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Detroit judge sidelined for making sleepy teen wear jail clothes on court field trip
Attorney Opinions | 2024/08/12 13:56
A Detroit judge who ordered a teenager into jail clothes and handcuffs on a field trip to his courtroom will be off the bench while undergoing “necessary training,” the court’s chief judge said Thursday.

Meanwhile, the girl’s mother said Judge Kenneth King was a “big bully.”

“My daughter is hurt. She is feeling scared,” Latoreya Till told the Detroit Free Press.

She identified her daughter as Eva Goodman. The 15-year-old fell asleep in King’s court Tuesday while on a visit organized by a Detroit nonprofit.

King didn’t like it. But he said it was her attitude that led to the jail clothes, handcuffs and stern words.

“I wanted this to look and feel very real to her, even though there’s probably no real chance of me putting her in jail,” he explained to WXYZ-TV.

King has been temporarily removed from his criminal case docket and will undergo “necessary training to address the underlying issues that contributed to this incident,” said William McConico, the chief judge at 36th District Court.

The court “remains deeply committed to providing access to justice in an environment free from intimidation or disrespect. The actions of Judge King on August 13th do not reflect this commitment,” McConico said.

He said the State Court Administrative Office approved the step. King will continue to be paid. Details about the training, and how long it would last, were not disclosed.

King, who has been a judge since 2006, didn’t immediately return a phone message seeking comment. At the close of his Thursday hearings, accessible on YouTube, he made a heart shape with his hands. The judge’s work includes determining whether there’s enough evidence to send felony cases to trial at Wayne County Circuit Court.

Till said her daughter was sleepy during the Tuesday court visit because the family doesn’t have a permanent residence.

“And so, that particular night, we got in kind of late,” she told the Free Press, referring to Monday night. “And usually, when she goes to work, she’s up and planting trees or being active.”

The teen was seeing King’s court as part of a visit organized by The Greening of Detroit, an environmental group.


Russia indicts ICC prosecutor, judge who issued war crimes
Attorney Opinions | 2023/05/22 12:58
Russia on Sunday announced indictments in absentia for a judge and prosecutor of the International Criminal Court who issued a war crimes warrant for President Vladimir Putin.

A statement from the national Investigative Committee said the judge, Rosario Salvatore Aitala, and prosecutor Khan Karim Asad Ahmad are both charged with “preparing to attack a representative of a foreign country enjoying international protection in order to complicate international relations.”

Each also faces other charges. Conviction could bring prison terms of up to 12 years. The committee also said other ICC officials are being investigated.

The March warrant against Putin accuses him of personal responsibility for the abductions of children from Ukraine. The court also charged Maria Lvova-Belova, the Russian presidential commissioner for children’s rights.

It was the first time the global court has issued a warrant against a leader of one of the five permanent members of the U.N. Security Council.


Supreme Court skeptical of man who offered adult adoptions
Attorney Opinions | 2023/03/28 14:38
The Supreme Court seemed inclined Monday to rule against a man convicted of violating immigration law for offering adult adoptions he falsely claimed would lead to citizenship.

Attorneys for Helaman Hansen told the justices during approximately 90 minutes of arguments that the law he was convicted of violating was too broad. But the court’s conservative majority in particular seemed willing to side with the government and conclude that it is not.

Justice Neil Gorsuch noted that the law “has been on the books for 70 years” without some of the issues Hansen’s lawyers worried about. He also expressed no sympathy for Hansen himself, who he said was “taking advantage of very vulnerable people.”

“He had every intent in the world to keep these people here to take their money with no prospect they’d ever” actually get citizenship, Gorsuch said.

The case involves a section of federal immigration law that says a person such as Hansen who “encourages or induces” a non-citizen to come to or remain in the United States illegally can be punished by up to five years in prison. That’s increased to up to 10 years if the person doing the encouraging is doing so for their own financial gain.

The federal government says that from 2012 to 2016 Hansen — who lived in Elk Grove, California, near Sacramento — deceived hundreds of non-citizens into believing that he could guarantee them a path to citizenship through adult adoption.

Based on Hansen’s promises, officials say, people either came to or stayed in the United States in violation of the law, even though Hansen knew that the adult adoptions he was arranging would not lead to citizenship. The government says at least 471 people paid him between $550 and $10,000 and that in total he collected more than $1.8 million.

Hansen was ultimately convicted of encouragement charges as well as fraud charges. He was sentenced to 10 years in prison for the encouragement charges and another 20 years on the fraud charges. But a federal appeals court ruled that the law on encouragement is overbroad and violates the free speech clause of the First Amendment and overturned just those convictions.

The court’s three liberal justices seemed more concerned about the reach of the law. Justice Elena Kagan asked “what happens to all the cases” where a lawyer, doctor, neighbor, friend or teacher “says to a non-citizen: ‘I really think you should stay.’” Kagan wanted to know whether those people could or would be prosecuted under the law.


Indiana Democrats pin legislative gains on abortion debate
Attorney Opinions | 2022/11/03 13:45
Even before Republican legislators this summer made Indiana the first state to pass an abortion ban since the U.S. Supreme Court overturned Roe v. Wade, Democrats started urging angry voters to take their revenge at the ballot box.

Indiana Democrats haven’t let up on that push in the final days of this year’s elections, although a limited number of competitive races on the Nov. 8 ballot for the currently Republican-dominated Legislature leave them with slim chances of being able to do much about abortion access that is also being debated during campaigns across the country.

Indiana Republicans, meanwhile, argue that voters are more worried about other issues such as inflation and crime — concerns widely believed to favor the GOP.

Democratic candidate Joey Mayer said the abortion ban has remained a top issue as she’s talked with voters in a northern Indianapolis suburban district where she’s challenging a four-term Republican House member who voted in favor of the ban when it passed in August.


Arizonan sentenced for Vegas-based scheme targeting migrants
Attorney Opinions | 2022/09/23 12:03
An Arizona man who convinced recent immigrants from mainly Asian countries to pay him thousands of dollars each to help them gain U.S. citizenship has been sentenced to nearly six years in prison by a federal judge in Las Vegas, authorities announced.

Court documents show Douglas Lee Thayer, 70, of Mohave Valley collected payments of between $7,000 and $20,000 from at least 160 recent immigrants by promising them the company he ran would find a family to adopt them as adults. He told the victims he would then get them new birth certificates and other documents that would let them gain U.S. citizenship.

A federal jury in Las Vegas convicted Thayer of two criminal counts of mail fraud on April. 18, and he was sentenced on Friday. He is set to surrender to start his sentence next month.

According to the indictment and a sentencing memorandum from federal prosecutors, Thayer ran a Las Vegas-based business called U.S. Adult Adoption Services. After the Justice Department announced in 2016 that it had shut down a similar scheme in Sacramento, California, Thayer offered refunds to the Asian and Hispanic immigrants.

He had charged more than $1 million in fees, but the refunds were only a fraction of what he collected, and prosecutors said he netted more than $850,000.

The owner of the Sacramento business was later sentenced to 20 years in prison.

Prosecutors said Thayer’s victims were particularly vulnerable because they mostly were recent immigrants who spoke little English and knew little if anything about immigration law. The government does not provide an easier path to citizenship for immigrants who are adopted as adults by Americans.

“This prison sentence should serve as a warning that taking advantage of vulnerable victims, regardless of citizenship status, will be investigated and prosecuted,” U.S. Attorney for Nevada Jason Frierson said in a statement.

In pushing for a harsh sentence, Assistant U.S. Attorney Simon Kung said in his sentencing memo to U.S. District Judge Gloria M. Navarro that Thayer “has spent his entire life committing crimes,” included armed robbery, attempted murder and rape, narcotics and the latest, fraud.

“Despite spending more than 20 years in prison prior to the instant offense, he has not been deterred from crime,” Kung wrote.


Bankruptcy proceedings can have long-term benefits
Attorney Opinions | 2021/07/22 11:23
Chicago Bankruptcy Law Firm Covers Bankruptcy in the Wake of COVID-19

The COVID-19 pandemic has damaged the economy, leaving many families and business owners worried about how they will pay for even the most basic expenses. In the midst of this crisis, you might be considering filing for bankruptcy or wondering how COVID-19 will affect an existing bankruptcy filing.

No matter your situation, the Chicago Bankruptcy Law Firm of Daniel J. Winter is here to help give you the answers and assistance that you need. We are more than happy to explain to anyone in financial distress exactly what their options are.

What Is Bankruptcy?

Bankruptcy is a Federal system of laws, rules, and procedures designed to help legal residents of the U.S. deal with their debts, which, for whatever reason, individuals or businesses cannot pay as they are due. The most common types of Bankruptcy are for people (called Consumer Bankruptcies).

Two major types of Consumer Bankruptcy are Chapter 7 (liquidation or debt elimination), Chapter 13 (wage-earner reorganization for individuals or people running unincorporated businesses).

Chapter 11 is a type of Corporate Bankruptcy (reorganization for businesses and certain individuals with extremely large amounts of debt). Chapter number refers to the section of the Bankruptcy law, called the Bankruptcy Code (which is in Title 11 of the U.S. Code).

Bankruptcy cases almost exclusively fall under federal law, though states may pass laws governing issues that federal law doesn’t address. Special bankruptcy courts nationwide handle only debtor-creditor cases. Generally, any bankruptcy-related claim must be filed with the U.S. Bankruptcy Court.


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