Judge Reprimanded for Jailing Guy Who Gave Him the Raspberry

I think I'm with the judge on this one, even if the state supreme court said he screwed up.

Municipal Court Judge Emery Toth was reprimanded last month for violating the New Jersey Code of Judicial Conduct by "speaking disrespectfully and intemperately to a litigant" and for abusing his contempt power by throwing the litigant in jail after he responded.  The litigant had escalated matters, though, by using certain well-known gestures and that time-honored salute, the "raspberry."

The defendant, a cab driver named Esmanuel Buldoni (a.k.a., oddly, "Luis Martinez"), had been charged with three traffic violations.  He was in prison at the time of his arraignment, possibly because he had failed to show up for a prior court date, and so the exchange took place over a video link to the courtroom.  After Buldoni pleaded not guilty, he and the judge got into a dispute over why exactly Buldoni was in prison at the time.  After a short exchange, Judge Toth ended the argument.  "I don't want to have an Oprah Winfrey conversation with you," he said.  "All right? . . . I'll give you a trial date next week.  See you around.  Goodbye."

According to Toth, Buldoni then made the "raspberry" sound and gestured with his middle finger in a way that Toth said he interpreted as meaning "kiss off."  The kiss-off does not seem to have been a big deal, but the raspberry was not to be endured:

 

http://www.law.com/newswire/cache/1202433825070.html

Owner of Tennesse Salvage and Demolition Company Pleads Guilty to Environmental Crimes

Company Violated Clean Air Act and Defrauded the United States  Sept.29, 09

WASHINGTON—The owner of a Chattanooga, Tenn., salvage and demolition company, Watkins Street Project LLC, pleaded guilty today in federal court in Chattanooga, Tenn., for conspiring to violate the Clean Air Act and to defraud the United States.

Gary Fillers of Chattanooga, Tenn., pleaded guilty before U.S. District Judge Collier for the Eastern District of Tennessee to one criminal felony count for conspiring to violate the Clean Air Act’s “work practice standards” related to the proper stripping, bagging, removal and disposal of asbestos.

According to the charges, Fillers and other indicted and unindicted co-conspirators, engaged in a year-long scheme in which substantial amounts of regulated asbestos containing materials was removed from the former Standard Coosa Thatcher Plant without following the Clean Air Act and the regulations governing Environmental Protection Agency (EPA) notification requirements; removing all asbestos prior to demolition; and stripping, bagging, removal and disposal of such asbestos.

“Work practice standards under the Clean Air Act are designed to protect workers from the harmful effects of asbestos,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Conspiring to violate these work practice standards will not be tolerated and those who do can expect to be prosecuted.”

“Exposure to asbestos can cause cancer and other serious respiratory diseases,” said Maureen O'Mara, Special Agent-in-Charge of EPA’s criminal enforcement program in Atlanta. “Those who put the public health at risk will be vigorously prosecuted.”

Fillers faces up to five years in prison and a fine of up to $250,000 or twice the gross gain or loss to the victims. Today’s plea is related to the indictment of Watkins Street Project LLC, Mathis Companies Inc., Donald Fillers, James Mathis and David Wood. All of these defendants pleaded not guilty to related conspiracy, Clean Air Act, false statements and obstruction of justice charges on Sept. 14, 2009. Trial is currently set to begin on Nov.18, 2009, before Judge Collier.

Asbestos has been determined to cause lung cancer, asbestosis and mesothelioma, an invariably fatal disease. EPA has determined that there is no safe level of exposure to asbestos.

This case was investigated by EPA special agents and investigators with Chattanooga-Hamilton County Air Pollution Control Bureau. The case is being prosecuted by Assistant U.S. Attorney Matthew T. Morris and Todd W. Gleason, of the Justice Department’s Environmental Crimes Section.

09-1058

Environment and Natural Resources Division

Letalvis Cobbins found guilty in Christian - Newsom murders

Posted: Aug 25, 2009 6:50 AM EDT Updated: Aug 25, 2009 12:30 PM EDT
Letalvis Cobbins Letalvis Cobbins

KNOXVILLE (WATE) -- The jury has found Letalvis D. Cobbins guilty of the murders of Channon Christian and her boyfriend, Christopher Newsom, in 2007.

Cobbins faces the possibility of the death penalty because he was convicted of facilitation of first degree felony murder in 35 counts.

The jury found Cobbins not guilty of five counts including the murder of Newsom during his rape, the murder of Christian during Newsom's rape and three counts of aggravated rape of Newsom.

The jury will return Wednesday at 9:00 a.m. for the sentencing hearing.

The jurors worked about 10 hours Monday and on Tuesday morning before reaching a verdict. They never asked Judge Richard Baumgartner any questions during their deliberations.

About the jury and the charges

The jury is made up of six women and six men. Six are black, five are white and one is Asian.

The jurors had 18 counts of murder alone to consider in this case. They had to reach a verdict on each count. Click here to read the verdict forms.

The jury in this case is also the sentencing jury and it has the final say on the sentence.

If jurors couldn't agree on the death penalty sentence, they could discuss lesser sentences such as life without parole.

Families grateful for verdict

After the verdict was announced, Deena Christian said, "I'm very relieved and very grateful," adding "A guilty for one was a guilty for both."

Deena said she felt Channon and Chris "both got justice today." Before the first verdict was read, she said, "I don't even know if I was breathing."

She said despite her belief that the jury would find Cobbins guilty, "You never know what's in someone else's mind and heart."

Deena said no matter what sentence the jury gives Cobbins, "It won't make a difference to me." She added that the sentencing will be difficult.

"I feel sometimes that someone somewhere is holding me up because I couldn't do it on my own," Deena said.

About the crimes

The other suspects who are charged with murder in the case are: Lemaricus Duvall Davidson (Cobbins' half brother), George Giovanni Thomas and Vanessa Coleman, who was Cobbins' girlfriend.

Those three could also face the death penalty if they're convicted. They're being tried separately.
http://www.wate.com/Global/story.asp?s=10984873

Three Dead in Dyersburg Shooting

Incident Appears to be Murder-Suicide

Updated: Monday, 03 Aug 2009, 10:18 AM CDT
Published : Sunday, 02 Aug 2009, 10:09 PM CDT

• FOX13 Memphis

Dyersburg, Tenn. - Three people are dead in Dyersburg after a father accused of child abuse apparently shot and killed his daughter and one of her protective custodians, then turned the gun on himself.

According to Capt. Steve Isbell with Dyersburg Police, officers were called to the 800-block of Blake Cove just after 7:30pm Sunday.

46-year old Todd Randolph, his wife 45-year old Susan Randolph and a 15-year old girl were found with gunshot wounds. Todd Randolph and the teenage girl were pronounced dead at the scene. Susan Randolph was airlifted to The Med and was released Monday morning.

Investigators determined that the teen's father, 34-year old Christopher Milburn, approached the Randolph home and opened fire. Milburn was found dead about a block away with a self-inflicted gunshot wound.

Dyersburg Police and the Department of Children Services had launched an investigation into allegations of abuse last week involving Christopher Milburn and his 15 year old daughter. Department of Children Services had placed the 15 year old into the care of the Randolph family pending the outcome of the investigation.

http://www.myfoxmemphis.com/dpp/news/tennessee/080209_Three_Dead_in_Dyersburg_Shooting

Quotable quotes 070508

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Glossary of Legal Terms

Glossary of Legal Terms

A

acquit - To find a defendant not guilty in a criminal trial.

adjudication - A judgment or decree.

affidavit - A written or printed declaration or statement under oath.

affirm - The ruling of an appellate court that the judgment of a lower court is correct and should stand.

appeal - Review of a case by a higher court.

appellant - Party appealing a decision or judgment to a higher court.

appellee - The party against whom an appeal is filed.

arbitration - The hearing and settlement of a dispute between opposing parties by a third party whose decision the parties have agreed to accept.

arraignment - A court hearing in a criminal case where a defendant is advised of the charges and asked to plead guilty or not guilty. Most arraignments in Tennessee are held in General Sessions Court.

B

bail bond - An agreement by a third party to pay a certain sum of money if the defendant fails to appear in court.

bench trial - Trial held before judge sitting without a jury; jury waived trial.

bench warrant - Process issued by the court or “from the bench” for the attachment or arrest of a person.

binding over - The act by which a court or magistrate requires a person to enter into a recognizance or furnish bail to appear for trial, to keep the peace, to attend as a witness, etc. Also describes act of lower court in transferring case to higher court or to grand jury after a finding of probable cause to believe that defendant committed crime.

brief - A legal document, prepared by an attorney, which presents the law and facts supporting his or her client.

C

caseload - The number of cases a judge handles.

cause of action - A legal claim.

certiorari - A procedure for removing a case from a lower court to a higher court for review.

change of venue - Moving a case from one court, or location, to another.

civil law - All law that is not criminal law.

class - There are five classifications of felonies and three classifications of misdemeanors. With the exception of murder in the first degree, all felonies in the Revised Criminal Code, in the old Title 39 and in titles other than Title 39 are classified. Each felony has an A, B, C, D, or E classification. “A” is the most serious and “E” is the least serious. Each misdemeanor has either an A, B, or C classification with “A” being most serious and “C” being least serious. Murder in the first degree carries three possible penalties: life (with the possibility of parole), life without parole, and death.

code - A collection of laws promulgated by legislative authority.

common law - A system of jurisprudence based on precedent rather than statutory laws.

commutation - Change of punishment from a greater to a lesser degree or ending a sentence that has been partially served.

corpus delicti - The body or material substance upon which crime has been committed; e.g., the corpse of a murdered person or the charred remains of a burned house.

D

de novo - “Anew.” A trial de novo is a completely new trial.

declaratory judgment - A judgment declaring the rights of the parties on a question of law.

decree - Decision or order of the court. A final decree completes the suit; an interlocutory decree is provisional or preliminary.

default judgment - Under Rules of Civil Procedure, when a party against whom a judgment for affirmative relief is sought has failed to plead (i.e., answer) or otherwise defend, he is in default and a judgment by default may be entered either by the clerk or the court.

defendant - A person charged with a crime or a person against whom a civil action is brought.

deposition - Sworn testimony taken outside the courtroom according to the rules of the court.

discovery - A pretrial proceeding where a party to an action may be informed of the facts known by other parties or witnesses.

docket - Book containing entries of all proceedings in a court.

double jeopardy - Prohibition against more than one prosecution for the same crime.

due process - Constitutional guarantee that an accused person receives a fair and impartial trial.

E

en banc - “On the bench.” All judges of a court sitting together to hear a case.

et al. - Abbreviation of the Latin "et alter", meaning: “and others.”

ex parte - A proceeding brought for the benefit of one party only without notice to or challenge by an adverse party.

F

felony - A serious criminal offense for which the minimum sentence is one year.

G

grand jury - A panel of citizens sworn to inquire into crime and if appropriate bring accusations, or indictments, against the suspects.

guardian ad litem - A person appointed by a court to manage the interests of a minor or incompetent person whose property is involved in litigation.

H

habeas corpus - “Latin phrase meaing: You have the body.” A writ of habeas corpus requires that a person be brought before a judge. It is usually used to direct an official to produce a prisoner so the court may determine if liberty has been denied without due process.

I

indictment - Written accusation of a grand jury charging a crime.

injunction - Court orders prohibiting specific actions from being carried out.

interrogatories - Written questions which must be answered under oath.

J

judgment - Final determination by a court.

judgment document - Document that explains the sentence an offender receives from a trial court.

jurisprudence - The science of law.

L

limited jurisdiction - Courts limited in the types of criminal and civil cases they may hear.

litigant - Person or group engaged in a lawsuit.

M

misdemeanor - Criminal offense that is less than a felony and punishable by less than a year in jail.

mitigating circumstances - Do not justify or excuse an offense, but may be considered as reasons for reducing the degree of blame.

motion - Oral or written request before, during or after a trial on which a court issues a ruling or order.

moot - Unsettled or undecided.

N

negligence - The absence of ordinary care.

nolo contendere - Latin phrase meaning “I will not contest it”; a plea in a criminal case which has a similar legal effect as pleading guilty. A defendant may plead nolo contendere only with the consent of the court.

O

opinion, per curiam - Phrase used to distinguish an opinion of the whole court from an opinion written by only one judge.

P

parole - The conditional and revocable release of an inmate by the Board of Paroles to parole supervision.

peremptory challenge - Procedure for rejecting prospective jurors without a reason. Each side is permitted a limited number of peremptory challenges.

power of attorney - Document authorizing another to act as one’s agent or attorney in fact (not an attorney at law).

probable cause - Reasonable belief that a crime has been committed; the basis for all lawful searches.

probate - The legal process of establishing the validity of a will and settling an estate.

probation - A sentence of confinement which is suspended upon a term of probation supervision. It may include community service or restitution or both. Probation must automatically be considered if the defendant is eligible.

pro bono - Legal services provided without attorney fees.

pro se - Legal representation of oneself

pro tem - “Temporary.”

R

recess - A short interval during which court suspends business, but without adjourning.

remand - To send back.

S

sentence, concurrent - Two or more sentences which run at the same time.

sentence, consecutive - Two or more sentences which run one after another.

sentence, determinate - A sentence that states exactly the time to be served or money to be paid.

sequester a jury - To place members of a jury into 24 hour a day seclusion until a verdict is reached.

settlement conference - A meeting between parties of a lawsuit, their attorneys and a judge to attempt a resolution of the dispute without a trial.

statute - A law created by the Legislature.

stay - Halting a judicial proceeding by order of the court.

subpoena - A written legal notice requiring a person to appear in court and give testimony or produce documentary evidence.

subpoena duces tecum - “Under penalty you shall take it with you.” A process by which the court commands a witness to produce specific documents or records in a trial.

T

tort - An injury or wrong committed with or without force to the person or property of another giving rise to a claim for damages.

V

venue - The specific county, city or geographical area in which a court has jurisdiction.

voir dire - (pronounced “vwar-deer”) - “To speak the truth.” The process of preliminary examination of prospective jurors regarding their qualifications.

W

writ - A written court order directing a person to perform or refrain from performing a specific act.

writ of mandamus - An order issued by a court of superior jurisdiction commanding performance of a particular act by an inferior court or public official.

Cocke County DCS “Bad to the Bone”

Have you ever called a government agency for help only to be chuckled at and made fun of? Then chances are you have never had to contact the Cocke County Department of Children Services (DCS) located on Heritage Street in Newport, Tennessee.

Such was the case on Monday, July 6, when Renée Lynn, Editor-in-Chief of “The Knoxville Journal,” needed to discuss a dire situation with Kim Ramsey, a case worker at the Cocke County DCS. Mrs. Lynn tried numerous times to reach Ms. Ramsey or anyone in the department to no avail.

Finally, Mrs. Lynn got in touch with Ms. Ramsey to converse about a very serious issue concerning information relevant to two foster children under their jurisdiction. Apparently the information was ignored.

When asked very pertinent questions about the care of these children, Ms. Ramsey began laughing over the phone along with other employees. They just kept on laughing. Ms. Ramsey made no effort to correct her rude behavior with an apology. Mrs. Lynn then informed Ms. Ramsey that this was not a laughing matter, but was a grave set of circumstances. Again Mrs. Lynn was met with snickering.

It just so happened that Mrs. Lynn’s telephone was on speaker phone and at least one other person witnessed the outrageous behavior of Ms. Ramsey.

Mrs. Lynn commented, “It is a sad day when upstanding citizens are being subjected to such disrespect from government employees.”

This is not the first complaint lodged against the Cocke County DCS. This reporter knows of at least one other incident in which the Cocke County office has overstepped their bounds.

Ms. Vicki Hodge, supervisor of the Cocke County DCS did return a call to Mrs. Lynn on Tuesday, July 7, but did not apologize for the offensive conduct of her employees.

If you have any information about the Cocke County DCS you would like to share, please call Myra Wheeler at The Knoxville Journal at (865) 546-5353.

http://www.theknoxvillejournal.com/inside/pages/news/Cocke-County-DCS.html

I am sure they would be interested in all the stories in TN, give it a shot.