LEGAL Archives - ILLEGALS

Newly freed Adnan Syed surprises law students with a lesson on his case

Posted on October 24, 2022October 24, 2022 by Judith E. Ashton

Syed spoke to students in the school’s innocence clinic on Oct. 18
He was released from prison in September after 22 years

Oct 21 – Less than a month after a judge vacated Adnan Syed’s murder conviction, the newly freed 41-year-old spent two hours this week taking 14 University of Baltimore law students through the history of his case.

Syed, whose case was featured in the popular 2014 true crime podcast “Serial,” was a surprise guest speaker in professor Erica Suter’s innocence project clinic on October 18.

“It was an extremely special experience for everyone because you got to see, ‘Oh, this is what can happen when you put the work in and you fight until the very end of the case,’” said third-year Baltimore law student Amy Werner.

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Syed was convicted of the 1999 murder of high school student Hae Min Lee and sentenced to life in prison. But Syed, who was 17 at the time of the murder, maintained his innocence and supporters raised questions about the integrity of his prosecution.

Suter began working on his case in 2020 and eventually teamed up with attorney Becky Feldman, who heads the Baltimore City State’s Attorney’s Office Sentencing Review Unit, to file a petition for DNA testing. They also uncovered a Brady violation when the original prosecutors failed to disclose two other suspects to Syed’s defense.

A judge vacated Syed’s conviction on Sept. 19, and ordered him released after more than two decades in prison. Lee’s family has filed a notice of appeal, while prosecutors dropped the case against Syed on Oct. 11.

Visiting her clinic was Syed’s idea, Suter said, though she worried that it might be too soon amid his transition to life outside of prison.

“We are in

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Trump Claims 9 White House Records Are His Personal Property

Posted on October 22, 2022October 22, 2022 by Judith E. Ashton

Donald Trump is claiming several documents from his time in the White House are his personal property.
The DOJ filed a letter refuting his claims and saying the records belong at the National Archives.
The FBI secluded thousands of documents during an August raid at Trump’s Mar-a-Lago.

Former President Donald Trump and the Justice Department are already at odds over the first batch of government-seized White House documents set to undergo early review by a special master — and there are still thousands of records let to be examined.

The DOJ outlined the dispute in a Thursday night letter to Judge Raymond J. Dearie, who has been tasked with overseeing a review of the more than 13,000 documents hidden by the FBI during an August raid at Trump’s Mar-a-Lago residence.

According to the letter, Trump is claiming that nine of the 15 documents included in the first batch to be reviewed are his personal property and should be returned to him. The government, however, disagrees and scoffed at Trump’s suggestion that the records from his time in the White House are protected by executive privilege, saying the official documents should be deposited to the National Archives.

The conflict likely signals further legal battles to come over the thousands of records yet to be reviewed in the DOJ’s probe into whether Trump mishandled official White House records following his departure from office.

Among the disputed documents in the initial bunch are materials related to six clemency requests from Trump’s time in office, according to the DOJ letter, which said the records include “supporting materials and relate to the president’s ‘power to grant reprieves and pardons for

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Cannabis tax in San Diego County Measure A is premature

Posted on October 20, 2022October 20, 2022 by Judith E. Ashton

The editorial board operates independently from the UT newsroom but holds itself to similar ethical standards. We base our editorials and endorsements on reporting, interviews and rigorous debate, and strive for accuracy, fairness and civility in our section. Disagree? Let us know.

Measure A — placed on the ballot in San Diego County by the Board of Supervisors — would impose taxes on cannabis businesses in unincorporated areas, purportedly generating $2.9 million to $5.6 million a year. Why purportedly? Because the county government could be on the verge of making the same mistake as the state government, which has a history of confidently offering cannabis tax revenue predictions that don’t come to pass.

This is due to poor follow-through on Proposition 64, the 2016 state ballot measure allowing the sale and recreational use of cannabis. Six years later, sales of illegal cannabis products — which are much cheaper because they are free of the taxes, fees and safety testing costs that can add up to 40 percent to the price of legal products — are believed to be triple those from legal dispensaries and delivery services. To try to boost legal sellers, earlier this year, the Legislature and Gov. Gavin Newsom eliminated a cannabis cultivation tax and provided other types of tax relief. A much sounder first step would have been for the state government, in coordination with local law enforcement, to mount a massive crackdown on illegal storefront dispensaries and delivery services operating openly in so many communities.

While the District Attorney’s Office and the Sheriff’s Department have a much better record of late in cracking down on illegal shops in their areas of jurisdiction, illegal sales remain a serious problem in the county. Until they are mostly eliminated, taxing legal sales is premature — if

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Parkland shooter’s life sentence could bring changes to law

Posted on October 19, 2022October 19, 2022 by Judith E. Ashton

Marjory Stoneman Douglas High School shooter Nikolas Cruz is escorted into the courtroom for a hearing regarding possible jury misconduct during deliberations in the penalty phase of his trial, Friday, Oct. 14, 2022, at the Broward County Courthouse in Fort Lauderdale, Fla. (Amy Beth Bennett/South Florida Sun Sentinel via AP, Pool)

Amy Beth Bennett

AP

FORT LAUDERDALE, Fla.

It wasn’t long ago that Florida school shooter Nikolas Cruz would have been looking at a near-certain death sentence for murdering 17 people in Parkland, even if his jury could not unanimously agree on his fate.

Until 2016, Florida law allowed trial judges to impose a death sentence if a majority of the jurors agreed. With a 9-3 vote Thursday supporting Cruz’s execution, Circuit Judge Elizabeth Scherer would have likely sent him to Death Row for the 2018 massacre at Marjory Stoneman Douglas High.

Now, however, a vote of anything less than 12-0 means an automatic sentence of life without parole — a standard the Stoneman Douglas families and the head of the state’s prosecutors association want changed. That would again put Florida in a distinct minority among the 27 states that still have the death penalty where almost all require juror unanimity.

Ed Brodsky, president of the Florida Prosecuting Attorneys Association, believes the Legislature will next year consider changing the law it passed after a pair of court decisions rejected the old law.

“When there is an overwhelmingly majority and sentiment about what the ultimate penalty should be, should one minority voice be able to dominate and hijack justice?” said Brodsky, the elected state attorney for Sarasota County and its neighbors.

Gov. Ron DeSantis at a Friday press conference criticized the sentence, but wouldn’t specify what changes he would support.

“We need to do some reforms to be better serving victims

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Legal battle looms if NFL tries to discipline Deshaun Watson for similar conduct

Posted on October 17, 2022 by Judith E. Ashton

On Friday, the NFL did not close the door on the possibility of further discipline of Browns quarterback Deshaun Watson, following the filing of a new lawsuit on Thursday. If, however, the NFL tries to impose further punishment on Watson for anything occurring before the date on which the league and Watson agreed to resolve the matter with an 11-game suspension and a $5 million fine, a legal battle becomes likely, if not definite.

As a source familiar with the thinking of Watson’s legal team explained it to PFT, Watson cannot be disciplined for any conduct that occurred before the settlement agreement was reached between Watson and the NFL. New discipline would be possible only if the conduct in question happened after the settlement, or if it involves behavior different from the misconduct for which he has been disciplined.

The new lawsuit makes the same allegations Watson has faced, and the incident allegedly happened in December 2020.

The league has no specifically said that it would try to discipline Watson for similar conduct that occurred before the execution of the August 2022 agreement. However, nothing would prevent further discipline of Watson for different conduct, or for anything happening after he and the league agreed to resolve the prior proceedings with the suspension and fine.

Legal battle looms if NFL tries to discipline Deshaun Watson for similar conduct originally appeared on Pro Football Talk

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Is Every Website Playing Videos Violating the VPPA?

Posted on October 16, 2022October 16, 2022 by Judith E. Ashton

A pile of VHS tapes. — Image: TurboYoda (Shutterstock)

In 1987, Ronald Reagan was nominated for Robert Bork to the Supreme Court. Bork was an extreme, hard-line conservative whose views included the idea that Roe v. Wade should be overturned because he believed there was no constitutional right to privacy whatsoever. In response, a Washington, DC video store leaked a list of his movie rentals, which included films like A Day At the Races and The Man Who Knew Too Much. It was nothing salacious, but Republicans were furious. Bork’s nomination was rejected.

The next year, a Republican-controlled Congress passed the Video Privacy Protection Act (VPPA) in response. Bork faded away; the VPPA lived on. Back then, it was probably hard to imagine the world of the internet, where companies spy on our every move and send the data to countless third parties, but here we are. The Reagan-era law says that “video tape service providers” (or anyone who offers similar services) can’t disclose personally identifiable information about what you watch without your informed, written consent. If a company breaks the law, they owe a cool $2,500 to every plaintiff in a class action suit, not counting potential punitive damages and attorneys fees. That could add up to millions of dollars fast. And depending on how you interpret the VPPA in 2022, a majority of the millions of websites that show videos could be breaking the law. More than a few lawyers see it that way.

A few months ago, I began seeing Instagram ads asking me to join class actions over alleged video privacy violations. One blaring exhortation read, “Do you have an account with the NY Post? Have you watched videos on nypost.com? If so, you may be entitled to compensation.” A little digging unearthed and absolute flood of

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“I Don’t Even Know if It’s Legal” for Chevy Chase to Appear in Community Movie [Updated]

Posted on October 14, 2022October 14, 2022 by Judith E. Ashton

The post Dan Harmon: “I Don’t Even Know if It’s Legal” for Chevy Chase to Appear in Community Movie [Updated] appeared first on Consequence.

Dan Harmon was asked if Chevy Chase would return for the recently-announced Community movie coming to Peacock, and the series creator joked, “I don’t even know if it’s legal for him to come back.

“That may be out of my hands,” he continued. “Maybe something I sign for with an insurance company, I really don’t know.” On a more serious note, he said, “Everyone wants to know, is so-and-so coming back? I can’t really speak to that.”

Harmon and Chase famously disagreed about the direction of the latter’s character Pierce, and Chase used the N-word during at least one heated exchange. Donald Glover, who also starred on the show, has spoken about his many racist interactions with Chase, including being told, “People think you’re funnier because you’re Black.”

The 78-year-old Chase remains unrepentant. When questioned about the Saturday Night Live and Community cast mates who all seemed to hate him, Chase responded, “I don’t care.”

Harmon also clarified details about the Community movie in the new interview. He had previously been reported as a writer on the project alongside Andrew Guest, but he said — possibly joking — “No, I don’t want to do that.”

He added, “I’m working with Andrew Guest — he was a great Community writer in the… I don’t want to say ‘peak’ days… but Andrew was classic Community. He wrote the “Dungeons and Dragons” episode. He’s going to help me make sure I don’t pull a ‘Harmon’ when that script is getting executed, so we can actually deliver it and start executing it.

“We don’t have a director attached and that’s about it,” he said. Check out that

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Delaware AG asking state Supreme Court to overturn vote-by-mail law

Posted on October 13, 2022October 13, 2022 by Judith E. Ashton

Delaware’s Democratic attorney general is asking the state Supreme Court to overturn a judge’s ruling declaring a new vote-by-mail law unconstitutional and prohibiting voting by mail in the upcoming November election.

The justices heard arguments Thursday in a lawsuit challenging both the vote-by-mail law and another new law allowing same-day registration.

Vice Chancellor Nathan Cook last month upheld the same-day registration law. But he said the vote-by-mail law, the result of legislation Democrats rammed through the General Assembly in less than three weeks, violates restrictions on absentee voting in Delaware’s constitution.

Attorney General Kathleen Jennings appealed the ruling striking down the vote-by-mail law. Republican representing attorneys voters, a state House candidate and a Department of Elections employee appealed Cook’s decision upholding the same-day registration.

DELAWARE DEMOCRATIC PRIMARY VOTERS TO DECIDE IF STATE AUDITOR DESERVES A CHANCE AT RE-ELECTION IN NOVEMBER

Attorneys representing state elections officials argue that the General Assembly has broad powers to enact voting laws. Chief Deputy Attorney General Alexander Mackler also argued Thursday that opponents have no standing to challenge either law because they have not demonstrated any specific injury or any particular interest not shared by others.

The attorney general in Delaware is asking the state Supreme Court to overturn a ruling that declared the new vote-by-mail law to be unconstitutional.
(Fox News)

“These plaintiffs are not legally injured. They are politically aggrieved,” Mackler said. “They have a policy disagreement with the legislature that they want this court to legitimize.”

Justice Gary Traynor pushed back on Mackler’s assertion, asking why a candidate who wants to ensure that an election complies with Delaware’s constitution would not be allowed to challenge “a statute that arguably is in violation of the constitution.”

Justice Karen Valihura raised similar concerns.

“If people vote who are not entitled to vote,

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Judge eyes summer trial in Kesha’s legal clash with Dr. Luke

Posted on October 12, 2022October 12, 2022 by Judith E. Ashton

After almost a decade, the legal fight between pop singer Kesha and producer Dr. Luke is headed to trial in New York next summer, a judge said Friday.,

Manhattan Judge Jennifer Schecter said jury selection could start in either late June or early July, asking the two sides to choose and let her know. She broached the dates at the end of a hearing that worked through some of the legal issues and arguments that need to be resolved before the trial can start.

The “TiK ToK” singer and the Grammy-nominated hitmaker sued each other in 2014.

She alleged that he drugged and raped her in 2005 and emotionally abused her for years. He accused her of defaming him, saying she fabricated her claims to try to get out of her record contract.

A court later dismissed Kesha’s sexual abuse claim s because of time limits and other legal issues, without ruling on whether the allegations had merit.

Kesha, born Kesha Rose Sebert, gained fame with “TiK ToK” in 2009. Her performance of “Praying” became an emotional highlight of the Grammy Awards in 2018, at the height of the #MeToo movement against sexual misconduct.

Dr. Luke, born Lukasz Gottwald, has worked with singers including Katy Perry, Miley Cyrus, Kelly Clarkson and Nicki Minaj.

His career took a hit after Kesha publicly aired her allegations and got support from several other female stars. But he resurfaced in 2020 under the name Tyson Trax, producing and co-writing “Say So,” Doja Cat’s Billboard Hot 100 No. 1 hit.

The Associated Press does not generally name people who report being sexually assaulted unless they come forward publicly, as Kesha has done.

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SVU’ Fans Are Devastated Over Mariska Hargitay’s IG Tribute to Kelli Giddish

Posted on October 11, 2022October 11, 2022 by Judith E. Ashton

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Although the dynamic relationship between Law & Order SVU‘s Olivia Benson (Mariska Hargitay) and Law & Order: Organized Crime star Elliot Stabler (Chris Meloni) can’t be beaten, Olivia and Amanda Rollins (Kelli Giddish) might just come in at a close second. But soon, fans will sadly have to say goodbye to the Olivia-Rollins duo.

SVU viewers have been gutted since the kelli-giddish-leaving-law-and-order-svu-1235350955/” data-ylk=”slk:announcement via Variety in late August” class=”link “announcement via Variety in late August that Kelli would be leaving from the series after years on the show” class=”link “12 years on the show. What’s more, Mariska’s recent Instagram post made things more heartbreaking for fans. The 58-year-old actress, who has been starring on the show since 1999, showed some love to the #Rollivia relationship with photos of the two from the season 24″ class=”link “most recent episode of season 24.

In reaction to the post, one fan wrote, “I’m already sad. How can they break up this duo? It just won’t be the same without her… .” “Do I start crying now?😢,” commented another. One person said“Absolute icons! I’ll miss seeing this duo next season!”

Both women have been public about how much they enjoy working with each other. Mariska previously told Entertainment Tonight that Kelli is one of her “favorite actors” she’s even gotten to work with. “We got to build something really beautiful together and really learned together because our characters had quite a journey,” Mariska added.

In October of last year, Kelli told Smashing Interviews Magazine that her favorite scenes are the ones she shoots with Mariska. “Those scenes are what

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