| Archive for May, 2010 |
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| Posted by Janice | Permalink | 4 Comments | Add a comment |
While we enjoy the simple pleasures of a backyard barbecue, or, trip to the beach afforded us during Memorial Day, let us not forget its true purpose. Our nation is rooted in a strong, viable military, quick to spring into action to preserve and defend its liberty. This holiday seeks to honor those who have died in their pursuit of this treasured ideal. Lady Justice salutes all armed forces personnel who serve our interests, both here and abroad. Thank you!
May 25th, 2010
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| Posted by Janice | Permalink | 3 Comments | Add a comment |
The Supreme Court delivered two interesting decisions today. In a 6-3 split decision, life sentences without the possibility of parole cannot be handed to criminal juveniles where no one is killed, reversing current law in 37 states, including Florida and California. This decision stems from Terrance Graham, who, in 2003 at age 16, robbed a Jacksonville, Florida restaurant and was sentenced to a year in jail with three years probation. A year later, Graham robbed a home with two accomplices; he was sentenced to life in prison for violating his probation. Justice Kennedy opined that Graham would “die in prison without any meaningful opportunity to obtain release, no matter what he might do to demonstrate that the bad acts he committed as a teenager are not representative of his true character, even if he spends the next half century attempting to atone for his crimes and learn from his mistakes.”
The other High Court decision (7-2 split) upheld the federal government’s authority to detain prisoners deemed “sexually dangerous” beyond the date of their original sentence. This law effectively reiterated a provision in the 2006 Adam Walsh Child Protection and Safety Act, and allows confinement in a federal facility until either: 1) the person’s mental condition improves to the point where he is no longer poses a threat; or, 2) the state assumes responsibility for his care and treatment. The case leading to the decision involved an attorney general prolonging the detention of a child pornographer because of the threat he posed to society, which was initially appealed on grounds of being unconstitutional.
May 17th, 2010
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| Posted by Janice | Permalink | 9 Comments | Add a comment |
This week Larry Birkhead announced that he will auction off the possessions of the late star Anna Nicole Smith in an attempt to better provide for his daughter. Today Birkhead has been making the media rounds with Dannielynn in an attempt to publicize the auction and plead his case. This morning the duo appeared on the TODAY show and MSNBC.
The auction’s announcement comes just days after the 9th Circuit rejected an appeal over Anna Nicole Smith’s estate. In March, the 9th Circuit ruled that Marshall provided for Smith during his life and Smith had no claims to her late husband’s estate, thus granting the contested fortune to J. Howard Marshall II’s heirs.
After over 15 years of litigation, this case has done little more than rack up legal fees for Dannielynn. As the sole heir of her mother’s estate, further appeals merely make Dannielynn liable for a battle that should not even involve her. Dannielynn inherited her only connection to the Marshall family in a legal battle she never chose to fight.
Birkhead insists he just wants a normal life for his little girl yet he continues to flaunt her to the press. The best thing for Dannielynn’s future would be to drop the case and remove her from the public eye.
The 9th circuit was correct in their decision and made it clear this was the end of the road for Smith and her team of lawyers. Any attempts to further appeal the case would be a waste of time and money.
May 13th, 2010
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| Posted by Janice | Permalink | 3 Comments | Add a comment |
Yesterday President Obama nominated Elena Kagan for a seat on our nation’s highest court to replace the outgoing John Paul Stevens. Her impending confirmation is already met with the usual assortment of diatribes and denouncements from various members of the political community.
An oft repeated critique stems from her lack of judicial experience, which was the case with previous justices, Thurgood Marshall and Earl Warren. Another critique is that her constitutional interpretations depart from the founding values of this nation. Others argue her brief tenure as Solicitor General – often given the moniker of the “tenth justice” – provides insight into the court’s current ideological landscape.
Coupling this recent experience, with her prior 5 year post as Dean of Harvard Law School, many feel she possesses the unique skill of bringing people together. Lady Justice continues to research what Ms. Kagan’s core constitutional beliefs are, and will update you with any breaking developments in the confirmation process.
May 11th, 2010
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| Posted by Janice | Permalink | 5 Comments | Add a comment |
After a 15-year legal battle, this illustrious case has hopefully ended once and for all! Yesterday the Ninth Circuit rejected an appeal by Anna Nicole Smith’s legal team. The appeal filed by Smith’s lawyers came only a few weeks after the court ruled in favor of J. Howard Marshall II. The 9th Circuit’s ruling supports the Texas probate court, stating that Anna Nicole Smith was provided for during her brief marriage to Marshall thus has no further claims to his estate.
This case has traveled through the state and federal court system, all the way up to the U.S. Supreme Court, and finally approaches closure. The Ninth Circuit’s decision once again demonstrates why legal abuses will not be tolerated. Smith was blessed with more than enough during her short-lived marriage with Marshall. The time is way overdue for Smith’s players to forfeit the game.
May 6th, 2010
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