Subscribe


Recent Posts

  • Coming soon to a courtroom near you
  • What’s Up in the 8th
  • Case Update
  • Bargaining over death
  • Missouri v. Frye: The Judge
  • What’s Up in the 8th
  • Case Update
  • Original sin
  • Case Update
  • Open discovery — pushing the envelope?


  • Archives

  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • May 2008
  • April 2008
  • March 2008
  • February 2008
  • January 2008
  • December 2007
  • November 2007
  • October 2007
  • September 2007
  • August 2007
  • July 2007
  • June 2007
  • May 2007
  • April 2007
  • March 2007
  • February 2007
  • January 2007
  • December 2006
  • November 2006
  • October 2006
  • September 2006
  • August 2006
  • July 2006
  • June 2006
  • May 2006


  • Friday Roundup

    July 23rd, 2010

    Once a con, always a con.  Daryl Simon didn’t go in for those low-rent scams, like calling old ladies and telling them they’d just won the Botswana Lottery and needed to send him a grand to pay the taxes before he sent them their check for $24 million.  No,  his scams involved things like buying a car for 30 large with a bogus cashiers check, and running a high-tech credit-card forgery operation out of his apartment; when the cops raided it, they found over 1200 stolen credit card numbers and personal information.

    Still, he hoped to get a break from the federal judge who was to sentence him on his credit-fraud and bail-jumping charges.  After all, he’d submitted plenty of evidence of good character:  pictures of him doing charity work at hospitals and schools, and letters from various charitable organization and individuals attesting to his non-criminal qualities.

    Turns out that was fake, too.  The prosecutors took a look at the pictures and determined they’d been photoshopped.  In fact, one picture was the exact same:  Simon appeared with a physical-therapy patient, and in the other the exact same image, flipped, had him placed next to a teen-age student.

    The judge, thoroughly unimpressed, gave Simon a 235-month sentence for the other crimes, and tacked on fifty more for “attempting to commit a fraud on the court.”

    According to the story (h/t to SL&P), at one point Simon worked as a magician under the name Justin Lusion.  I’m guessing he finds no lack of reality in the bars on his windows in the next quarter-century.

    “Fleeting Expletives” Update.  As the legions of my regular readers know, I’ve faithfully chronicled the legal oddyssey resulting from Bono’s speech at the 2003 Golden Globe Awards, in which he immodestly declared during his acceptance speech that his award was “fucking brilliant.”  This prompted a fine from the FCC, which announced that it was ending its “fleeting expletive” policy, in which isolated incidents of profanity would not be punished, and would henceforth penalize any use of the word “fuck.”  My post here detailed the 2nd Circuit’s reversal of the fine, which the Supreme Court itself reversed, but on narrow administrative law grounds.  It sent the case back to the 2nd Circuit for consideration of the other issues raised in the case, but not addressed.

    Like the free speech issues.  And sure enough, last week the 2nd Circuit again reversed the FCC, this time concluding that the agency’s policy was “void for vagueness” on First Amendment grounds.  The FCC could decide to go back before the Supreme Court, but it had barely escaped before with a 5-4 decision, and even at that, Justice Thomas in his concurrence had expressed a willingness to revisit the entire issue of whether the First Amendment allowed the FCC to regulate broadcast content at all.

    So, be forewarned that Janet Jackson’s breast could be coming to a TV screen near you.

    Here’s someone who never watched Bugs Bunny cartoons.  From my forthcoming book “It is Impossible Not to Write Satire” comes this story from Germany:

    As school pranks go, drawing rabbits on the blackboard may seem rather tame. But it has triggered a court case in the northern German town of Vechta where an outraged school teacher filed a legal complaint against the alleged offender, a 16-year-old schoolgirl, and accused her of spreading the vicious rumor that she suffered from rabbit phobia. 

    Marion V., who teaches German and Geography, refuses to say if she is actually afraid of rabbits. But when she walked into the classroom and spotted the drawing [of a rabbit] on the board she burst into tears and fled.

    Well, truth is a defense in the Fatherland as well as here, and the teacher’s defamation suit was dismissed, the court holding that ”V.’s fear of rabbits is a fact, which the defendant proved in court.”  Good thing; the story notes that if the defendant “was found guilty, she would have faced a €5,000 fine for any further incidents of rabbit drawing in front of V.”

    Slumming.  If you don’t happen to have anything better to do — and if you’re reading this blog, we both know the answer to that question, don’t we? — you might want to take a stroll over to the Tosh.0 blog and vote on your favorite Lindsay Lohan mugshot.  I have to confess that I’m sorta partial to the July ’07 clip.  For those of you who appreciated her agony when it was announced that she was going to have to spend 90 days in jail for what seemed like only her 57th probation violation, you’ll be glad to know that the sentence won’t be quite so draconian; due to jail overcrowding and a resultant policy of shortened stays, Lohan, who donned the orange jumpsuit on Tuesday, has a release date of August 2. 

    Which, according to my calculations, should have the Tosh.0 blog re-running its contest about eight months from now, this time giving contestants four options.

    3 Responses to “Friday Roundup”

    1. Brian McGraw Says:

      Russ, we need to get a “good time” provision in Ohio like that. 90 days down to two weeks? Awesome.

    2. JAG Says:

      I worked on appeal to CA-10 (Franklin) where defendant was found guilty of using “improper language” for saying (in a bar near OSU campus) “mother-fucker” and “fuck you” in “mixed company.”

      Challenge was that the
      (1) affidavit failed to allege the ordinance element of “abuse another” and
      (2) the ordinance was void for vagueness contra the Due Process Clause.

      CA-10 Assigned errors 1 & 2 overruled; affirmed
      SCO Motion to Certify Overruled ─ Appeal Dismissed
      SCOTUS: Per curiam, Reversed 6-3

      R. Raymond Twohig, Hr. (now Federal P. D. in NM took the case to SCO and SCOTUS (Appeal not Cert.) A slang dictionary them (early ’70′s) listed nearly 300 “fuck” definitions other than coitus.

      Actually, J Jackson’s pasty was much larger than those on dancers in liquor licensed bars.

      The FCC needs to lighten up. Personally, I like the phrase EIC! the acronym “engage in coitus!” Folks think you are speaking of Dwight Eisenhower. ☺

    3. PJL Says:

      what you didn’t like my comment? erased it so no one could see me calling you out on your plagerized crap.. insecure much? can’t handle the truth? federal prosecuters and judges come at a price. the not so rich go to prison and the very rich like the billionare in florida get house arrest for raping underage girls. once a pedophile always a pedophile. no sense of humor about BP photoshopping photos of their spouting oil well. so much more fun when it is at the expense of someone in an orange jumpsuit. self righteous much. you really should take more than your birthday off from your plagerized friday crap that you steal from other writers.

    Leave a Reply


    Search Posts




    Court Links

    Cuyahoga County
    Court of Appeals
    General Division
    Domestic Relations
    Juvenile
    Probate

    Ohio Courts
    Supreme Court
    Geauga Common Pleas
    Lake Common Pleas
    Lorain Common Pleas
    Summit Common Pleas

    Links to all Ohio Courts

    Ohio Revised Code

    Federal Courts
    Supreme Court
    6th Circuit
    Ohio Northern District
    Ohio Southern District



    Law Blogs

    Sentencing Law & Policy
    Volokh Conspiracy
    CrimLaw
    Grits for Breakfast
    Concurring Opinions
    Simple Justice
    A Public Defender
    Defending People
    CrimProf Blog
    How Appealing
    Lowering the Bar
    Crime and Consequences
    Drug War Rant
    Snitching Blog
    Overlawyered
    Balkinization
    Legal Blogwatch
    ScotusBlog

    Ohio Law blogs

    Jeff Gamso's Blog
    Cleveland Law Library
    6th Circuit - Criminal
    6th Circuit - General
    Bullseye Blog (PI law)
    Ohio Family Law Blog
    Ohio Employment Law Blog
    Ohio Practical Business Law
    Ohio Environmental Law Blog
    Other Ohio law blogs


    Criminal Defense Bars

    Ohio (OACDL)
    Cuyahoga County (CCDLA)
    National (NACDL)


    Legal Discussion Forum

    Attorneys Forum - Legal Help and Law Discussion Forums.


    Blogfinder

    Law Blog Metrics



    lawyer blogs