Winter, 2005/2006
Articles in this issue:
Celebrity Legal Issues: “If Johnnie’s Gone, the Injunction Can’t Go On.”
Issue: Since Johnnie Cochran has died, does a permanent injunction barring the petitioner from speaking about Mr. Cochran in any public forum constitute an overly broad prior restraint upon speech?
Tory v. Cochran, __, U.S. __, 125 S. Ct. 2108 (2005).
Virginia Legal Issues: Maybe You Don’t Have to Play to Win; Theft Improves Your Odds.
Issue: Was a winning lottery ticket that paid $2,500 a mere chose in action that was worth no more than the face value price of the ticket, precluding the conviction of the defendant of grand larceny for purloining the ticket?
Hunt v. Commonwealth, 46 Va. App. 25, 614 S.E.2d 668 (2005).
What’s Next for Bike Thief, Candy From a Baby?
Issue: Was the defendant who was acquitted of robbery for taking a bicycle from an 11-year-old boy subjected to double jeopardy when he was later indicted for the lesser included charge of grand larceny?
Commonwealth v. Hudgins, 269 Va. 602, 611 S.E.2d 362 (2005).
National Legal Issues: A Case Sure to Draw Snickers; DJ Loses Payday When he Poses as Caller’s Sugar Daddy.
Issue: Did a DJ commit a breach of contract and fraud when he told the 10th caller she had won “100 Grand” and then gave her only a Nestle’s “100 Grand” candy bar as the prize?
Gill v. Cumulus Media, Inc., No. 05-CI-2740 (Ky. Cir. Ct., Fayette County, June 22, 2005).
A Note from Ed McPhillips
Gratuitous
Lawyer Joke
Q: Have you heard about the lawyer’s word processor?
A: No matter what font you select, everything comes out in fine print.
I have been involved with a number of appeals over the past two years, and the recent matter of Jordan v. Kollman, 269 Va. 569, 612 S.E.2d 203 (2005), gives you a chance to review my work. In Jordan the mayor of Colonial Heights, Virginia had successfully sued a local citizen for defamation over a paid political advertisement published in the newspaper two days before a general election. The Virginia Supreme Court reversed on appeal, and its opinion upholding the freedom of political speech in the Commonwealth may prove to be of some importance in this field.
Richmond attorney James B. Thorsen more than ably represented the appellant, and I appreciate his allowing me to draft the appellate briefs in this matter. You, too, can read these briefs on Westlaw (O, Goody! – you are no doubt thinking right now). The Appellant’s Opening Brief, for example, is at 2004 WL 3507315.
On a more mundane note, I am raising my hourly rate to $110 per hour effective January 1, 2006. Being that we live in a nation which celebrates free enterprise and capitalist entrepreneurial spirit, I am sure that you commend me for my initiative and pluck. Or you might be thinking that you wouldn’t pay me $110 even if I paid you $120 to pay me $110. E ither is a permissible viewpoint, although I obviously hope that the quality of my work is unquestioned, even if the goodness of my looks is. Happy New Year in 2006!