Kansas

Now THIS Is An Incompetent Lawyer

/ Jack Marshall / 19 Comments
Now that's who you want defending you in your capital murder trial..Thomas Jeffer..wait, WHAT???

Now that’s who you want defending you in your capital murder trial..Thomas Jeffer..wait, WHAT???

Dennis Hawver, an Ozawkie, Kansas attorney, was disbarred last week by the Kansas Supreme Court. The court ruled that Hawver showed “inexplicable incompetence” as a defense attorney for Phillip Cheatham, charged with first degree murder and tried in a 2005.  Cheatham’s conviction was overturned and  a new trial was ordered  in 2013, on the grounds that Hawver did not provide an adequate defense and thus Cheatham did not receive a fair trial. Yes, I think that was a fair assessment, given that..

  • In voir dire, Hawver told prospective jurors that his client was “a cocaine dealer” who had “killed another cocaine dealer with a gun.”
  • During the trial, he informed the jury that his client had previously been convicted of voluntary manslaughter, even though prosecutors had agreed to less prejudicial  stipulation that the Cheatham had a “prior felony conviction” without further details.
  • Hawlor failed to present evidence that might have shown that his client that was not in the city where the murder occurred at the time it occurred. He failed to investigate alibi witnesses.
  • He didn’t track his client’s cellphone to find his location at the time of the murders.
  • During the sentencing phase of the trial, after his client had been found guilty, Hawlor said “the killer” should be executed.

 

  • Hawver  made the creative argument at trial that his client would never have left a witness alive if he had been the one who shot the two female victims.

Continue reading →

Kansas Politics Ethics Sludge (Cont.): In Taylor v. Kobach, The Court Rules That The Statute Was Violated In Compliance With The Statute…

/ Jack Marshall / 23 Comments

quote-i-have-seen-the-truth-and-it-makes-no-sense-anonymous

I write here often that we must distinguish between law and ethics, and as a lawyer, I am comfortable with the reality that a decision required by the law may be unethical, in that the results may harmful and undermine the broad goal of what a law or laws are supposed to accomplish: a healthy society, a functioning government, a safe and happy public and justice. Just as doctors need to develop emotional armor that allows them to go on practicing medicine when the operation is a success but the patient dies, so must judges learn to move on when interpreting a law as written has an absurd result, and they must allow that result to occur. I understand all that.

I still can’t understand the opinion in Taylor v. Kobach, however.Maybe someone can explain it to me with a straight face. The opinion itself is beyond reproach, clear and unassailable. The problem is that it ignores the Mastodon in the courtroom: the letter that the opinion deems sufficient to meet the requirements of the statute in question embodies a lie, and defeats the intent of the very statute that the court is using to declare the letter valid.

How can judges do that? How can they stand doing that? Continue reading →

The Kansas Senate Race Ethics Disgrace: Who Can You Trust?

/ Jack Marshall / 8 Comments

Nobody, apparently.

Welcome to Kansas.

Welcome to Kansas.

The Kansas U.S. Senate race demonstrates why so many Americans tune out politics, spit on both parties, and simply assume that there is no way to avoid being governed by knaves, cheaters and fools.

If you haven’t been following this dispiriting  embarrassment, I commend and envy you. The election is considered a crucial one that could decide control of the Senate, where the Democrats currently have a majority that looks shaky at best. The Kansas Republican incumbent, Pat Roberts, appeared beatable in the GOP primary, and he was in a tough three-way race in the election. Trailing in the polls, the Democratic nominee, Chad Taylor, pulled out of the race, leaving Roberts to run against an independent, Greg Orman, who has belonged at various times to both parties,  who wants to leave his real loyalties secret for now and who looks like he might beat Roberts. The Kansas secretary of state, Kris Kobach, claimed that under the law, Taylor couldn’t withdraw with the letter he wrote for that purpose, and had to stay on the ballot. This week, Kobach’s position was rejected by the Kansas Supreme Court.

This account just skims the surface of the real sludge in this bi-partisan cesspool. Consider: Continue reading →

Ethics Musings On The Guy With “MURDER” Tattooed On His Neck….

/ Jack Marshall / 21 Comments

 

Hey! Cool tattoo, dude! Just don't get caught actually murdering someo...oh. Bummer.

Hey! Cool tattoo, dude! Just don’t get caught actually murdering someo…oh. Bummer.

Jeffrey Chapman, who is soon to stand trial for first degree murder in Great Bend, Kansas, wants to remove the giant tattoo that spells out the word  MURDER around his neck, believing that it will prejudice the jury against him.

Ya think?

The judge will allow Chapman to have the tattoo removed before the trial, it appears. There is precedent for this: in Florida, in 2010, a neo-Nazi charged with hate crimes was permitted to have the hate-related tattoos on his face and neck, including a swastika, covered up by a professional make-up artist. It was paid for by the state, naturally.

Observations:

  • I suppose this is the necessary and fair decision by the judge. Lawyer-pundit Alan Dershowitz made some interesting points regarding the Florida case, however, suggesting that the swastika and other tattoos were an extension of tattooed defendant John Allan Ditullio’s character, and covering them could be construed as misleading the jury. “He is alleged to have attacked people on the basis of sex orientation and race. The court has the chance to make its rulings based on whether the tattoos are relevant to the case,” Dershowitz said. “It depends on what the prosecution is trying to prove. If they are saying his Nazi ideology drove him, then you could argue that seeing the tattoos is relevant.” Dershowitz noted that his tattoos were obviously the way he chooses to present himself publicly. “It’s not like the swastika was on his rear end,” he said.

Continue reading →

Ethics Mess In Kansas: The Lesbians and the Sperm Donor

/ Jack Marshall / 12 Comments
The parents in happier days

The parents in happier days

Auto mechanic William Marotta must rue the day he responded to a Craigslist ad placed by Angela Bauer and her life partner Jennifer Schreiner. They were seeking a sperm donor, for the obvious reasons, and he had sperm to donate. The trio then signed a contract in which all agreed that Marotta would have no rights to any child his sperm spawned, nor future responsibilities regarding the child’s care. Schreiner was artificially inseminated and conceived, making her the child’s mother, as Bauer stepped into the role of the child’s father. Exit Marotta forever, with thanks.

Or so he thought. Continue reading →

Test: Which Teacher Do You Trust Least?

/ Jack Marshall / 103 Comments

Your challenge: Rank from “Most Untrustworthy” to “Least Untrustworthy”  the following unethical teachers, all the subjects of news stories over the past 30 days:

The candidates:

A. Jack Conkling, a high school social studies teacher in Buhler, Kansas, who began a rant this on his Facebook page like this:

“All this talk in the news about gay marriage recently has finally driven me to write. Gay marriage is wrong because homosexuality is wrong. The Bible clearly states it is sin. Now I do not claim it to be a sin any worse than other sins. It ranks in God’s eyes the same as murder, lying, stealing, or cheating…”

Yes, he had students among his Facebook friends, who made sure everyone in the school was aware of Conkling’s views. Continue reading →

Ethics Bob: You Were Right; the Kansas Republicans Are Dunces

/ Jack Marshall / 10 Comments

Yes, Bob, you were right again and I was wrong; you don't have to be so damn happy about it.

When I wrote about Kansas House Speaker Mike O’Neal, who disgracefully circulated Psalm 109 to all Republican House members that he said was a perfect prayer for Obama—a Psalm that calls for the death of a despot—my colleague Bob “Ethics Bob” Stone disputed my prediction that his GOP party leaders would force him to step down.

Bob was right; I was naive. A national petition is circulating to demand O’Neal’s ouster, but it is being pushed by Democrats, which conveniently gives Republicans, and O’Neal, the chance to argue that the effort is “partisan.”

It isn’t partisan. It’s necessary, rational and reasonable. The fact that Republicans don’t have the integrity to take the lead in purging their ranks of this irresponsible, uncivil and vile official–that’s partisan.

Bob wins. I ignored a key rule that controls in such situations: Never overestimate a political party’s capacity for courage, decency, or common sense.

Especially Republicans.

Let’s Be Clear: Kansas House Speaker Mike O’Neal Is A Disgrace, And He Must Resign

/ Jack Marshall / 43 Comments

We're praying for you, Mike---to get the Hell out.

Kansas House Speaker Mike O’Neal is refusing to resign his post in the wake of an uproar of his own making. In December, the legislator sent an email to his fellow Republicans asking them to pray Psalm 109,  an unusual and mean-spirited psalm that calls for the death of a leader. The Psalm says, in lines 7-12:

When he shall be judged, let him be condemned: and let his prayer become sin.
    Let his days be few; and let another take his office.
    Let his children be fatherless, and his wife a widow.
    Let his children be continually vagabonds, and beg: let them seek their bread also out of their desolate places.
    Let the extortioner catch all that he hath; and let the strangers spoil his labor.
    Let there be none to extend mercy unto him: neither let there be any to favor his fatherless children.’ Continue reading →

Abuse of Government Power+ School Administrator Cowardice = Student Persecution

/ Jack Marshall / 12 Comments

Enemy of the State.

Emma Sullivan, an 18-year-old high school senior at Fairway, Kansas’s Shawnee Mission East High School,  went with her class on a field trip to the Capitol and heard Gov. Sam Brownback speak. She tweeted her reactions to her Twitter followers, writing, “just made mean comments at gov brownback and told him he sucked, in person #heblowsalot”.

The part about making mean comments to the Governor was a lie, but on a scale of believability and damage done, not an especially momentous one. It was adults who turned this unremarkable student tweet into an ethics train wreck in three neat, unforgivable steps.

1. First, some over-zealous hack on the Brownback’s staff saw the tweet and complained to an administrator in the school district. This is a First Degree Ethics Foul. Nothing in Sullivan’s tweet brings it within his, the governor’s or the government’s legitimate concerns. For the staffer to complain was petty, vindictive and mean-spirited. Every second he spent on his vendetta was a waste of taxpayer dollars. Worst of all, he was bringing the power of the government to bear on a teenager for doing nothing more than expressing her opinion, which is that Governor Brownback sucks. I’m sure there have been foreign dictators who would punish a teen for doing no more than telling friends that she doesn’t like him, but I would have thought that someone who works in one of the United States governments would instinctively know that this kind of bullying mind-control isn’t allowed here. I was wrong. Brownback does suck, at least at picking staff. Continue reading →