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Thursday, July 15, 2010
Rule of Law via Gary
Tuesday, July 6, 2010
Lawyering Suits_USSC
Lawyering Suits Pile Up at High Court
Posted by: "Jeff" trvlshpp@prodigy.net bunkky96
Tue Jul 6, 2010 3:13 am (PDT)
http://www.law.com/jsp/law/index.jspLawyering Suits Pile Up at High Court
[[From client advice to attorney fees to ineffective assistance of counsel, the U.S. Supreme Court decided an unusually large number of cases last term involving how lawyers do their jobs.]]
During 2009-2010 term, some 20 percent of the decision docket involved cases on lawyering
Marcia Coyle
The National Law Journal
July 06, 2010
http://www.law.
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Jeff
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Sunday, June 6, 2010
Judges Kathleen Gearin re-elected
Gearin re-elected to 2nd District leadership
Kathleen Gearin has been re-elected chief judge in the Second Judicial District, Ramsey County.
Judge Edward Cleary was re-elected to serve as assistant chief judge.
The leadership positions are decided by a vote of their fellow Ramsey County judges.
Gearin, 65, has sat on the bench since her election in 1986. She worked for more than 11 years before that as a prosecutor.
Both judges begin their two-year positions July 1.
— Emily Gurnon
“Sharon4Anderson” Since: Feb 08
St. Paul, Minnesota | With no opposition What a Joke These Judges do not list their Residence's and Use the Courthouse for Campaign Propoganda with illegal use of Tax supported e-mail: When the Court circumvents "due process" committs RICO acts in their "Official Capacity" We the people must make them accountable. http://www.review-news.com/main.asp... http://www.review-news.com/SiteImages/FileGal... Page 20's Published re: 2009 Tax Delinquent re: 62cv10-110 Affiant is the only one to challenge out of 3 thousand propertys Apparantly Judge Kathleen Gearin may be manulipating www.mnccc.org re: online payments to www.usbank.com by Affiant **** with Criminal Charges to www.ftc.gov Brad re: 26640063 against Laua Manning. This is another Grand Jury Indictment likened to the former Director of Elections/Taxes Lou McKenna KATHLEEN R GEARIN 02.28.23.41.0142 APT OWN NO.85 ST ALBANS ROW UNIT NO 6 2009 2,660.59 Affidavit of Prejudice v. Kathleen Gearin re: 62cv09-1163 |
“Sharon4Anderson” Since: Feb 08
St. Paul, Minnesota | Forensic Files out there unabated by Hometown Paper http://www.google.com/#hl=en&source=hp&am... |
“Sharon4Anderson” Since: Feb 08
St. Paul, Minnesota | Voters Taxpayers have the Right to Full Disclosure of these "Elected" Judges and what Boards,Panels they sit on for compensation http://www.scribd.com/doc/30863135/SCAP-Membe... |
Sunday, November 22, 2009
Bob Bregory_ProsecutorObligations
This is rather surreal. Bob Gregory on prosecutor obligations - Lawmen Google GroupsProsecutors are officers of the court and their
principal obligation is to justice. They are obligated to reveal to the
defense attorney any exculpatory evidence. I am convinced that many if not
most of them place such obligations in last place, behind winning for the
sake of winning and building a strong record of success as a stepping stone
to higher office. In Illinois they are apparently attempting to intimidate
students working for justice and possibly to avoid allowing proof of the
innocence of long term convict.
Most of them seem to forget such court rulings as these:
Hurd v. People, 25 Mich 405, 416 (1872).
Hurd v. People,25 Mich 405 - Google Search
" The prosecuting officer represents the public interest, which can never be
promoted by the conviction of the innocent. His object like that of the
court, should be simply justice; and he has no right to sacrifice this to
any pride of professional success. And however strong may be his belief of
the prisoner's guilt, he must remember that, though unfair means may happen
to result in doing justice to the prisoner in the particular case, yet,
justice so attained, is unjust and dangerous to the whole community"
Peasley,90 P.3d 754(Ariz.2004) - Google Search
In re Peasley, 90 P.3d 754 (Ariz. 2004).
Prosecutor's interest in a criminal prosecution 'is not that it shall win a
case, but that justice shall be done; courts generally recognize that the
ethical rules impose higher ethical standards on prosecutors.
Jeschke v. State, 642 P.2d 1298,1303 (Wyo.1982 - Google Search
Jeschke v. State, 642 P.2d 1298, 1303 (Wyo. 1982).
Prosecutors must always keep in mind that duty is to seek justice, not
merely to convict, "which is most certainly a difficult duty to be carried
out carefully and cautiously."
Do you remember the old radio and, later, TV program called "Mr. District
Attorney? Weekly his oath was a part of the show's introduction:
" And it shall be my duty, not only to prosecute to the limit of the law all
those charged with crimes within this country, but to defend with equal
vigor the rights and privileges of all its citizens."
Those were the good old days (on radio and TV, that is).
Prosecutors Turn Tables on Student Journalists
By MONICA DAVEY
<http://topics.nytimes.com/top/reference/timestopics/people/d/monica_davey/i
ndex.html?inline=nyt-per>
Published: October 24, 2009
EVANSTON, Ill. - For more than a decade, classes of students at Northwestern
University
<http://topics.nytimes.com/top/reference/timestopics/organizations/n/northwe
stern_university/index.html?inline=nyt-org> 's journalism school have been
scrutinizing the work of prosecutors and the police. The investigations into
old crimes, as part of the Medill Innocence Project
<http://www.medill.northwestern.edu/journalism/undergrad/page.aspx?id=59507>
, have helped lead to the release of 11 inmates, the project's director
says, and an Illinois governor once cited those wrongful
<http://topics.nytimes.com/top/reference/timestopics/subjects/f/false_arrest
s_convictions_and_imprisonments/index.html?inline=nyt-classifier>
convictions as he announced he was commuting the sentences of everyone on
death row.
David Protess, director of the Medill Innocence Project, says prosecutors
are overreaching.
But as the Medill Innocence Project is raising concerns about another case,
that of a man convicted in a murder 31 years ago, a hearing has been
scheduled next month in Cook County Circuit Court on an unusual request:
Local prosecutors have
<http://www.medillinnocenceproject.org/files/mckinney/mckinneysubpoena.pdf>
subpoenaed the grades, grading criteria, class syllabus, expense reports and
e-mail messages of the journalism students themselves.
The prosecutors, it seems, wish to scrutinize the methods of the students
this time. The university is fighting the subpoenas.
Lawyers in the Cook County state
<http://www.statesattorney.org/index2/about_the_office.html> 's attorney's
office say that in their quest for justice in the old case, they need every
pertinent piece of information about the students' three-year investigation
into Anthony McKinney, who was convicted of fatally shooting a security
guard in 1978. Mr. McKinney's conviction is being reviewed by a judge.
Among the issues the prosecutors need to understand better, a spokeswoman
said, is whether students believed they would receive better grades if
witnesses they interviewed provided evidence to exonerate Mr. McKinney.
Northwestern University <http://www.northwestern.edu/> and David
<http://www.medill.northwestern.edu/faculty/fulltime.aspx?id=59603>
Protess, the professor who leads the students and directs the Medill
Innocence Project, say the demands are ridiculously overreaching, irrelevant
to Mr. McKinney's case, in violation of the state's protections for
journalists and a breach of federal privacy statutes - not to mention
insulting.
John Lavine, the dean of the Medill School of Journalism, said the
suggestion that students might have thought their grades were linked to what
witnesses said was "astonishing." He said he believed that federal law
barred him from providing the students grades, but that he had no intention
of doing so in any case..
A spokeswoman for Anita Alvarez, the Cook County state's attorney, who was
elected last fall, said the prosecutors were simply trying to get to the
bottom of the McKinney case.
"At the end of the day, all we're seeking is the same thing these students
are: justice and truth," said Sally Daly, the spokeswoman. She said the
prosecutors wished to see all statements the students received from
witnesses, whether they supported or contradicted the notion of Mr.
McKinney's innocence.
"We're not trying to delve into areas of privacy or grades," Ms. Daly said.
"Our position is that they've engaged in an investigative process, and
without any hostility, we're seeking to get all of the information they've
developed, just as detectives and investigators turn over."
If the courts find that Mr. Protess and the journalism school must turn over
the student information, they risk being held in contempt if they refuse,
said Dick O'Brien, a lawyer who is representing Northwestern.
But if the school gives in to such a demand, say advocates of the Medill
Innocence Project and more than 50 similar projects
<http://www.innocencenetwork.org/members.html> (most involving law schools
and legal clinics), the stakes could be still higher, discouraging students
from taking part or forcing groups to devote time and money to legal
assistance.
"Every time the government starts attacking the messenger as opposed to the
message, it can have a chilling effect," said Barry C. Scheck, a pioneer of
the Innocence Project in New York, who said he had never seen a similar
demand from prosecutors.
In October 2003, Mr. Protess's investigative journalism classes began
looking at the case after Mr. McKinney's brother, Michael, brought it to the
attention of the Medill Innocence Project - one of more 15,000 cases the
project has been asked to consider investigating over the years.
Mr. Protess, who has been on the faculty at Northwestern since 1981 and
began leading his investigative reporting students on such cases in 1991,
created the Medill project in 1999, the same year he and his students drew
national attention for helping to exonerate and free Anthony Porter, an
inmate who had come within two days of execution.
The McKinney case took three years and nine teams of student reporters, all
of whom have since graduated from Northwestern. In the end, the teams
concluded that Mr. McKinney had been wrongly convicted of killing Donald
Lundahl, a security guard, with a shotgun one evening in September 1978 in
Harvey, a southern suburb of Chicago.
The students said they had found, among other things, that two eyewitnesses
had recanted their testimony against Mr. McKinney and could not have seen
him commit the killing because they were watching a boxing championship
(Leon Spinks vs. Muhammad Ali). The students collected an affidavit from a
gang member who, they say, confirmed Mr. McKinney's alibi that he was
running away from gang members when the shooting took place.
The students have also suggested alternative suspects in the case and
offered witnesses who said they had heard the others admit their
involvement.
In 2006, the students took their findings to the Center for
<http://www.law.northwestern.edu/cwc/> Wrongful Convictions at
Northwestern's law school, and by late last year, the claims were being
considered by a Cook County Circuit Court judge and were described in an
article in The Chicago Sun-Times <http://www.suntimes.com/index.html> and
on the Medill <http://www.medillinnocenceproject.org/> Innocence Project
Web site.
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Main Stream Media,Grass roots Rebirth,Corporate Hores
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Thursday, September 10, 2009
Robin K.Magee Hamline law_Tax Evasion
Hamline University law professor charged with state income-tax evasion
Hamline University Law School associate professor Robin K. Magee, an expert in criminal law and a frequent critic and commentator on police and justice issues, has allegedly run afoul of the law herself.
Magee, 46, of St. Paul, has been charged in Ramsey County District Court with 11 felony charges of state income-tax evasion, including failure to pay taxes, failure to file tax returns and filing a false or fraudulent tax return, during the tax years 2004-2007.
According to the criminal complaint, a Minnesota Department of Revenue investigation found that Magee filed her Minnesota income-tax return on time only once in the period from 1991 to 2003 and that she failed to timely file returns for 2004, 2005, 2006 and 2007.
In those four years, Magee's wages from Hamline University ranged from $86,872.83 to $112,217.51 a year, according to the complaint.
The amount of taxes owed to the state for 2004-2007, not including penalty and interest, was estimated at $4,938, according to the complaint.
When Magee did file returns, she omitted interest, dividend, capital gains and pension income in the years of 1998, 2000, 2001 and 2003, the complaint says.
The complaint also says Magee claimed eight exemptions on her W-4 form, even though she is single and has no dependents.
Magee could not be reached for comment Wednesday.
Magee told Revenue Department staff that she has due refunds from overpaid taxes.
But Revenue Department records showed that Magee owed taxes most years, according to the complaint.
On Nov. 25, 2008, Magee faxed a message to the Revenue Department saying she would submit her 2004-2007 returns in a week to 10 days, according to the complaint.
The Revenue Department received faxed copies of Magee's 2004 and 2005 returns Jan. 15 and the 2006 return Feb. 23, according to the complaint. But the returns failed to report income from capital gains, dividend and interest and claimed unsubstantiated business expenses that had been previously disallowed, the complaint said.
The complaint states that the 2007 return remains unfiled.
The charges filed against Magee allege she failed to file tax returns in a timely manner and failed to pay taxes owed for the tax years of 2004-2007. She is also charged with filing a false or fraudulent tax return for the tax years of 2004, 2005 and 2006 because of failure to report income and because of falsely claimed losses from previously disallowed business expenses.
Phillip Prokopowicz, chief deputy attorney in the Dakota County attorney's office, which is handling the case, said he is not aware of any investigation of Magee for federal tax evasion.
The Dakota County attorney's office is handling the case instead of the Ramsey County attorney's office because of a potential conflict of interest because Magee has been a critic of the handling of criminal cases in Ramsey County.
For example, in an opinion piece that appeared in the Pioneer Press in 2007, she criticized the handling of allegations that a juror in the trial of the man accused of killing St. Paul police Sgt. Gerald Vick made racist statements.
The opinion piece sparked angry responses from St. Paul police.
Over the years, Magee has been frequently quoted in newspaper stories about criminal issues and has written opinion pieces on topics including the Rodney King verdict, the O.J. Simpson trial and Tasers carried by St. Paul police in schools.
According to her Web site biography, she was involved in the Committee Seeking Equal Justice for the Minnesota Eight, a support group for the defendants charged with the murders of Minneapolis police officer Jerome Haaf, a Minneapolis police officer who was ambushed by members of a street gang and shot to death on a coffee break in 1992, and Vice Lords member Ed Harris, who was seen talking to Minneapolis police investigators about the Haaf slaying.
A law review article by Magee cited in the bio is called, "The Myth of the Good Cop and the Inadequacy of Fourth Amendment Remedies for Black Men: Contrasting Presumptions of Innocence and Guilt."
The bio also includes a quote from Magee that reads: "I believe, as the founders of this country espoused, that the greatest threat to law and order, peace and liberty is tyranny, not crime. I, therefore, believe that the highest calling of the lawyer is the call to fight against tyranny and government-sponsored or tolerated oppression."
Hamline University spokeswoman Jacqui Getty said Magee is teaching a criminal-law class and a race and law seminar this fall.
Of the tax evasion charges, Getty said, "We feel that this is a personal issue and it wouldn't be appropriate for us to comment on this at this time."
Richard Chin can be reached at 651-228-5560worked at Hamline University for 17 years as a law professor but is not familiar