In the previous blog entry I posted a news paper article that was published while I was out of town about a Judge and a fellow attorney. Since that time there was SUPPOSED to be a hearing on the 30+ motions, but on the day of the hearing the Attorney asked for more time to prepare her case.
I am not sure why that would be needed - she should have been prepared to proceed on HER motion. Maybe she figured she would have the support of other attorneys, especially the females. That did not happen, not by a long shot. Now the matter is specially set for a hearing on October 2, 2007. It should be interesting.
On another note the attorney is looking at contempt sanctions from our supreme court - complaints about Judges are confidential to all parties and can only be discussed with leave of the supreme court. Also she may have violated Rule 11 - seems some motions where filed in cases this Judge is not even assigned to.
No matter what happens and what the truth is I expect several peoples careers will be seriously hurt.
Wednesday, September 26, 2007
Thursday, September 13, 2007
Lawyer complains of harassment
From our local paper. I have editied as best I can and still keep the flow of the story. I am not sure if I believe the allegations, but then again I was not there to witness it. All I know is there is another Chancellor that should be cited first, but then again I guess if you like his rulings you wouldnt want him to get get in trouble.
Lawyer complains of harassment Claims Chancellor L. made sexual advances
Wednesday, September 12, 2007
A lawyer has filed a complaint alleging Chancellor L. of G. made sexually harassing remarks and gestures to her while conducting court business.
A. J., who has practiced family law in D County for about 13 years, made the complaint to the Mississippi Commission on Judicial Performance, which investigates the conduct of judges.
Commission senior staff attorney D. could neither confirm nor deny the complaint. The commission's activities are confidential unless a complaint is deemed to have merit and forwarded to the state Supreme Court for action.
But copies were attached to more than a dozen divorce, child custody and other cases that J. and a law partner, M. M., have pending before Lundy in court in H.
L. did not respond to a request for comment made to his office in G.
The judge made headlines this summer with a ban on outdoor school activities due to record heat, a ruling that was overturned last month by the state Supreme Court.
The complaint was put in court files because J and Mhave asked Lundy to recuse himself from cases they have pending in his court. A hearing on the motion is scheduled to be heard by L at 9 a.m. Tuesday.
In the complaint, filed July 30, J wrote, "Over the past eight or nine months, I have been repeatedly subjected to direct, blatantly improper, and at times vulgar behavior on the part of Chancellor L."
She added, "His behavior has recently escalated to the point that appearances before him cause me great mental anguish and embarrassment."
J listed 10 incidents that she said occurred since last November, primarily in the judge's chambers.
She said the judge did numerous things that made her feel uncomfortable: insisting on hugging her, suggesting they should go out on dates and, at least twice, punctuating his comments by standing up and adjusting his crotch area.
J's office in S referred a reporter to M who staffs M and J's H. office.
M., who serves as a special master in Chancery Court, said, "We can't really comment on anything because of the nature of it and because of our rules of professional conduct."
Lawyer complains of harassment Claims Chancellor L. made sexual advances
Wednesday, September 12, 2007
A lawyer has filed a complaint alleging Chancellor L. of G. made sexually harassing remarks and gestures to her while conducting court business.
A. J., who has practiced family law in D County for about 13 years, made the complaint to the Mississippi Commission on Judicial Performance, which investigates the conduct of judges.
Commission senior staff attorney D. could neither confirm nor deny the complaint. The commission's activities are confidential unless a complaint is deemed to have merit and forwarded to the state Supreme Court for action.
But copies were attached to more than a dozen divorce, child custody and other cases that J. and a law partner, M. M., have pending before Lundy in court in H.
L. did not respond to a request for comment made to his office in G.
The judge made headlines this summer with a ban on outdoor school activities due to record heat, a ruling that was overturned last month by the state Supreme Court.
The complaint was put in court files because J and Mhave asked Lundy to recuse himself from cases they have pending in his court. A hearing on the motion is scheduled to be heard by L at 9 a.m. Tuesday.
In the complaint, filed July 30, J wrote, "Over the past eight or nine months, I have been repeatedly subjected to direct, blatantly improper, and at times vulgar behavior on the part of Chancellor L."
She added, "His behavior has recently escalated to the point that appearances before him cause me great mental anguish and embarrassment."
J listed 10 incidents that she said occurred since last November, primarily in the judge's chambers.
She said the judge did numerous things that made her feel uncomfortable: insisting on hugging her, suggesting they should go out on dates and, at least twice, punctuating his comments by standing up and adjusting his crotch area.
J's office in S referred a reporter to M who staffs M and J's H. office.
M., who serves as a special master in Chancery Court, said, "We can't really comment on anything because of the nature of it and because of our rules of professional conduct."
Tuesday, September 11, 2007
9-11
September 11, 2001
A lot has changed since September 11, 2001, both for our country and for me personally. I have and will continue to write about our country, so this is more personal.
In September of 2001 I was in Los Angeles working on immigration cases and my then wife was in Manhattan working in Rock Center.
That prior Saturaday there had been a riot off of Hollywood Blvd becuase the LAPD broke up an outdoor concert due to excessive drinking and fighting. It was truely wierd to see people burning buildings and turning cars over for no real reason.
That Sunday I felt my first earthquake in CA since 1983 or so. At first I thought, I didn't know this bed vibrated, then it dawned on me what it was.
The next morning I got a call from A. saying that she was ok. I had no clue, so she told me to turn on the tv and there it was - both towers on fire and reports of car bombs all over the place. I remember telling my wife that I was more concerned about car bobmbs than the few remaining planes - planes can be shot down and they would run out, but a car bomb could be anywhere, anytime. Needless to say that was a long day for all of us.
I was scheduled to leave LA that following Saturaday and had no idea if I would be able to. I booked the last Amtrak ticket leaving LA that Saturday and had also made planes to drive my rental one way to Memphis, but per the car company I would have to take 3 others with me. late Friday I was told that my NWA flight was on of the few expected to leave, but get to LAX 4 hours early. I got there 6 hours early and it was a mad house, but we left on time and I made it home. A. was already there by a very tortured route - NY, NJ, PA,(maybe OH as well) GA to TN.
Prior to 9/11 we both had been focused on our careers and a child was the furtherest thing from our minds. After 9/11 we both decided that our jobs were not worth it reguardless of the pay, that spending what time we do have with each other and out familes mattered more. On Oct. 6, we both quit our jobs and started over. I went to work as a legal aid attorney for a year and A. started in a real estate development company (where she is now a VP I believe), we bought a house and had C.
My marriage did not survive for what ever reason, but I do have a little girl who means the world to me. And I still believe my time is better spent with my girl and my family. I am good at what I do, but I do not want to be remembered as a damn good attorney, but rather as a loving father.
A lot has changed since September 11, 2001, both for our country and for me personally. I have and will continue to write about our country, so this is more personal.
In September of 2001 I was in Los Angeles working on immigration cases and my then wife was in Manhattan working in Rock Center.
That prior Saturaday there had been a riot off of Hollywood Blvd becuase the LAPD broke up an outdoor concert due to excessive drinking and fighting. It was truely wierd to see people burning buildings and turning cars over for no real reason.
That Sunday I felt my first earthquake in CA since 1983 or so. At first I thought, I didn't know this bed vibrated, then it dawned on me what it was.
The next morning I got a call from A. saying that she was ok. I had no clue, so she told me to turn on the tv and there it was - both towers on fire and reports of car bombs all over the place. I remember telling my wife that I was more concerned about car bobmbs than the few remaining planes - planes can be shot down and they would run out, but a car bomb could be anywhere, anytime. Needless to say that was a long day for all of us.
I was scheduled to leave LA that following Saturaday and had no idea if I would be able to. I booked the last Amtrak ticket leaving LA that Saturday and had also made planes to drive my rental one way to Memphis, but per the car company I would have to take 3 others with me. late Friday I was told that my NWA flight was on of the few expected to leave, but get to LAX 4 hours early. I got there 6 hours early and it was a mad house, but we left on time and I made it home. A. was already there by a very tortured route - NY, NJ, PA,(maybe OH as well) GA to TN.
Prior to 9/11 we both had been focused on our careers and a child was the furtherest thing from our minds. After 9/11 we both decided that our jobs were not worth it reguardless of the pay, that spending what time we do have with each other and out familes mattered more. On Oct. 6, we both quit our jobs and started over. I went to work as a legal aid attorney for a year and A. started in a real estate development company (where she is now a VP I believe), we bought a house and had C.
My marriage did not survive for what ever reason, but I do have a little girl who means the world to me. And I still believe my time is better spent with my girl and my family. I am good at what I do, but I do not want to be remembered as a damn good attorney, but rather as a loving father.
Thursday, September 6, 2007
Insomnia
Once in a while my old friend insomnia will stick its ugly little head into my life. Tonight seems to be one of those times.
I spent all day in court arguing finer details of child custody with a seemingly clueless attorney on the other side. After a rather devastating cross-exam of his client which included having her read back her prior testimony in another case I handled with a different baby daddy. In total we read 16 pages of prior inconsistent testimony.
When I was done I was tempted to ask the attorney "did you even talk to her about what the hell was going on?" but instead I watched him sink into his chair looking completely defeated. He did not even make an attempt to rehabilitate his client with re-direct.
In the mean time the senior partner took on a new case that goes to trial tomorrow at 9:00 am and wait for it.......yep I am expected to try it. But to make sure it is a bang up day, I have my own case set to be heard at 10:30 am. So sleep is needed in a big way.
Update – this was written on Tuesday and I have since been back to court.
We did not get or motion to continue granted, our motion to set aside a default is under advisement, (I expect it to be denied) and insisted to hear evidence on damages. The it got fun – the other side was so unprepared to present testimony about their damages – the whole point of the hearing. After 9 objections to improper questions, improper attempts to refresh memory, hearsay, lack of foundation etc etc the Judge stopped the hearing and the other attorney left the court room with a new rectal orifice and I have until the 28th to prepare to truly cross his client and challenge the damages.
My case did not go so well – the Judge decided in Mississippi a tenancy is created only with a signed lease or payment of rent – totally reading out of existence tenancy at will and tenancy at sufferance. But what do you expect from a former assistant D.A.?
I spent all day in court arguing finer details of child custody with a seemingly clueless attorney on the other side. After a rather devastating cross-exam of his client which included having her read back her prior testimony in another case I handled with a different baby daddy. In total we read 16 pages of prior inconsistent testimony.
When I was done I was tempted to ask the attorney "did you even talk to her about what the hell was going on?" but instead I watched him sink into his chair looking completely defeated. He did not even make an attempt to rehabilitate his client with re-direct.
In the mean time the senior partner took on a new case that goes to trial tomorrow at 9:00 am and wait for it.......yep I am expected to try it. But to make sure it is a bang up day, I have my own case set to be heard at 10:30 am. So sleep is needed in a big way.
Update – this was written on Tuesday and I have since been back to court.
We did not get or motion to continue granted, our motion to set aside a default is under advisement, (I expect it to be denied) and insisted to hear evidence on damages. The it got fun – the other side was so unprepared to present testimony about their damages – the whole point of the hearing. After 9 objections to improper questions, improper attempts to refresh memory, hearsay, lack of foundation etc etc the Judge stopped the hearing and the other attorney left the court room with a new rectal orifice and I have until the 28th to prepare to truly cross his client and challenge the damages.
My case did not go so well – the Judge decided in Mississippi a tenancy is created only with a signed lease or payment of rent – totally reading out of existence tenancy at will and tenancy at sufferance. But what do you expect from a former assistant D.A.?
Friday, August 31, 2007
Larry Craig
I am a bit perplexed as to what exactly Larry Craig did that was illegal. I fully understand that it is fun gossip and great fodder to show the hypocrisy of the Republican Party. You Can read the actual reports here: http://www.cnn.com/2007/POLITICS/08/28/craig.arrest/index.html
I would be concerned as to the peeping allegation, provided it is true. The rest of the finger wagging, foot tapping, rubbing and all don't seem to add up to too much in my mind. The recent tapes show that there clearly was a dispute as to what actually happened. What I have read and heard do not amount to conduct that will tend to provoke an assault or breach of the peace. I see worse and have been exposed to worse in almost any bar/nightclub I have been in.
What I see is a police officer targeting homosexuals for what appears solicitation of consensual sex. Again I see worse with heterosexuals in my favorite bar every weekend. I do not see any allegation of prostitution. What is the crime?
As far as the fact he plead guilty - most people would if they thought it would avoid having everyone know their business. Assuming Larry Craig is in fact gay and in the closest - of course he would plead guilty to keep his sexual orientation a secret. Many of people arrested for solicitation of a prostitute do the same thing - plea to avoid the embarrassment.
I would be concerned as to the peeping allegation, provided it is true. The rest of the finger wagging, foot tapping, rubbing and all don't seem to add up to too much in my mind. The recent tapes show that there clearly was a dispute as to what actually happened. What I have read and heard do not amount to conduct that will tend to provoke an assault or breach of the peace. I see worse and have been exposed to worse in almost any bar/nightclub I have been in.
What I see is a police officer targeting homosexuals for what appears solicitation of consensual sex. Again I see worse with heterosexuals in my favorite bar every weekend. I do not see any allegation of prostitution. What is the crime?
As far as the fact he plead guilty - most people would if they thought it would avoid having everyone know their business. Assuming Larry Craig is in fact gay and in the closest - of course he would plead guilty to keep his sexual orientation a secret. Many of people arrested for solicitation of a prostitute do the same thing - plea to avoid the embarrassment.
Wednesday, August 29, 2007
I thought this was funny and completely unrelated to the law
http://www.defectiveyeti.com/archives/002224.html
I love the actual snopes site. I love to reply to dumb forwards with a link explaining how the email was a joke. BTW what ever happened to that little boy who was going to get Bill Gates kidney if you just saved all of the tabs from your cokes and drove them in your car blinking your head lights at gangstas looking to kill people so they could join the gang?
I love the actual snopes site. I love to reply to dumb forwards with a link explaining how the email was a joke. BTW what ever happened to that little boy who was going to get Bill Gates kidney if you just saved all of the tabs from your cokes and drove them in your car blinking your head lights at gangstas looking to kill people so they could join the gang?
Tuesday, August 28, 2007
What Roman power slowly built, an unarmed traitor instantly overthrew.
What Roman power slowly built, an unarmed traitor instantly overthrew.
Author: Claudian (Claudianus)
Source: In Rufinum (II, 52)
I am at once proud to be a trial lawyer and yet ashamed of it due to the eve increasing bad reputation we have allowed to be assigned to the profession. Over the past several years I have been asked about, and sometimes attacked for, representing criminals and getting them off on a mere technicality. Now bear in mind that the mere technicality is normally a violation of the United States Constitution and the Bill of Rights – most notably the 4th through the 8th amendments. (did you know you can hit someone in the back of the head with a phonebook and not leave a bruise? A favorite tactic to get a confession). Most people do not see such violations as a problem as long as the bad guys are caught. That tune changes when all of a sudden it is the good guy in the cross hairs.
But as of late my statements about the value of the U.S. Constitution have become meaningless, even to me – a person who believes that this document is the most important thing there is in our government. I saw a cartoon in the op-ed section of my paper that sums it all up for me. The Constitution was drawn as a doormat for the White House.
I do not care what your political affiliation is – the current occupant of White House has betrayed the power given to him by the voters (or U.S. Supreme Court). We have been a nation of laws with three branches of government – administrative, legislative and judicial. Each branch is to act as a check and/or balance to the other. In the last 7 years that has not been the case.
Yes I said seven, even though Bush has only been president for 6 1/2 years. See regardless of your political affiliation the U.S. Supreme Court usurped the power of the electorate to appoint Bush president. Understand, much to my own disgust I did in fact vote for him in 2000, but still disagreed with the U.S. Supreme Court ruling.
Since then he has lied to us, the people of his nation as well as to the rest of the world. He has overseen the systematic dismantling of your civil liberties piece by piece. The cry that it is to protect us from terrorists is a weak one. The "Terrorists" have always been here. The Klan, the Militia, skin heads, weathermen – the unibomber and McViegh were all home ground. Islamic terrorists are new to our soil. But to dismantle out way of life, our cherished freedoms is to do the terrorists job for them and is an insult to all of those men and women, husbands and mothers, children that have EVER fought for this nation. I could not imagine "fighting to protect our American way of life" as this President has said only to see that while I am fighting the jackass who couldn't be bothered to show up for drill in the national guard was taking those freedoms away.
But the President and his lap dogs are not the only ones to blame. Where the hell has Congress been? Both parties – Republican or Democrat. YOUR FUCKING MISSION IS TO BE A CHECK ON HIS POWER! Yet there has been no check or balance. Even today, everyone is more worried about winning election than actually doing anything. If I were as incompetent as almost evyer single member of Congress has been I would be fired and lose my license. It is unreal. The Vice-President says he is not part of any branch of government and you fucks let it slide? Why? Does he have 8x10 glossies of you sodomizing a goat? The President openly states you can pass a law but he doesn't have to obey it. Show me where a signing statement is authorized in the Constitution. I seem to recall the line item veto was actually passed, signed into law and then declared unconstitutional.
This jackass has openly challenged Congress and they have done nothing except talk and bitch only to quietly rubber stamp everything.
It makes me sick to watch how we have let our government begin the decline into failure.
Author: Claudian (Claudianus)
Source: In Rufinum (II, 52)
I am at once proud to be a trial lawyer and yet ashamed of it due to the eve increasing bad reputation we have allowed to be assigned to the profession. Over the past several years I have been asked about, and sometimes attacked for, representing criminals and getting them off on a mere technicality. Now bear in mind that the mere technicality is normally a violation of the United States Constitution and the Bill of Rights – most notably the 4th through the 8th amendments. (did you know you can hit someone in the back of the head with a phonebook and not leave a bruise? A favorite tactic to get a confession). Most people do not see such violations as a problem as long as the bad guys are caught. That tune changes when all of a sudden it is the good guy in the cross hairs.
But as of late my statements about the value of the U.S. Constitution have become meaningless, even to me – a person who believes that this document is the most important thing there is in our government. I saw a cartoon in the op-ed section of my paper that sums it all up for me. The Constitution was drawn as a doormat for the White House.
I do not care what your political affiliation is – the current occupant of White House has betrayed the power given to him by the voters (or U.S. Supreme Court). We have been a nation of laws with three branches of government – administrative, legislative and judicial. Each branch is to act as a check and/or balance to the other. In the last 7 years that has not been the case.
Yes I said seven, even though Bush has only been president for 6 1/2 years. See regardless of your political affiliation the U.S. Supreme Court usurped the power of the electorate to appoint Bush president. Understand, much to my own disgust I did in fact vote for him in 2000, but still disagreed with the U.S. Supreme Court ruling.
Since then he has lied to us, the people of his nation as well as to the rest of the world. He has overseen the systematic dismantling of your civil liberties piece by piece. The cry that it is to protect us from terrorists is a weak one. The "Terrorists" have always been here. The Klan, the Militia, skin heads, weathermen – the unibomber and McViegh were all home ground. Islamic terrorists are new to our soil. But to dismantle out way of life, our cherished freedoms is to do the terrorists job for them and is an insult to all of those men and women, husbands and mothers, children that have EVER fought for this nation. I could not imagine "fighting to protect our American way of life" as this President has said only to see that while I am fighting the jackass who couldn't be bothered to show up for drill in the national guard was taking those freedoms away.
But the President and his lap dogs are not the only ones to blame. Where the hell has Congress been? Both parties – Republican or Democrat. YOUR FUCKING MISSION IS TO BE A CHECK ON HIS POWER! Yet there has been no check or balance. Even today, everyone is more worried about winning election than actually doing anything. If I were as incompetent as almost evyer single member of Congress has been I would be fired and lose my license. It is unreal. The Vice-President says he is not part of any branch of government and you fucks let it slide? Why? Does he have 8x10 glossies of you sodomizing a goat? The President openly states you can pass a law but he doesn't have to obey it. Show me where a signing statement is authorized in the Constitution. I seem to recall the line item veto was actually passed, signed into law and then declared unconstitutional.
This jackass has openly challenged Congress and they have done nothing except talk and bitch only to quietly rubber stamp everything.
It makes me sick to watch how we have let our government begin the decline into failure.
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