Four Kansans sue to change way vacancies on state supreme court are filled

The four filed suit in federal court arguing that the selection process shuts out voters.

They filed the suit alleging election fraud.

| Bob Cronkleton

Minneapolis reaches $165k settlement with zombies

Police arrested a group of friends dressed as zombies as they danced through downtown Minneapolis in 2006. They happened to have bags with wires sticking out that police said simulated WMD's.

The seven said they were protesting what they called mindless consumerism. They had white powdered faces with dark makeup around their eyes and were walking in a stiff, lurching fashion.

The city thinks police acted appropriately but figured it would be better to settle than risk a trial.

(Yes, as a matter of fact, there are lovely mugshots in the link!)

| Sara Shepherd

Second-degree murder charge against dog owner

An appeals court upheld a jury's ruling for second degree murder after a San Francisco woman's dog mauled and killed a neighbor. They said she acted with a conscious disregard for human life when her Presa Canario escaped and killed a woman in 2001. 

Hawk swoops down on jurors

In Santa Ana, Calif., authorities have a problem with a hawk that's been swooping down on prospective jurors as they walk into the local courthouse. The bird has a nest in a nearby tree, and a wildlife official says he legally can't move it. Anybody who harasses the hawk, meanwhile, could face prosecution.

Court lets suit proceed against Vatican

The U.S. Supreme Court won't stop a lawsuit against the Vatican, which is accused of moving a priest around the country despite allegations of sex abuse. Usually, lawsuits against foreign states don't go far because they get immunity -- but this suit might meet an exception.

Supreme Court upholds law that bans supporting terrorists

Contrary to a civil rights activist who filed suit, the court announced today that the federal law does NOT violate the First Amendment. From The NYT:

“At bottom, plaintiffs simply disagree with the considered judgment of Congress and the executive that providing material support to a designated foreign terrorist organization — even seemingly benign support — bolsters the terrorist activities of that organization,” the chief justice wrote.

Of note: The decision was the court’s first ruling on the free speech and association rights of American citizens in the context of terrorism since the Sept. 11 attacks.

| Sara Shepherd

Potential juror faces arrest for obscenities scrawled on questionnaire

A warrant has been issued for a Yuma, Ariz., man who -- when mailed a jury questionnaire form -- returned it with obscenities scrawled on it in black marker, the AP reports.

Hat Tip: Many thanks, eephus!

Speak up if you wish to remain silent

Suspects have the right to remain silent, but they must explicitly tell police that, the U.S. Supreme Court has ruled. The question was raised during a 2000 murder case from Michigan. The suspect was "mostly silent" during a three-hour interrogation before he eventually made an incriminating statement, the AP reports. His lawyer argued the man had exercised his right to silence by being uncommunicative. Justice Kennedy says that's not enough:

"Thompkins did not say that he wanted to remain silent or that he did not want to talk to police," Kennedy said. "Had he made either of these simple, unambiguous statements, he would have invoked his 'right to cut off questioning.' Here he did neither, so he did not invoke his right to remain silent."

The vote was 5-4. Justice Sotomayor was one of those in opposition.

"Criminal suspects must now unambiguously invoke their right to remain silent — which counterintuitively, requires them to speak," she said. "At the same time, suspects will be legally presumed to have waived their rights even if they have given no clear expression of their intent to do so."

Here's a PDF of the opinions.

Jailed lawyer says he's being persecuted

In Los Angeles, a former attorney named Richard Fine has been jailed for 14 months on contempt of court, because he allegedly refuses to turn over some paperwork and answer questions after he was told to pay an opposing client's attorney fees, CNN reports.

Fine, who was a taxpayer advocate, says he's the victim of retaliation. The judges there get an extra $57K per year from the county as a retention bonus -- which means they almost never rule against the county, Fine says. He's frequently called the judges corrupt and appealed their decisions.

Hat Tip: Many thanks, Tȟatȟaŋka Wansila (One Bull)

Go-Go-Gadget spyglasses!

An East St. Louis man's attempt to video-tape his order of protection hearing via a tiny camera hidden in his glasses worked for a little while.

But when authorities caught on to his fancy glasses, they confiscated them and charged him with eavesdropping -- a felony.

| Sara Shepherd

Hat tip: Thank you, cripjak!

Woman jailed for offensive T-shirt

I can't really repeat what the T-shirt said -- and please don't do so in the comments -- but the 19-year-old woman reportedly wore it into a courtroom in suburban Chicago, the Daily Herald reports. The woman, who'd given a friend a last-minute ride to court, contends that she offered to take off the shirt or leave the courtroom, claiming the judge insisted she be jailed for contempt.

Hat Tip: Saw this via the Obscure Store!

More SF cases could be in trouble

In San Francisco, prosecutors are worried that hundreds of felony convictions could be in danger. Why? Because authorities failed to tell defense attorneys about the criminal history and misconduct records of 80-plus officers who testified in criminal cases. Under the law, prosecutors must disclose that information, so defense attorneys can challenge officers' character.

A little groveling goes a long way

A quick update to yesterday: Kelsey Gloston, the 19-year-old who was hauled into court wearing flip-flops and shackles for missing jury duty, has apologized to the judge, who's going to let the matter drop. Her dad says he's not going to sue the judge, either.

Student hauled into court in shackles for missing jury duty

The good news: They didn't hang her, which I hear is an option in some Texas counties. Instead, the 19-year-old college student -- who was wearing a tight T-shirt, short shorts and flip-flops, plus the shackles -- has been ordered to appear in court later this week with a lawyer, to explain why the judge shouldn't find her in contempt. She allegedly made the crucial mistake of hanging up on the judge's jury people when they called.

UPDATE: Judge orders polygraphs for teen rape victims

A juvenile judge in Cleveland has reversed her order that would have forced three teenage rape victims to take polygraph tests, even though the boys in those cases had already been found "delinquent," or guilty. The judge says she "lacked the authority" to order such tests, which had infuriated prosecutors and sex-crime advocates.

Erotic candy helps killer's case

Marcus Wellons, a Georgia man convicted of raping and killing a 15-year-old girl, is getting a new hearing because jurors sent penis-shaped chocolates to the judge and chocolate shaped like breasts to a bailiff.

Hat Tip: Many thanks, You're A Mean Drunk R2D2!

Lawyer fails to mention client's death

In Minnesota, a lawyer has been suspended for a year after he conveniently forgot to mention that his client was living-challenged. (Dead.) The man had hired the lawyer to sue a credit agency that mistakenly reported him as being dead. Only the man died after the suit was filed. The company was all set to settle for $19,000.

After the credit agency agreed to settle the case for $19,000, the man’s wife signed the papers, prompting the company to ask if her husband was dead. Lyons responded, “Yes – HOW IRONIC.”

Judges say the darnedest things

A justice of the peace in Springfield, Ore., has resigned after an investigation found that she repeatedly made sexual, offensive comments to staffers and people in court. She denied doing anything inappropriate: "She described herself as a 300-pound, hetero­sexual, 'essentially asexual virgin.'" You really need to read the whole thing, but here are some of the highlights:

The judge also allegedly warned truant girls that they would “end up dancing naked on tables” at a Springfield strip club. She also reportedly told young defendants: “You will learn about sex when you are in jail showering with other people.”

One clerk allegedly balked at typing Sinclair’s letter warning a truant child that “any man with a penis will do a sixteen-year-old girl.” The judge reportedly disagreed with her objections and sent the letter unchanged. ...

Campus Christian group heads to Supreme Court

The U.S. Supreme Court will hear arguments today about a campus Christian group that was denied university funds and recognition because it wouldn't let gays and non-Christians become full voting members or officers. The University of California's Hastings School of Law says it turned down the group because student groups aren't allowed to discriminate based on religion or sexual orientation, if they want money from the school. The group -- the Christian Legal Society -- says the school is discriminating against them.

This story might sound familiar because there have been several cases like this over the years, with varying results. The Supremes, though, could settle the matter for everybody.

UPDATED: The AP says the court appears to be divided over the case.

Chief Justice John Roberts and Justice Samuel Alito questioned the school's lawyer sharply, saying that being forced to admit someone who doesn't share their beliefs was a threat to the group. But Justices Ruth Bader Ginsburg and Sonia Sotomayor pressed the group's lawyer on notion that if they can ban gays, other groups can legally ban women and minorities.

(Again, not remotely crime-related, just an interesting case!)

Should Mo. restrict online court records?

A committee is asking the Missouri Supreme Court to restrict how much information is available via Case.Net, the state's online database of court records. Right now, you can usually find a party's full address -- the proposal would limit that to city, state and zip code. The committee also wants to remove listings of criminal cases where the defendant was acquitted or the charge was dismissed.

This information would still be public record -- people would just have to go to the courthouse to view it.

The Missouri Press Association is fighting the changes because, A, they're generally opposed to limiting access to public records, paid for by taxpayers. And, B, it would be a pain in the neck for reporters who write criminal and civil cases. Right now, it's a fairly simple matter to double-check the outcome of a trial by using Case.Net.

It's not hard to understand why the committee wants to make these changes. EVERYBODY can use Case.Net, from potential employers to landlords considering your rental application. Even if you've been found not guilty of a crime, there are still a lot of people who are going to hold that against you.

KSHB: Judge Beaird to retire

Though when he plans to do so is an open question. Beaird has served as a Jackson County circuit judge since 2002, after a stint as prosecutor, KSHB reports.

File photo: Beaird back when he was prosecutor.

Quote of the day

"I still can't believe he locked kids up for money. I hear about his beach house in Florida and I wonder how many kids' lives he ruined to get that place."

-- an unnamed teenager who was sent to a juvenile facility by one of two Pennsylvania judges who allegedly got kickbacks for placing kids in private detention. The boy received 48 days for throwing a piece of meat at his mother's boyfriend.

Octogenarians fight over Powerball cash

Hat Tip: Many thanks, cripjak!

Best excuse for skipping jury duty

In South Bend, Ind., the Imperial Wizard of the National Knights of the Ku Klux Klan was called for jury duty. He wrote a letter asking to be dismissed and noted that he planned his full set of robes every day if he had to appear. The judge let him go.

Mo. man arrives drunk, late to DUI hearing, officials say

To be fair, it was the day after St. Pat's, so I think most of us, in that situation, would've been two hours late and reeking of alcohol. The judge went ahead and revoked the St. Joseph man's bond, the News-Press reports.