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When California’s Sixth Appellate District set aside Augustin Uribe’s child molestation conviction last year due to prosecutorial misconduct, the legal community took note of Santa Clara County prosecutors’ unscrupulous tactics. Uribe’s case was one of the 159 in which California courts “set aside convictions or sentences, declared mistrials, or barred evidence” as a result of prosecutorial misconduct, according to a Northern California Innocence Project report. Now the Sixth Appellate District says it erred in dismissing the information, and has ordered a new trial against Uribe....

A recent employment discrimination lawsuit filed against Cal Fire alleges that a gay male firefighter was told to stop flaunting his sexuality, was shunned, and even told his “kind” were not welcome. While these allegations may seem rather wild, the case is also filed against Division Chief John Paul Melendrez, who has a reputation for being “psychotic,” “tyrannical,” and “yelling for effect.” Melendrez was also the subject of an official investigation while leading the Owens Valley camp, where an investigator found that “The environment is so bad at Owens Valley camp it is beginning to affect people physically....

For many parents and children, ear piercings are a rite of passage. And parents have a few options when it comes to piercing their children’s ears. Some pediatricians will offer to do it, professional tattoo and piercing parlors are perhaps the most experienced option, and then there are the jewelry stores in the mall. Then again, there are home piercing kits or even a sterilized needle in the kitchen or bathroom....

Have you ever been afraid that one of your clients is going to go all Jason Bourne on you and try to kill you with a ball point pen? Maybe you should. No, this is not another ridiculous law school hypothetical. Though, try to IRAC this case: one of your clients has tried - and succeeded - in stabbing you in the neck with the pencil. What result? Issue: Your client has stabbed you in the neck with a pencil....

Thirty-five year old associate Adam L. Maynard specialized in labor and employment law at his firm, Dinsmore & Shohl. Maynard passed away in his home in West Virginia last month, leaving behind his three-year old son and wife. His tragic death has sparked some speculation. Some wondered whether or not overworking played a role. Above the Law received tips from Maynard’s friends and anonymous individuals familiar with the firm. He was billing around 20 hours a day....

In California Sch. Employees Ass’n v. Torrance Unified Sch. Dist., No. B212470, the Second District addressed plaintiffs’ claim that the school district failed to pay their regular wages in violation of Education Code section 45203. In affirming the Superior Court’s denial of plaintiffs’ petition for a writ of mandate, the court held that, under the plain meaning of the statute, classified employees who did not work on staff development student free days were not entitled to be paid for regular wages for such days....

Jack was great at law school, but struggled in law practice. A top law school, law review, and honors didn’t seem to matter. There was a big disconnect between law school and law life. He had to face it: excellence in law school doesn’t equal law practice success. What he didn’t know is, it happens all the time. Life Is Too Short Jack – not his real name – had a happy ending to his story because he found success outside the law....

Most people use Facebook to share cherished memories with friends or family. Users upload pictures from their children’s birthday parties, and friend’s graudations. Last year, Knight, 19, broke into the house of Marc Fisher, a writer for The Washington Post and father of the victim, who later blogged about the incident. Knight stole a laptop, an iPod, savings bonds, and about $400 in cash. Knight likely felt like he needed to share his exploits with the world - so he took a picture himself using the stolen laptop....

Having sex with a dog is animal cruelty. Keep that in mind, Eugene Hickman. Hickman, 54, was reported to authorities after his grandson saw that he was naked and trying to have sex with the family dog, a 3-year-old female bulldog. Seriously? So, not only was Hickman abusing an animal, but he inflicted his poor grandson with images that will likely haunt him for a good, long while. Hickman was arrested and charged with a count of animal cruelty, which is a third-degree felony....

The street artist Banksy has generated much brouhaha in the two decades that he’s been painting the world’s walls and replacing museum classics with his own fakes. He has inspired outrage, copy cats, and court cases that challenge traditional notions of property. But as his reputation has grown, the undercover artist increasingly finds himself in the ironic position of being at the center of ownership rights fights. Banksy’s works usually appear overnight in places visible to the public – often owned by private individuals – and the owners want to keep the graffiti....

In plaintiffs’ action against defendants for breach of contract, intentional tort, and fraud, arising from sale of plaintiffs’ restaurant business to the defendants, trial court’s decision following a one-day bench trial is reversed and remanded where: 1) plaintiffs adequately stated claims in quasi-contract and tort; and 2) an unqualified reversal is appropriate as plaintiffs are entitled to a determination of all causes of action. Read Hernandez v. Lopez, No. G040956 [HTML]...

Hornback v. US, No. 09-1543 the Federal Circuit faced a challenge to the district court’s dismissal of plaintiff’s suit seeking compensation for the government’s use of his invention, titled “Real Time Boresight Error Slope Sensor.” As stated in the decision: “Section 183 provides for damages to be paid to patent holders in two situations: when the government wrongfully uses the patented device during the period of secrecy, and when the secrecy order itself causes damages....

Iran isn’t too happy with Google right now. The nation is threatening to sue the Internet giant because it failed to include the name “Persian Gulf” in its maps. “Omitting the name Persian Gulf is (like) playing with the feelings and realities of the Iranian nation,” Ramin Mehmanparast said. Mehmanparast is a spokesman for the Iranian Foreign Ministry. He said Google has been “treated as a plaything,” CNN reports. Iranian officials accuse Google of intentionally removing the word “Persian Gulf....

“Freeze, it’s a stick up!” In this case, the 58-year-old store owner, Jugal Uppal grabbed a small hammer to defend himself against the big stick, WRC-TV reports. The robber was able to escape with some cash, as well as his precious stick, NBC Washington reports. Visit msnbc.com for breaking news, world news, and news about the economy So what happens if you walk into a market with a stick taller than you are and demand cash?...

A life sentence was the last thing Lindy Lou Layman was thinking when she destroyed valuable artwork at her date’s house. Actually, Layman wasn’t thinking much at all when she trashed attorney Anthony Buzbee’s collection in a kind-of drunken clearance sale. She was charged with felony criminal mischief, and a judge released her on $30,000 bond. The estimated value of the artwork went up a lot since then, however, and now Layman is looking at a possible life sentence?...

Pennsylvania man Anthony James “Jinx” Law, 26, did something completely unbefitting of his last name: he committed a crime. And ironically, he did so while dressed up in a black-and-white Halloween jail costume. Maybe he knew exactly where he was going to end up that night, and decided to preemptively dress the part. Cops were sent over to investigate an abandoned vehicle late Halloween night. When they arrived, Law started to run from well, the law....

Ruth Bader Ginsburg, the oldest Justice on the Supreme Court, will turn 83 next March. Antonin Scalia, her BFF, will hit 80 just four days before. (They’re both Pisces!) If they were practicing in many Big Law firms, both would have faced mandatory retirement policies years before. Sorry, Ruth and Nino. When it comes to many firms, 65 is too old to practice. When it comes to aging attorneys, many commentators focus on the perceived competency of retirement-aged lawyers....

A “Tebow-mania” lawsuit is headed for the courts. Nike Inc. claims rival Reebok International Ltd. wrongfully used Tim Tebow’s name on newly minted New York Jets apparel, in violation of Nike’s licensing deal. Nike filed its Tebow-mania lawsuit in New York federal court, after Reebok began marketing a green New York Jets T-shirt emblazoned with Tebow’s name and jersey number, Reuters reports. Tebow, formerly the Denver Broncos’ quarterback, signed with the Jets on March 21....

The fashion police in Catawissa Township apparently don’t appreciate a nice pair of pajama bottoms like the rest of us. Or at least the judges in the Columbia County District Court don’t. Magisterial District Judge Craig Long posted a sign in the lobby outside his courtroom, reading, “PAJAMAS ARE NOT APPROPRIATE ATTIRE FOR DISTRICT COURT.” Well excuse us, Mr. Justice of the Chic, we didn’t expect to take fashion advice from someone who put on a robe to come to work today....

Defendant’s conviction for assault with intent to commit rape and related crimes is affirmed where the stationing of a courtroom deputy next to a testifying defendant is not an inherently prejudicial practice that must be justified by a showing of manifest need. Read People v. Stevens, No. S158852 [PDF] Read People v. Stevens, No. S158852 [HTML] Appellate InformationAppeal from Alameda County Super. Ct. No. C148565 Filed November 5, 2009 JudgesBefore: George, C....