Comments on: What the Hell is Wrong With the Maricopa County Criminal Bar? http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html the tao of criminal defense trial lawyering Wed, 17 Mar 2010 19:13:55 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: County Attorney files Charges against Arizona Judge « Law and Baseball http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html/comment-page-1#comment-12412 County Attorney files Charges against Arizona Judge « Law and Baseball Thu, 10 Dec 2009 06:23:27 +0000 http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html#comment-12412 [...] I have been following the wild west stories and trying to figure out what the hell is wrong. It appears that there are too many things happening on the streets there with the burning [...] [...] I have been following the wild west stories and trying to figure out what the hell is wrong. It appears that there are too many things happening on the streets there with the burning [...]

]]> By: Legal Strategery in Marikafka County — Chandler Criminal Defense http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html/comment-page-1#comment-12358 Legal Strategery in Marikafka County — Chandler Criminal Defense Sun, 06 Dec 2009 17:46:21 +0000 http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html#comment-12358 [...] He should have held Stoddard in direct criminal contempt. I’ve said it, as did Mark Bennett before me. Now, it’s just one big mess. No one seems to agree about when Stoddard was held in contempt, [...] [...] He should have held Stoddard in direct criminal contempt. I’ve said it, as did Mark Bennett before me. Now, it’s just one big mess. No one seems to agree about when Stoddard was held in contempt, [...]

]]> By: No Constitutional Crisis Here — Chandler Criminal Defense http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html/comment-page-1#comment-12281 No Constitutional Crisis Here — Chandler Criminal Defense Thu, 03 Dec 2009 04:56:28 +0000 http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html#comment-12281 [...] a lot of blame to spread around. Judge Donahoe should have held Stoddard in direct criminal contempt instead of indirect civil contempt. Punishing Stoddard and not [...] [...] a lot of blame to spread around. Judge Donahoe should have held Stoddard in direct criminal contempt instead of indirect civil contempt. Punishing Stoddard and not [...]

]]> By: You and What Army? — Chandler Criminal Defense http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html/comment-page-1#comment-11915 You and What Army? — Chandler Criminal Defense Mon, 23 Nov 2009 23:56:30 +0000 http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html#comment-11915 [...] in direct criminal contempt and ordering that it pay a massive fine to the court seems like a more appropriate remedy. If Deputy Stoddard was just following orders, sanctioning him personally does very little to [...] [...] in direct criminal contempt and ordering that it pay a massive fine to the court seems like a more appropriate remedy. If Deputy Stoddard was just following orders, sanctioning him personally does very little to [...]

]]> By: Mark Bennett http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html/comment-page-1#comment-11775 Mark Bennett Fri, 20 Nov 2009 21:27:06 +0000 http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html#comment-11775 That's a real stretch for state court. That’s a real stretch for state court.

]]> By: Jim McWilliams http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html/comment-page-1#comment-11774 Jim McWilliams Fri, 20 Nov 2009 20:39:06 +0000 http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html#comment-11774 Don't people in Texas have a property interest in confidential information -- for instance, trade secrets -- or perhaps a property right regarding public disclosure of private facts? Copying confidential information or private facts without permission could arguably be a permanent deprivation of such property interests. Also, there is the copyright issue of copying someone's original expression, which was placed in a tangible form, to the creator's detriment and without any justifying fair use. Such a violation of intellectual-property rights might be a form of theft. (Or at least the notices at the start of DVDs suggest that.) And doesn't Texas have a conversion statute dealing with unauthorized "borrowing" that damages the future usefulness of property (the property being the information, not just the paper it was written on)? Such borrowing is considered theft in some other contexts (civilly, if not criminally), because a permanent deprivation of property rights occurs. Although I don't practice in Texas, and I haven't reviewed intellectual-property law in a while, I think this matter is less cut and dried than you suggest. But, of course, reasonable minds can differ. Thanks for the update on this topic regardless. Don’t people in Texas have a property interest in confidential information — for instance, trade secrets — or perhaps a property right regarding public disclosure of private facts? Copying confidential information or private facts without permission could arguably be a permanent deprivation of such property interests. Also, there is the copyright issue of copying someone’s original expression, which was placed in a tangible form, to the creator’s detriment and without any justifying fair use. Such a violation of intellectual-property rights might be a form of theft. (Or at least the notices at the start of DVDs suggest that.) And doesn’t Texas have a conversion statute dealing with unauthorized “borrowing” that damages the future usefulness of property (the property being the information, not just the paper it was written on)? Such borrowing is considered theft in some other contexts (civilly, if not criminally), because a permanent deprivation of property rights occurs. Although I don’t practice in Texas, and I haven’t reviewed intellectual-property law in a while, I think this matter is less cut and dried than you suggest. But, of course, reasonable minds can differ. Thanks for the update on this topic regardless.

]]> By: J McWilliams http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html/comment-page-1#comment-11773 J McWilliams Fri, 20 Nov 2009 19:29:48 +0000 http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html#comment-11773 Can't copying someone else's intellectual property be a form of theft? Or maybe I'm misunderstanding those notices at the start of DVDs. In any event, thanks for the update on this issue. Can’t copying someone else’s intellectual property be a form of theft? Or maybe I’m misunderstanding those notices at the start of DVDs. In any event, thanks for the update on this issue.

]]> By: Mark Bennett http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html/comment-page-1#comment-11772 Mark Bennett Fri, 20 Nov 2009 18:46:54 +0000 http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html#comment-11772 They just borrowed it. They didn't steal it. They just borrowed it. They didn’t steal it.

]]> By: Bob Larr http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html/comment-page-1#comment-11771 Bob Larr Fri, 20 Nov 2009 18:01:34 +0000 http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html#comment-11771 After viewing the video with several people in my office, we pondered whether the State Attorney Office would pursue theft charges, since he took property that did not belong to him. They would not have to worry about actually prosecuting the charge as members of the office viewed the theft, thus they could request another prosectors office from the state to pursue the charges. It would be poetic justice to see the sheriff locked up with his deputy. Then they can eat the same moldy bread and bologna sandwiches will chilling in the tent city they have built. After viewing the video with several people in my office, we pondered whether the State Attorney Office would pursue theft charges, since he took property that did not belong to him. They would not have to worry about actually prosecuting the charge as members of the office viewed the theft, thus they could request another prosectors office from the state to pursue the charges.

It would be poetic justice to see the sheriff locked up with his deputy. Then they can eat the same moldy bread and bologna sandwiches will chilling in the tent city they have built.

]]> By: bryan simmons http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html/comment-page-1#comment-11762 bryan simmons Thu, 19 Nov 2009 20:44:57 +0000 http://bennettandbennett.com/blog/2009/11/what-the-hell-is-wrong-with-the-maricopa-county-criminal-bar.html#comment-11762 Wouldn't it be classic justice if the court actually ordered Sheriff Arpaio be locked up in his own jail? Wouldn’t it be classic justice if the court actually ordered Sheriff Arpaio be locked up in his own jail?

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