It's (Barely) Legal (Glen Ashman's Blog)

A Look at the Law from a Georgia Judge and lawyer

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About Glen Ashman
Glen (GEAATL)Glen Ashman has been a Georgia Municipal Court Judge since 1988 and an attorney since 1980, practicing in the Atlanta area in a practice focused on divorce, adoption, bankruptcy, wills, and personal injury.  He is the author of the Georgia Municipal Judges Benchbook, used by judges across the state.  He is a long-time participant in the online world, hosting some of the longest lived forums on Delphi Forums. His Personal Law and Southern States forums date to the mid 1990s.  He also hosts the Medical Forum, Weight Watchers Forum, Atlantic States and What's Happening on Delphi and is a former member of DelphiForums staff.  His Ask a Lawyer for Free is one of the oldest legal help resources on the internet.  He is a cum laude graduate of Mercer Law School, where he was on the Law Review and holds a B.A. from Emory University.  His interests range from the law to politics, from cooking to sports, from science fiction to computers, and from music to travel.  For more information on Mr. Ashman's law office go to http://www.glenashman.com .


 
 
About this Blog

Somewhere around 1980-1981 Glen Ashman first discovered the online world with local bulletin boards.  In the years ahead, he found GEnie, Delphi and NVN, as many bulletin board members discovered forums online.  By 1994, he was actively hosting online forums at Delphi Forums and NVN, the former of which were some of the internet's early online forums.   Links to some of his current forums appear in the Links section in this Blog.

Within a couple years the author had various web pages as well.   The current one is at www.glenashman.com .

Along came a new concept as we entered this century - blogs.  A blog is an interesting cross between web pages and web forums.  This one is a work in progress, as all new things are.  But there is a common theme back to 1980 that lives in this blog - communication, education, community, discussion, learning and growth online. 

This blog shares a mission that Glen's other websites do - education and help: letting the average person access legal services at a reasonable cost, learning how to do some of the needed legwork when one has a problem and learning more about the law as well as the world around us.

If you want to contact the author, email him at geaatl@msn.com .   He welcomes your comments and thoughts.   Or visit his website at http://www.glenashman.com .    His Delphi forums are accessible from the links section of this blog, and you're invited to visit Personal LawSouthern States, Weight Watchers Forum, Delphi Medical Forum  and Atlantic States .


Disclaimer and Legal Fine Print: 

Lawyers have to have disclaimers. Here's the one for this Blog. The contents of this page Copyright 2006-2007 by Glen Ashman.  All Rights Reserved.   External links on this page are supplied for your use and convenience but are serviced and provided by third parties, so we cannot be responsible for their accuracy and content. Trademarks used on this site belong to the respective trademark holders.   The information herein is not legal advice and unless you later retain him by written contract, Glen Ashman is not your lawyer.  If you have a legal problem, you need to hire a lawyer in your state rather than rely on online information.

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1/23/10 8:26 PM

Is Kennedy on your side?

5-4 split is the rule in high court's big cases

AP – Sat Jan 23, 10:37 am ET  

WASHINGTON - It comes down to this at the Supreme Court: If you've got Justice Anthony Kennedy on your side, you can pretty much do what you want. Without him, you're the author of an angry dissent. Thursday's decision to strike down restrictions on corporate campaign spending more than 60 years old was the third time in nine days that the court divided 5-4, with liberals on one side and conservatives on the other. The other cases involved an appeal from a death row inmate in Georgia and the prospect of broadcasting a gay marriage trial in California.  As in dozens of earlier cases, Kennedy was in the majority each time. He was the author of the campaign finance decision.  The rulings demonstrate the extent to which ideology — not fidelity to precedent or a particular interpretation of the Constitution — is the driving force on the court...

 
1/19/10 10:25 AM

Obama Scorecard

Rule Reversal

National Law Journal

Candidate Barack Obama promised to patch up the regulatory state. Twelve months into his presidency, he's lived up to his promise at some agencies and not made much progress at others. A look at the enforcers of environmental, securities, food and drug, employment, antitrust and telecom rules.

 
1/8/10 8:08 AM

Bending Truth Can Break Legal Career

Bending Truth Can Break Legal Career


The Connecticut Law Tribune
January 08, 2010
 
...Consider the case of Mark Villeneuve, a Connecticut-licensed lawyer who lives in Augusta, Maine. His professional standing is under attack because Connecticut grievance officials believe he lied multiple times when he e-mailed his resume and application for a staff attorney position to the state Workers' Compensation Commission.  Villeneuve did far more than embellish a job title or try to cover up a period of unemployment. He claimed to have graduated cum laude from Western New England College School of Law in 2004 and to have served as the law review's assistant note editor. Yes, he was a WNEC grad. But he was neither cum laude nor a law review editor.  Villeneuve also stated that he was employed at the Law Offices of Jean Smith in Meriden, Conn., a firm that Villeneuve said handled all types of workers' comp matters. Turns out that no such firm exists. State officials say the inconsistencies on the job application were revealed after Villeneuve had interviewed in person for the Workers' Compensation Commission position. But Villeneuve is claiming that he never applied for the job and never appeared for that interview in February 2008; he says someone must have stolen his identity and pretended to be him.
 
 
1/7/10 8:52 PM

Ex-Bush Atty. Charged w/Attempted Murder

Former Bush Lawyer Charged With Attempted Murder

National Law Journal

The Associated Press is reporting today that a onetime top official in both Bush presidencies is accused of trying to kill his wife at their Connecticut home. The lawyer, John Michael Farren, was once considered a rising Republican star in Washington.

 

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Former Bush counsel charged in Conn. with trying to kill wife after she sought ...

Los Angeles Times 
NEW HAVEN, Conn. (AP) — An attorney who worked in both Bush administrations was charged Thursday with trying to kill his wife by beating her with a flashlight and choking her two days after she delivered divorce papers.
 
1/4/10 1:16 AM

Fill 'er up

Bad moves thwart Washington truck heist

AP – Tue Dec 29, 10:31 pm ET  

RENTON, Wash. - Truck theft diary: — Take silver 1985 Chevy truck from City Transfer yard in Sumner, Wash., early Monday morning. Helpfully fill it with unleaded gasoline. Fail to notice it requires diesel.

 
12/24/09 7:28 PM

Yes, Virginia, There is a Santa Claus

This is the annual Christmas message I have posted in each of my forums since 1996.

Yes, Virginia, There is a Santa Claus

[Francis P. Church's editorial, "Yes Virginia, There is a Santa Claus" was an immediate sensation, and became one of the most famous editorials ever written. It first appeared in the The New York Sun in 1897, almost a hundred years ago, and was reprinted annually until 1949 when the paper went out of business.]

Editorial Page, New York Sun, 1897

We take pleasure in answering thus prominently the communication below, expressing at the same time our great gratification that its faithful author is numbered among the friends of The Sun:

I am 8 years old. Some of my little friends say there is no Santa Claus. Papa says, "If you see it in The Sun, it's so." Please tell me the truth, is there a Santa Claus? Virginia O'Hanlon

Virginia, your little friends are wrong. They have been affected by the skepticism of a sceptical age. They do not believe except they see. They think that nothing can be which is not comprehensible by their little minds. All minds, Virginia, whether they be men's or children's, are little. In this great universe of ours, man is a mere insect, an ant, in his intellect as compared with the boundless world about him, as measured by the intelligence capable of grasping the whole of truth and knowledge.

Yes, Virginia, there is a Santa Claus.

He exists as certainly as love and generosity and devotion exist, and you know that they abound and give to your life its highest beauty and joy. Alas! how dreary would be the world if there were no Santa Claus! It would be as dreary as if there were no Virginias. There would be no childlike faith then, no poetry, no romance to make tolerable this existence. We should have no enjoyment, except in sense and sight. The external light with which childhood fills the world would be extinguished.

Not believe in Santa Claus! You might as well not believe in fairies. You might get your papa to hire men to watch in all the chimneys on Christmas eve to catch Santa Claus, but even if you did not see Santa Claus coming down, what would that prove? Nobody sees Santa Claus, but that is no sign that there is no Santa Claus. The most real things in the world are those that neither children nor men can see. Did you ever see fairies dancing on the lawn? Of course not, but that's no proof that they are not there. Nobody can conceive or imagine all the wonders there are unseen and unseeable in the world.

You tear apart the baby's rattle and see what makes the noise inside, but there is a veil covering the unseen world which not the strongest man, nor even the united strength of all the strongest men that ever lived could tear apart. Only faith, poetry, love, romance, can push aside that curtain and view and picture the supernal beauty and glory beyond. Is it all real? Ah, Virginia, in all this world there is nothing else real and abiding.

No Santa Claus?Thank God he lives and lives forever. A thousand years from now, Virginia, nay 10 times 10,000 years from now, he will continue to make glad the heart of childhood.

Merry Christmas and a Happy New Year!!!!

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Every year since 1996 I have shared the Christmas story online with my friends.  It is a story that no matter how often we hear it, remains as wonderful as when Luke first wrote it:

     And it came to pass in those days, that there went out a decree from Caesar Augustus that all the world should be taxed...

    And all went to be taxed, every one into his own city.

    And Joseph also went up from Galilee, out of the city of Nazareth, into Judea, unto the city of David, which is called Bethlehem; (because he was of the house and lineage of David:)

    To be taxed with Mary his espoused wife, being great with child.

    And so it was, that, while they were there, the days were accomplished that she should be delivered.

    And she brought forth her firstborn son, and wrapped him in swaddling clothes, and laid him in a manger; because there was no room for them in the inn.

    And there were in the same country shepherds abiding in the field, keeping watch over their flock by night.

    And, lo, the angel of the Lord came upon them, and the glory of the Lord shone round about them: and they were sore afraid.

    And the angel said unto them, Fear not: for, behold, I bring you good tidings of great joy, which shall be to all people.

    For unto you is born this day in the city of David a Savior, which is Christ the Lord.

    And this shall be a sign unto you; Ye shall find the babe wrapped in swaddling clothes, lying in a manger.

    And suddenly there was with the angel a multitude of the heavenly host praising God and saying,

    Glory to God in the highest, and on earth peace, good will toward men.

    And it came to pass, as the angels were gone away from them into heaven, the shepherds said one to another, Let us now go even unto Bethlehem, and see this thing which is come to pass, which the Lord hath made known unto us.

    And they came with haste, and found Mary, and Joseph, and the babe lying in a manger.

    And when they had seen it, they made known abroad the saying which was told them concerning this child.

[St. Luke, Chapter 2, verses 1-17. King James Version - public domain and not copyrighted]


 

 
12/19/09 11:33 PM

Merry Christmas - Here's Your Divorce

Happy Christmas honey - here's a divorce voucher

Reuters – Thu Dec 17, 3:11 pm ET  

LONDON (Reuters) - Stuck for Christmas gift ideas? Is your marriage or a friend's going through a rocky patch? How about a divorce voucher?  In an unusual take on the season of giving, a London law firm is offering Christmas gift vouchers for divorce advice. The firm, Lloyd Platt & Company, which normally charges 325 pounds ($530) an hour, said it had been swamped with enquiries since it launched the vouchers early last week. So far, more than 60 have been sold -- a snip at 125 pounds for a half hour session with a divorce lawyer.

 
12/12/09 8:56 AM

98 yr old murders 100 yr old roommate

Mass. woman, 98, accused of killing roommate, 100

AP – Fri Dec 11, 7:19 pm ET
NEW BEDFORD, Mass. - A 98-year-old woman was indicted Friday on a second-degree murder charge that alleges she strangled her 100-year-old nursing home roommate after making the victim's life "a living hell" because she thought the woman was "taking over the room."  Laura Lundquist was sent to a state mental hospital for a competency evaluation before her arraignment... She is believed to be the oldest murder defendant in state history, but might never go to trial because of her mental health issues.  Her roommate at the Brandon Woods nursing home in Dartmouth, Elizabeth Barrow, was found dead in her bed Sept. 24 with a plastic bag tied around her head
 
12/11/09 9:09 PM

Judges,lawyers must unfriend on Facebook

Judges, lawyers must 'unfriend' on Facebook

ST. PETERSBURG, Fla. (AP) – Florida's judges and lawyers should no longer "friend" each other on Facebook, the popular social networking site, according to a ruling from the state's Judicial Ethics Advisory Committee.  At least one South Florida judge warned her pals with a Facebook status update that they could be "unfriended," and the ruling has prompted others to do the same. The committee ruled Nov. 17 that online "friendships" could create the impression that lawyers are in a special position to influence their judge friends.  The committee did conclude that a judge can post comments on another judge's site and that during judicial elections, a judge's campaign can have "fans" that include lawyers. And the ruling doesn't single out Facebook...Although only the Florida Supreme Court can actually mandate what judges can do, most will likely follow the ruling out of an abundance of caution

=========================================

The Florida panel is just plain wrong on this one.

From the NY Times:

Stephen Gillers, a legal ethics expert at New York University, said the Florida rule went too far. “In my view, they are being hypersensitive,” Professor Gillers said. He noted that the differences within the committee probably indicated a generational gap, which Judge Jones said was not the case. In the case of a truly close friendship between a judge and a lawyer involved in a case, the other side can simply seek to disqualify the judge, Professor Gillers said. Judges do not “drop out of society when they become judges,” he said. “The people who were their friends before they went on the bench remained their friends, and many of them were lawyers.”

http://www.nytimes.com/2009/12/11/us/11judges.html

 
12/9/09 12:07 AM

Makeup hides neoNazi's swastika in court

Makeup hides neoNazi's swastika in court

Reuters – Tue Dec 8, 2:03 pm ET  

ST. PETERSBURG, Florida (Reuters) - A neo-Nazi gang member went on trial for murder on Monday with his swastika and other tattoos covered by makeup on the order of a Florida judge who thought they could prejudice jurors...John.. Ditullio, 23, is charged with stabbing to death 17-year-old Kristofer King in 2006.

 

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