Afleveringen
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(WATCH THIS EPISODE ON YOUTUBE) Being a lawyer is a stressful job, and we all handle the anxiety of this high-pressure field in different ways. Some enjoy pilates, others indulge in junk food, a few find relief at the bottom of a liquor bottle. But in 2023, one lawyer's preferred method of "blowing off steam" made headlines. It read: "BREAKING: LAWYER SUSPENDED FOR POOPING IN A PRINGLES CAN AND THRO-"
Listen at your own risk to find out the rest. Reb washes her hands and unpacks Ohio Bar v. Blakeslee (2023).
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***
0:00 - Intro
0:45 - Brief background on State Bars and the moral character application
6:57 - Headline / Case starts / James (Jack) Blakeslee
11:27 - His “Pringles Prank” defense
14:07 - Ethics case against Blakeslee
16:25 - Reb’s several concerns
24:20 - Ohio Supreme Court Opinion - Ohio Bar v. Blakeslee (2023)
32:40 - Discipline and 2024 Update
34:50 - Reb’s Rebuttal
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(WATCH THIS EPISODE ON YOUTUBE) On December 31, 1918, Colonel Luke Lea of the 114th Field Artillery Regiment handed his commanding officer a request for leave from his post in Allied-occupied Luxembourg. He would not say where he was going or what he intended to do, though he assured the general he had nothing to worry about. General Spaulding called it the "strangest request for leave he had ever read," but approved it anyway. After all, Luke Lea was not just an excellent officer, he was also a successful lawyer, newspaper publisher, and one-term senator from Tennessee. How much trouble could he possibly get into.....
Grab a baseball and an ashtray (trust me). Reb is breaking down State v. Wallace B. Davis, Luke Lea, & Luke Lea, Jr. (1932), but more importantly, all of the unbelievable chaos that happened before it.
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***
0:00 - Intro w/ Executive Producer Simba
2:59 - CASE STARTS / LET’S GO BACK TO WWI
4:00 - Colonel Luke Lea needs a vacation to be a nuisance
6:00 - Tennesseans only
6:59 - We’re kidnapping whomst?
7:46 - What’s the Kaiser been up to these days?
11:40 - COLONEL LUKE LEA’S *MESSY* LORE
12:41 - Bloody Tennessee political drama
16:07 - Luke’s newspaper is now TMZ
19:12 - A good ol’ fashioned duel in the street
20:32 - Luke is messy and reaps the benefits
22:30 - REB’S SUMMARY OF ALL THAT CHAOTIC BEEF & LUKE LEA LORE
24:20 - The U.S. declares war, Luke joins the Army
24:50 - What was the plan here, babes?
27:23 - It’s Armistice Time! No need to ~arm~ the stice!
28:07 - Colonel Lea takes a vacation to….somewhere….
29:05 - ONLY Tennesseans allowed on my poorly planned kidnapping mission
30:00 - SUDDENLY I’M PATRIOTIC / LARRY MACPHAIL BASEBALL LEGEND
34:32 - KIDNAPPING ROAD TRIP IN A CADILLAC
42:05 - The border is crossed, shenanigans ensue
56:32 - #AshtrayGate
57:45 - PUNISHMENT….?
1:06:57 - I think Luke is a weirdo / Luke dabbles in felonies back home in the States
1:11:59 - What happened to Kaiser Wilhelm II, his cool ashtray, and the MLB guy who stole it?
1:12:58 - REB’S REBUTTAL
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Zijn er afleveringen die ontbreken?
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(WATCH THIS EPISODE ON YOUTUBE) In America, unaccompanied children are forced to represent themselves in immigration court. That's right. Children as young as infants to teenagers. Each year, thousands of immigrant children are placed into court proceedings in which government prosecutors seek to deport them unless those children can prove they have a right to stay in the United States. While the U.S. government may provide pillows and booster seats for children who are too small for the chairs in immigration court, the government does NOT have to give them an attorney to protect their rights.
In this episode, Reb tells these children's stories and interviews attorneys Amanda Doroshow and Lauren Esterle with the Acacia Center for Justice who have firsthand experience advocating for these children both inside the courtroom and beyond.
LINKS TO RESOURCES AND FELLOWSHIP OPPORTUNITIES:
https://acaciajustice.org/
https://acaciajustice.org/careers/students/
https://justicecorps.org/justice-fellowship/
Thank you to the Acacia Center for Justice, Amanda Doroshow, and Lauren Esterle for making this episode a reality. Your presence, advocacy, and brilliance is second to none.
0:00 - Intro
1:50 - Guillermo's Story
5:23 - The Law - Unaccompanied children in U.S. immigration court
7:51 - What rights do unaccompanied children have?
9:25 - Why lawyers are CRUCIAL
14:00 - Legally, what is an "unaccompanied child"?
16:25 - Recent cases on this issue - What do the courts say?
21:48 - Treatment of children in Juvenile Court v. Immigration Court
27:05 - Current policies are disconnected from common sense
29:05 - Reb speaks with attorney Amanda Doroshow from the Acacia Center for Justice
51:20 - Reb speaks with attorney Lauren Esterle with the Acacia Center for Justice
1:18:15 - Reb's Rebuttal
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(WATCH THIS EPISODE ON YOUTUBE) In 500 BC, corrupt judges were treated a little differently than the ones we have today. The punishments have changed, but one question remains the same: What do we do when judges can't stop taking bribes?
Hold onto your birthday suit, Reb is slicing open The Judgment of Cambyses (~530 BC).
(Side note: A 30-MINUTE EPISODE CAN YOU BELIEVE IT?!)
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***
00:00 - Intro
00:50 - The Cursed Envelope Case
02:38 - Judge Sisamnes gets flayed
11:22 - Impartiality is important...
12:37 - ...but Supreme Court Justices play dirty (gasp)
15:58 - Justice Thomas
18:29 - Justice Gorsuch
19:35 - Recusal reform please
21:31 - Justice Alito
22:28 - Don't get it twisted
23:43 - Justice Alito
25:02 - Justice Sotomayor
26:12 - A CODE OF CONDUCT THAT WORKS WOULD BE COOL
29:53 - Reb's Rebuttal
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(WATCH THIS EPISODE ON YOUTUBE) A paid informant who should've been fired, a police officer who LOVES a good eraser, and a dad who can't stop bragging about his poor sons.
Grab a bag of baking soda and a large Coke and hear Reb snitch on Albright v. Oliver (1994).
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***
0:00 - Intro
2:26 - Legal mumbo jumbo you should know before we begin
9:00 - Reb's rant on wrongful arrests
13:31 - Why do malicious prosecution cases rarely succeed?
15:22 - Albright v. Oliver (1994)
19:59 - The worst informant draft pick of all time
21:26 - The old man from Up beats the allegations
24:58 - Every son under the bus
29:12 - Shut your mouth (pt. 45457493589295) + Albright's lawsuit
33:09 - The Court of Appeal agrees it was a huge bummer at least
39:05 - SCOTUS opinion
41:10 - Albright v. Oliver and malicious prosecution = a whole mess
43:30 - Reb's Rebuttal
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(WATCH THIS EPISODE ON YOUTUBE) What do you call a 6-week period in which you and a handful of very recent acquaintances get drunk every day at lunch, sleep through the afternoons, sell weed to each other, smoke weed with each other, and whip out a few bags of cocaine to snort when the time feels right?
For a group of twelve people in Florida in 1987, they would call it jury duty. That’s right. Since 1987, jury misconduct stories only got crazier and crazier...including one where a jury convicted a man of double homicide by breaking out a Ouija board and asking the victims' ghosts. Yep.
Reb tops off a martini and hosts a seance in Tanner v. United States (1987).
***
0:00 - Intro
2:17 - Facts of Tanner v. United States
12:39 - Trial (Coke, Booze, and Court)
23:00 - Rule 606(b) and SCOTUS Majority Opinion
40:53 - SCOTUS Dissenting Opinion
54:11 - Juror misconduct still haunts us
56:19 - SCOTUS heard our complaints and ignored them<3
58:59 - Remedies for juror misconduct
1:01:10 - Case after case after case (Delusional, sleeping, drunk, racist jurors)
1:10:00 - The Ouija Board Jury
1:19:35 - Reb's Rebuttal
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(WATCH THIS EPISODE ON YOUTUBE) In the early hours of Saturday, May 15, 2010, Kalief Browder and a friend were returning home from a party in the Belmont section of the Bronx. He was 16 years old. Browder saw a police car driving toward them. More squad cars arrived, and soon Browder and his friend were squinting in the glare of a police spotlight. An officer said they had robbed a man. “I didn’t rob anybody,” Browder replied. “You can check my pockets.” . . .
Reb shares the cases of Kalief Browder and Inmate H, and thousands of other children and adults held in pretrial detention in the United States without ever being convicted of a crime. Some people say cash bail “creates Hell on Earth.” You might just believe them.
**CONTENT WARNING** Violence against children
Links:
https://www.facebook.com/KaliefsLegacy?mibextid=LQQJ4d
https://www.americanprogress.org/article/the-case-for-cash-bail-reform/
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2:21 - Kalief Browder
14:45 - Rikers Island
17:33 - Pretrial Detention, Cash Bail, and Depravity
22:38 - Inmate H
31:29 - Rikers Island Origins / #CloseRikers
37:18 - Cash Bail Reform
45:45 - A Murderer, A R*pist, and A Traffic Violator
47:38 - Cash Bail Reform
57:40 - Reb's Rebuttal
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(WATCH THIS EPISODE ON YOUTUBE) Do political assassinations even happen in the U.S. anymore? Apparently yes. Yes, they do. Get ready to change your middle name, sue Puerto Rico for speaking Spanish, move to a hog farm in Tennessee, and learn that write-in ballots never win (except for the rare, *bloody* exception). Reb brings a murder weapon to the voting booth in Tennessee v. Byron (Low Tax) Looper (2000).
TRIGGER WARNING for sexual assault/abuse.
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***
0:00 - Intro
2:36 - Byron's early life
4:30 - West Point
8:55 - Honorable discharge to politics pipeline
12:38 - Young Democrats of Georgia/Byron has a temper?!
14:00 - Byron and the 1988 GA Democratic primary
20:41 - Byron gets #educated
21:38 - #PuertoRicoGate
32:46 - Byron meets Terri Guess in TN
39:43 - DUMP HIM
43:43 - Byron changes his middle name to (Low Tax).....and it works???
1:03:03 - Senator Tommy Burks
1:08:17 - Byron's been busy
1:09:00 - The last day of his life
1:14:44 - Looper v. Burks
1:19:21 - The arrest
1:21:30 - The ballot's a mess
1:22:02 - Charlotte Burks
1:25:56 - What's the evidence?
1:43:53 - The aftermath
1:45:50 - CONSPIRACY AROUND LOOPER'S DEATH
1:54:03 - Reb's Rebuttal
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(WATCH THIS EPISODE ON YOUTUBE) Beef between rappers keeps music alive and well. But what happens when a video of you lip syncing to rap lyrics at a party helps put you away for murder? Hear all about it with Reb at the Texas Court of Criminal Appeals in Larry Jean Hart v. Texas (2024).
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***
0:00 - Intro
4:01 - Sneak peek of Hart v. Texas (2024)
4:37 - Background - Can lyrics be used as evidence?
12:45 - Hart v. Texas begins / What happened at trial?
24:02 - Hart's first appeal
27:38 - Hart's second appeal
28:31 - Probative value of the rap videos
33:49 - Prejudicial effect of the rap videos
47:57 - Prosecution's need for the evidence
54:05 - Harm analysis
1:01:06 - Holding
1:01:59 - Reb's rebuttal
1:02:42 - Tiny teaser for Episode 26!
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(WATCH THIS EPISODE ON YOUTUBE) Since Biblical times, self defense has been simple. Guard your castle. Retreat to the wall. Defend yourself. The U.S. stole its common law from the English, and the elements of self defense didn't change. Until.......Florida.
Why did Florida change its slogan from the Sunshine State to the Kill At Will State? Aren't Stand Your Ground Laws a good thing? How old is the Castle Doctrine? Whose castle is it anyway? Reb lowers the drawbridge on the madness and teaches you all the wheres and whens and hows on who is really allowed to "defend" themselves.
**CONTENT WARNING** Racial violence and violence against women and children.
0:00 - Content Warning
2:24 - Intro
8:08 - Trayvon Martin/Michael Brown/Tamir Rice
10:07 - Philando Castile
15:00 - People v. White (2010)
26:16 - Duty to Retreat
30:05 - The Castle Doctrine
30:45 - Beard v. United States (1895)
31:10 - People v. Tomlins (1914)
34:15 - Background on SYG Laws
36:00 - Self-defense elements/Duty to retreat
43:45 - SYG Laws and Imminence
46:27 - Removing Imminence > Race/Gender/DV
52:53 - Bernard Goetz (1986)
56:20 - Kathy & James Workman (Fla. 2004)
58:41 - The NRA & SYG
59:30 - Jimmy Morningstar (2003)
1:04:30 - Charles Harper (2009)
1:06:00 - Pedro Roteta (2011)
1:10:13 - Duty to retreat
1:11:10 - Domestic Violence & The Castle Doctrine
1:20:17 - Deven Grey (2017) / Brittany Joyce Smith (2018)
1:22:03 - Collected cases of men using SYG Laws successfully
1:23:41 - Peggy Stewart Case (1988)
1:31:18 - Kansas Supreme Court is on my sh*t list
1:32:00 - "Reasonableness" for a woman
1:33:50 - Collected cases on DV victims and Castle Doctrine/SYG
1:47:00 - Castle Doctrine clashes with Knock + Announce Rule
1:48:32 - Breonna Taylor
***
DONATE
https://www.trayvonmartinfoundation.org/
https://michaelodbrown.org/
https://www.tamirericefoundation.org/donate
https://www.philandocastilefoundation.org/
https://www.gofundme.com/f/freedom-and-reentry-fund-for-deven-grey
https://justiceforbreonna.org/
***
COMPLETE SOURCE LIST IN YOUTUBE EPISODE NOTES
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(WATCH THIS EPISODE ON YOUTUBE) Humans have been digging moats, slingshotting arrows, poisoning food, and laying spikes for thousands of years — and modern day booby traps are still alive and well. But what do an Indiana Jones-inspired hot tub contraption and a haunted house’s 20-gauge shotgun have in common? Vengeance.
This episode starts the engine for Episode 24’s deep dive into self-defense, "Stand Your Ground" laws, defense of property, and the Castle Doctrine. But first, listen to Reb pick tibia bones and shotgun pellets off the floor in Katko v. Briney (1971).
***
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(WATCH THIS EPISODE ON YOUTUBE) There are 3 reasons one of the most important 4th Amendment rules in America exists as it does today: (1) Boxers in the criminal underworld, (2) A bomb in the house of famous boxing promoter Don King, and (3) Dollree "Dolly" Mapp - The young black woman who dated bad boys and stood up to an all-white police force in Baltimore...and won.
What started as a mobster/boxer gambling ring turned into a 4-year battle over...you guessed it...nude magazines. Come with Reb to throw some punches and start a Dolly fan club in Mapp v. Ohio (1961).
INTRO/CONTEXT: 0:00-7:29
CASE BEGINS: 7:30
***
Sources Cited:
Ken Armstrong, “Dollree Mapp, 1923-2014: “The Rosa Parks of the Fourth Amendment,” The Marshall Project (Dec. 8, 2014) https://www.themarshallproject.org/2014/12/08/dollree-mapp-1923-2014-the-rosa-parks-of-the-fourth-amendment
Carolyn N. Long, “Mapp v. Ohio: Guarding Against Unreasonable Searches and Seizures” (2006)
ClevelandMemory.Org, “Mapp v. Ohio - 367 U.S. 643 (1961), https://www.clevelandmemory.org/legallandmarks/mapp/decision.html
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(WATCH THIS EPISODE ON YOUTUBE) We protect the witnesses from the public, but who protects the public from the witnesses? Peek behind the curtain of the Witness Protection Program and prepare to be shocked, afraid, and bamboozled. Take cover with Reb and start questioning everything and everyone in United States v. Wilson (1981).
**CONTENT WARNING at 58:52 for violence against children**
***
SOURCES [chronological order by reference or cite]:
United States v. Wilson (1981)
Secord v. Schlachter (1983)
https://www.cia.gov/readingroom/docs/CIA-RDP09S00048R000100020104-6.pdf
https://www.washingtonpost.com/wp-dyn/articles/A59212-2004Jun21_4.html
https://www.cia.gov/readingroom/docs/CIA-RDP90-00552R000605840009-1.pdf
https://www.copvcia.com/free/ciadrugs/Ed_Wilson_1.html
Karen S. Cooperstein, Enforcing Judgments Against Participants in the Witness Protection Program, 36 Stan. L. Rev. 1017 (1984)
Michal Gilad, Who Will Protect The Children?: The Untold Story of Unaccompanied Minors In Witness Protection Programs, 12 Whittier J. Child & Fam. Advoc. 43 (2012)
Raneta Lawson Mack, The Federal Witness Protection Program Revisited and Compared: Reshaping An Old Weapon To Meet New Challenges in the Global Crime Fighting Effort, U. Miami Int'l & Comp. L. Rev. 191 (2014).
Tanya Asim Cooper, Sacrificing the Child To Convict The Defendant: The Secondary Traumatization of Child Witnesses By Prosecutors, Their Inherent Conflict of Interest, and the Need For Child Witness Counsel, 9 Cardozo Pub. L. Pol'y & Ethics J. 239 (2011)
Laura Perry, What's In A Name?, 46 Am. Crim. L. Rev. 1563 (2009)
https://www.baltimoresun.com/2003/04/26/youth-is-found-fatally-shot-after-being-called-as-witness/
https://www.azcentral.com/story/news/local/arizona-investigations/2017/10/31/witness-protection-program-who-protects-public/748986001/
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(WATCH THIS EPISODE ON YOUTUBE) Most people would like to keep their heads. Thomas Donaldson isn't one of them. This mathematician and computer scientist wanted his cut off, and he wanted it to be done while he was still alive.
Bring a warm jacket and follow Reb into the frozen head refrigerator for Donaldson v. Lungren (1992).
INTRO/REB CHAT: 0:00-19:32
CASE STARTS: 19:32
***
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(WATCH THIS EPISODE ON YOUTUBE) Breathing through chemical smoke has been described as “drowning on dry land.” When one imagines chemical warfare, they often imagine a striking image of filthy soldiers choking in trenches on the frontlines through thick fogs of yellow-green gas.
In 1993, the Convention on Chemical Weapons sought to end chemical warfare as we know it.
20 years later, the international treaty the U.S. signed in 1997 to ban and stop the creation, sale, and export of chemical weapons for warfare around the globe led us to an unusual suspect in an unusual place—Carol Anne Bond, a 34-year old microbiologist living with her husband in the suburbs of Philadelphia, Pennsylvania.
Carol Anne Bond was not a soldier. She was not welding steel cylinders of chlorine gas to be released over trenches in Belgium. She was not spraying 19.3 million gallons of chemical herbicides over Vietnam. She was not using white phosphorus against civilians in Fallujah or Syria. She was not a guerrilla fighter on the front lines, a terrorist, or a military contractor. She was an angry wife.
Hold your breath and wash your hands. This is Bond v. United States (2014).
***
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Pararescue is the most highly decorated Air Force-enlisted force, executing the most perilous, demanding, and extreme rescue missions at anytime, anywhere around the globe. Their motto is: "These Things We Do, That Others May Live." Pararescue Staff Sergeant James D. Pou was so legendary, he became the "gold standard" for how the Air Force drills its trainees. He died a hero.
So why did the June 2, 1993 L.A. Times headline read: "Bigamist, Deserter Escapes From Air Force Brig"....? Grab a parachute and jump into the interstate scandal of one legendary Airman/escape artist, two wives, two affairs, five kids, one bank robbery, and a military prison break. Reb debriefs the military's very own "justice" system and why you can't lead a triple life if you can't keep your gun dry in U.S. v. Pou (1995).
***
CLICK HERE TO WATCH THIS EPISODE ON YOUTUBE
INTRO: 00:00 to 8:09
CASE BEGINS: 8:10
Alternate Title: These Things We Do, That Douglas May Live.
***
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Plug your nose and cross your heart - a rotting corpse is on the stand. 1,126 years ago, Rome was going through Popes like napkins at a BBQ cook-off. Most of them were killed, tortured, maimed, spit on...by each other. Eventually, Desperate Housewives and the Catholic Church collided to exhume a body and strap him to a chair. Why did we put a dead body on trial in 897 AD...and again in 2013? Oh, and can you marry someone after you die? As always, Reb gives you the answers, blessings, and vengeance in Cadaver Synod.
WATCH THIS EPISODE ON YOUTUBE: https://youtu.be/i1jsE4PcBRk?si=ErAF4rYdDk6e9d5n
***
Special, special thank you to @tanicaesar at Unhinged History for having me on her pod in September 2023 to ramble about this case with vodka and laughter.
Listen to Unhinged History on Spotify, Apple, YouTube.
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Illinois attorneys John Steele and Paul Hansmeier had an X-rated dream: to represent the “little guys”. The wrongfully accused? The juvenile delinquents? The small businesses? Porn production companies, of course. What started out as a seemingly legitimate copyright business model snowballed into what Federal Judge Otis D. Wright II called “a porno trolling collective”. Yes, there are court transcripts.
Wolf of Wall Street meets Suits meets adult film stars meets iconic court transcripts. Hear Reb unzip the epic saga of Prenda Law and Ingenuity 13 LLC v. John Doe (2012).
INTRO: 00:00
CASE STARTS: 11:10
***
WATCH THIS EPISODE ON YOUTUBE: https://youtu.be/k4WWI3XE99U
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Sources/Articles/Transcripts/Court Orders
Defense attorneys: Prenda litigation is 'unbelievable', 'just epic' - Washington Examiner (Dec. 23, 2012) (https://www.washingtonexaminer.com/defense-attorneys-prenda-litigation-is-unbelievable-just-epic)
What Prenda Law is facing in Los Angeles - Ken White, Pope Hat (Mar. 6, 2013) (https://www.popehat.com/2013/03/06/what-prenda-law-is-facing-in-los-angeles/)
Copyright Troll Case Tossed For 'Fraud On The Court' After Abbott & Costello-Worthy Hearing - Mike Masnick, TechDirt (Dec. 3, 2012) (https://www.techdirt.com/2012/12/03/copyright-troll-case-tossed-fraud-court-after-abbott-costello-worthy-hearing/)
John Steele's Property Caretaker Intervenes in Copyright Trolling Case, Alleging Identity Theft - Mike Masnick, TechDirt (Dec. 7, 2012) (https://www.techdirt.com/2012/12/07/john-steeles-property-caretaker-intervenes-copyright-trolling-case-alleging-identity-theft/)
Prenda Law's Attorneys Take The Fifth Rather Than Answer Judge Wright's Questions - Ken White, Pope Hat (April 2, 2013) (https://www.popehat.com/2013/04/02/prenda-laws-attorneys-take-the-fifth-rather-than-answer-judge-wrights-questions/)
Deep Dive: Prenda Law Is Dead - Ken White, Pope Hat (April 2, 2013) (https://www.techdirt.com/2013/04/02/deep-dive-prenda-law-is-dead/)
Judge Orders Prenda Law Group Beamed Out Into Space - Lowering The Bar (May 7, 2013) (https://www.loweringthebar.net/2013/05/judge-orders-prenda-law-group-beamed-out-into-space.html)
Judge Wright's Sanctions Order (May 6, 2013), https://docs.google.com/viewer?url=http://www.popehat.com/wp-content/uploads/2013/05/PendaSanctionsOrder.pdf
'Look, you may hate me': 90 minutes with John Steele, porn troll - Joe Mullin, ArsTechnica (May 10, 2013) (https://arstechnica.com/tech-policy/2013/05/look-you-may-hate-me-90-minutes-with-john-steele-prenda-porn-troll/)
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Pro Tip: When you become a billionaire overnight, use protection (or get coup insurance). The true story of the U-Haul family feud that lasted 40 years (and counting). Listen to Reb dodge brotherly punches in Shoen v. Shoen (1993).
***
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A prison break, the oldest biker gang in the world, 558 death sentences, a body in a river, and the man who tried to dodge death just to run straight into it. Twice. The Supreme Court in 1976 had no idea it would set off a chain of events worthy of a biopic and a newfound appreciation for Harley Davidsons, bro code, and a really catchy crime syndicate slogan.
Rev (Reb?) your engines. It's about to get bloody. The penalty is death in Gregg v. Georgia (1976).
WATCH THIS EPISODE YOUTUBE: https://youtu.be/IWohmpaeS7c?si=Ephgw-G9rmO66Bg_
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