led a successful effort to have the filters removed.

Perhaps even luckier than expected? Learn why, after the jump.

Continue reading "An L.A. Jury + Hours of Hard-Core Fetish Porn + Chief Judge Alex Kozinski, Presiding = Total Awesomeness"

Lawsuit of the Day: Coffee Tantrum

starbucks.jpgWe've always had pleasant experiences with employees at Starbucks. But we only order simple drinks like iced coffee, so our interactions tend to be limited. After an extended encounter with a Starbucks manager, a Portland woman had a bit of a coffee tantrum. Prosecutors tried her for misdemeanor harassment, but she's been found not guilty.

From the Oregonian:

The prosecutor turned toward the woman on the witness stand and began her interrogation: Is it or is it not true that you flung the iced venti mocha with extra hazelnut and caramel at the defendant out of anger?

No, answered the woman.

And isn't it true that you also lobbed a capful of whipped cream toward another employee?

No, the woman insisted once again.

And so went the criminal trial of a Starbucks customer accused of throwing a $4 drink onto a manager during an argument last September.

Mocha, hazelnut, and caramel? That's getting a little crazy.

The trial of 38-year-old Latasha Curry included accusations of racism, a cover-up, and bad coffee. Kash must disclose that she is a Starbucks shareholder before admitting that the coffee is just too bitter sometimes. But it's the jet fuel that gets us through the day.

It all began last fall when Curry called a Starbucks in Southeast Portland to complain about the bitter taste of the iced mocha she had just bought there.

An employee on the other end of the line offered her a free replacement, and when Curry stopped by the store two days later to pick it up, a store manager accused her of running a scam. The manager stood soaking in caffeinated beverage moments later....

On Thursday, Starbucks released a statement after a spokeswoman declined to comment about the case: "Providing great customer service is part of (the company's) commitment and if a drink isn't perfect, we want customers to let us know and we'll make it right."

Or you can pour it on our employees.

Dispute over spilled Starbucks mocha ends up in Portland court [Oregonian]

Lawyer of the Day: Mike Roman

mike roman.jpgToday's Lawyer of the Day would have had a great "Behind the Music" story, if only had his ploy worked. From Friday's Chicago Tribune:

A lawyer was booted from the Cook County Criminal Courts Building today after attempting to foist his own music CD on R. Kelly in the courtroom where his trial is taking place.

Attorney Mike Roman approached Kelly on Friday morning while the singer was sitting alone at the defense table. With his lawyers and the prosecutors meeting privately in the judge's chambers, the R&B superstar was left to fend off the man's overture.

Roman -- a local criminal-defense lawyer who fronts the Latin rock band, Mike Roman and the Tellstars, in his spare time -- offered Kelly a free copy of his CD "Cha Cha Time." Kelly, 41, is considered one of the music industry's most prolific songwriters and producers....

"I'm a lawyer and I'm musician," Roman told the authorities. "What's wrong with that?"

Do you really want us to answer that? We've been to your website.

Roman cooperated with his removal -- but not before trying to sell a "Cha Cha Time" CD to one of Kelly's defense attorneys for $15.

From the snippets on Mike Roman and The Tellstars website, we doubt R. Kelly would have dug the music even if he'd taken the cd.

"Ladies and Gentlemen, it's Cha Cha time."

Attorney's musical overture hits sour note [Chicago Tribune]

Morning Docket: 05.13.08

Supreme Court 2 SCOTUS Above the Law Blog.jpg* Yesterday at the Supreme Court: South Africa damages case will go forward (because SCOTUS has no quorum -- four justices recused); 8-1 ruling holds that federal magistrate judge may preside over jury selection in a felony trial, with defense counsel's express consent; cert granted to appeal by Virginia death row inmate. [SCOTUSblog]

* Clear Channel buyout being renegotiated; litigation will settle. [DealBook / NYT; WSJ Law Blog]

* Emperors Club booker expected to plead guilty to money laundering conspiracy and conspiracy to commit interstate travel in aid of racketeering. [New York Times]

* The shady business of litigation finance. [Daily Business Review]

* Jury selection begins in R. Kelly kiddie porn case. [CNN]

* Earthquake in southwest China leaves 12,000 dead, with thousands more still buried under rubble. [New York Times]

Update: Massachusetts Lawyers Getting Off

Carl McGee Carl Stanley McGee Governor Deval Patrick Above the Law blog.jpgFor the record, here's some follow-up on two Bay State lawyers previously discussed in these pages, who have been cleared of the charges against them. At least to some extent.

First, remember Carl Stanley McGee (right), who was arrested after being accused of going down on a 15-year-old boy? Earlier this week, Florida prosecutors decided to drop the case.

Apparently the teen had trouble identifying McGee. But maybe he also learned that it's bad form to complain about getting a BJ. Unless teeth are involved.

Second, remember the handsome Gary Zerola (below right), named a "Most Eligible Bachelor" by People magazine, and accused of rape and attempted rape by three different women? One of the cases against him went to trial, and he was acquitted (back in January; we missed the news when it came out).

Gary Zerola 2 Most Eligible Bachelor rape Above the Law blog.jpgA second trial is currently underway. In that case, as reported in today's Boston Herald, Zerola's defense team argues that the victim wanted to shakedown their client for $150,000.

The third incident, which is the one that we wrote about, has not yet gone to trial.

Sex Case Against MA Guv's Aide Dropped [AP]
'Most eligible bachelor' acquitted in attempted rape case [Boston Globe]
Zerola team: Alleged victim sought $150G [Boston Herald]

Earlier: Lawyer of the Day: Carl Stanley McGee
Most Eligible Bachelor Becomes Considerably Less Eligible

Lawyers of the Day: McDermott Will & Emery
(And they just canceled their associate retreat, too.)

McDermott Will Emery Above the Law blog.jpgPity the poor partners of McDermott Will & Emery. Sure, their firm is highly regarded and highly profitable. But when they head off to try cases in far-off places, they often get benchslapped silly.

You may recall the case of bankruptcy partner William Smith, who found himself in the deep-fat fryer after telling a judge she was "a few French Fries short of a Happy Meal." Although the judge was upset, in the end Smith got a slap on the wrist.

Things didn't end as happily for Terrence McMahon and Vera Elson, MWE partners based in Silicon Valley. Judge Richard P. Matsch -- the tough, well-regarded trial judge who presided over the Oklahoma City bombing case -- sanctioned McMahon and Elson for "cavalier and abusive" misconduct and a "what can I get away with?" attitude during trial. From the Denver Post:

A federal judge recently got so infuriated by the conduct of two highly regarded trial attorneys that he overturned a jury's $51 million verdict, then ordered the lawyers to pay the fees and costs of the opposing lawyers, a sum that could total several million dollars.

Ouch. So is that coming out of their partnership draws?

Or maybe the firm will find other ways to cut costs. Read more, after the jump.

Update: Please note that this post has been corrected since it was first published. The correction appears after the jump.

Continue reading "Lawyers of the Day: McDermott Will & Emery(And they just canceled their associate retreat, too.)"

Judge of the Day: Hilton Fuller

Hilton Fuller Judge Hilton Fuller Brian Nichols Above the Law blog.jpgThis has been all over the news. We like the ABA Journal's version, 'cause it's the crispest:

The Atlanta judge overseeing the prosecution of alleged courthouse shooter Brian Nichols has stepped aside from the case after he was quoted [in a New Yorker article] as saying, “Everyone in the world knows he did it.”

The New Yorker piece was by one of our idols, prosecutor-turned-writer Jeffrey Toobin (who launched our blogging career, with this Talk of the Town piece). Judge Fuller and Jeff Toobin were interviewed by the Fulton County Daily Report about the controversy:

"I had a specific agreement with Toobin," said Fuller on Tuesday, before announcing his recusal. "Our conversation was to be on background only, and there would be no direct quotations or attributions, unless they were floated by me first."

Not so, said Toobin, reached in New York. "I don't know what to say," he said. "I mean, it was clearly for attribution; we even had a New Yorker fact-checker call and confirm it. ... I have great respect for Judge Fuller, but that was not at all my understanding."

We're with the meticulous Toobin on this one. In fact, we share the suspicion of one of the correspondents who wrote us about this story: Was Judge Fuller's indiscretion intentional? Was it his way of getting out from under a long and complex nightmare of a case?

Judge Recuses From Courthouse Shooting Case Due to New Yorker Quotes [ABA Journal]
Judge Fuller recuses from Nichols case [Fulton County Daily Report]
Judge in Courthouse Shooting Case Steps Down [New York Times]
Death in Georgia [The New Yorker]
New Yorker Quote Leads to Atlanta Judge Recusal [WSJ Law Blog]

From the Department of Dubious Defenses

world's greatest dad mug Above the Law blog.jpgDefendants in deep doo-doo come up with all sorts of innovative defenses. Last week, we learned that fashion mogul Dov Charney, accused of sexually harassing a former employee, claimed in a deposition that when he appeared before the plaintiff wearing nothing but a strategically placed sock, he was merely testing a new line of underwear.

But this is even more dubious. At a murder trial underway in New York, a father accused of killing his seven-year-old stepdaughter has introduced into evidence a "World's Greatest Dad" mug she once bought for him.

If the mug has writing on it, you must acquit.

'World's Greatest Dad' Mug Seen In Nixzmary Trial [wcbstv.com]
Implausible defense department [Overlawyered]

Morning Docket: 01.17.08

oj simpson mug shot Above the Law no pun intended.jpg* Former congressman indicted in connection with group that allegedly funded terrorism. [Washington Post; CNN]

* Randy Moss denies battery allegations. [SI.com]

* SCOTUS upholds NY judicial selection. [New York Times]

* OJ released on doubled bail. [AP; Reuters]

* Delicious, buttery lawsuit pops up in Colorado. [MSNBC]

* Big award round-up: Apollo Group must pay shareholders $280 million; Libya must pay $6 billion for airplane bombing. [WSJ Law Blog; WSJ Law Blog]

Morning Docket: 12.27.07

Superdome Louisiana Superdome New Orleans Hurricane Katrina Above the Law blog.jpg* NRA defends the rights of hurricane victims to shoot at the National Guard keep guns. [AP via How Appealing]

* French "aid" workers sentenced to eight years of hard labor in Chad "orphan" case. [Jurist]

* Apparently if you're a rapper you can show up at court when you damn well please. [Athens Banner-Herald]

* If you feel guilty about it, at least you can take comfort in the fact that you've helped set up an appeal. [CNN]

Motion to Continue Trial Due to Conflict with the LSU Tigers National Championship Game

LSU Tigers continuance motion Above the Law blog.jpgCheck out this continuance motion (PDF), filed yesterday in Louisiana state court. It's pretty great -- especially the footnotes.

Update: As noted in the comments, there is precedent for this motion in Louisiana state court. See Danos v. Avondale Industries, Inc. (unpublished order).

P.S. We're still accepting applications for the position of ATL "Sports and the Law" columnist (details here). If you've already applied, thank you for your application. We are reviewing the many excellent submissions and will announce a decision in the new year. Thanks!

Motion to Continue Trial Due to Conflict with the LSU Tigers National Championship Game
[Joseph Harrell v. Fred Spencer and Imperial Casualty Insurance Company]

Things You Probably Didn't Cover in Trial Advocacy

circumcision circumcised 2 uncircumcised Above the Law blog.JPGRemember how victims of alleged sexual harassment by Bill Clinton claimed that inspection of the Article II member would confirm the truth of their claims, due to the presidential penis's distinctive appearance? We were reminded of those entertaining days, when the political was just so darn personal, by this story:

Graphic photographs of two defendants will be allowed as evidence in a rape trial Wednesday. The defense team argued to prevent evidence that includes photographs of their clients’ anatomies out of the courtroom. Defense attorney Robert Jenkins said his client and another man might have to expose themselves during trial.

“They say it helps the case because, allegedly, one perp is circumcised and one not circumcised,” Jenkins said.

If the foreskin has been slit, you must acquit.

Update: A reader submitted this alternative, by email: "If he had no bris, you must dismiss." (But we don't know if the defendants are Jewish.)

Court To Scrutinize Defendants' Genitals [WDSU.com]

Morning Docket: 11.13.07

* You've got mail! And you better hold on to it. [CNN]

* Both sides shooting to get SCOTUS to hear D.C. gun case. [New York Times]

* Milberg Weiss asking for home court advantage in trial. [WSJ Law Blog]

* Can anybody do anything based on the Mitchell Report? [Sports Illustrated]

Morning Docket: 11.08.07

* Pakistan sets parliamentary elections. [CNN]

* What's going on with the AMT? [ABA Journal]

* State Department absolves Blackwater of certain shootings. [MSNBC]

* Initial OJ hearing begins today. [MSNBC]

* Reno businessman pleads guilty during murder trial. [CourtTV]

Breaking: Jose Padilla Verdict Reached

Jose Padilla 2 Abovethelaw Above the Law blog.jpgJose Padilla: committed al-Qaida terrorist, or harmless (and not very good) student of Arabic?

After a three month trial, the jury deliberated for a day and a half. Now they've reached a verdict.

We'll bring you the details as soon as we have them. A day and a half isn't very long given the length of the trial. Is that a bad sign for the prosecution or the defense?

Update: A bad sign for the defense: Jose Padilla has been convicted of federal terrorism support charges. Next time around, Jose, don't fill out a written application to join the terrorists.

Verdict Reached in Padilla Terror Case [Associated Press]
Jury reaches verdict in Padilla terror trial [CNN]