05.30.08
YFZ Update
Yesterday, May 29, 2008, the Texas Supreme Court issued an opinion on the Writ of Mandamus filed by CPS in the case involving the El Dorado FLDS children. The opinion states, “Having carefully examined the testimony at the adversary hearing and the other evidence before us, we are not inclined to disturb the court of appeals’ decision. On the record before us, removal of the children was not warranted.”
Two clarifications on this matter. I’ve received a lot of e-mails regarding the “orders” of the Supreme Court. The Court did not make any orders. By not doing anything, the Writ of Mandamus issued by the Third Court of Appeals in Austin, Texas remains intact. Second, by making no findings and making no orders, everything in the Supreme Court opinion is dicta.
You can find the decision of the Supreme Court at http://www.supreme.courts.state.tx.us/historical/2008/may/080391.pdf
You can find the decision of the Third Court of Appeals at http://www.3rdcoa.courts.state.tx.us/opinions/PDFOpinion.asp?OpinionId=16865
Rob Galvin and I were involved in this case and participated in the Court hearing described in the opinions. Our firm, Galvin, Dominguez, Hindera & Schwab, LLP, represents clients in all types of family law matters. You can find us at our firm website: http://www.gdhs-familylaw.com/
05.26.08
Son of Rambow
Year: 2008 Release Date: May 2, 2008
Starring: Neil Dudgeon, Bill Milner, Will Poulter, Jessica Stevenson
Could this happen with the Mormon children?
In the early 1980’s, Will Proudfoot deals with the death of his father and being a member of The Brethren, a non-specific religious organization, shunning modern conveniences such as television and movies. In school, he meets Lee Carter, the school bully who shows him his first movie, a bootleg copy of First Blood starring Sylvester Stallone. Thinking of his father, Will helps Lee make a movie for a competition call Son of Rambow.
The two become friends (actually going through a blood brother ceremony) making the movie with Will. A visiting French foreign exchange student takes over the movie with his friends and Will receives new-found attention placing him at odds with both Lee Carter and his family who strongly follow the teaching of the Brethren.
This movie should be the pleasant surprise of the summer. Although a movie such as this does not have the blockbuster appeal of Speed Racer or Indiana Jones, your movie dollar would be better spent with this well-written story.
Being involved in the FLDS case, I wonder how some of the removed children may react to exposure to the modern world after being secluded on YFZ ranch. If these children were exposed to media, I would hope it would be this movie that shows the importance and strength of friendship and reinforces family relationships. See it with a good friend or your family. Either will be for the better.
Three Gavels
05.25.08
Mildred Jeter Loving Dies
I found out earlier today that Mildred Loving died at the age of 68 on May 2 of this year. A brave woman and the Petitioner to the Supreme Court case of Loving v. Virginia. This is an important case not only for civil rights but for family law.
The United States Supreme Court declared Virginia’s anti-miscegenation statute, the “Racial Integrity Act of 1924″, unconstitutional, thereby overturning Pace v. Alabama (1883) and ending all race-based legal restrictions on marriage in the United State. States maintained similar laws ending with Alabama in 2000.
Miscegenation statutes were enacted to criminalize marriages between Anglos and African Amercians.
Movie Review-The Crucible
Year: 1996 Release Date: November 26, 1996
Written by Arthur Miller (Screenplay and Play)
Starring: Daniel Day-Lewis, Winona Ryder, Joan Allen, Paul Scofield
This movie is a depiction of one of the earliest examples of American Jurisprudence. It’s 1692 in Salem, Massachusetts and a bunch of children led by Winona Ryder’s Abigail Williams are conjuring love spells in the woods. Assisted by Tituba, the Barbados slave, the children dance and strip and boil a chicken and a frog crying out who they want to be theirs. Kind of like a twisted “Be Mine” chewable candy heart. Except these girls turn the heart into poison as they accuse others of witchcraft to dispel punishment from themselves.
The Salem witch trials predate the United States Constitution by one-hundred years. The movie depicts citizens being tried without lawyers, without evidence, without cross-examination, and without justice as we know it today. Added into the mix are men of God who are trying to get rich by stealing land, a woman (Ryder) trying to steal a woman’s husband (Joan Allen as Goody Proctor and Daniel Day-Lewis as John Proctor).
Arthur Miller, the writer, is best known for being married to Marilyn Monroe. He creates his greatest accomplishment in a play serving as a parable of the Congressional Communist witch-hunts in 1950’s America where who would not name names were incarcerated and tortured, and those who admitted their guilt were immediately freed.
Good movie. I read the play years ago (in high school so many years ago) and the movie does it justice.
Three and a half Gavels.
05.24.08
Recent Family Law Court Rulings
Earlier this week, the Third Court of Appeals in Austin, Texas issued a decision on a writ of mandamus for the case involving the YFZ Ranch in El Dorado, Texas. The Court made findings in regards to a section 262 hearing in San, Angelo, Texas. Rob Galvin and I both attended the hearing because we each represent children who were removed during a night-time raid by CPS investigators, SWAT teams, Texas Rangers, and what was described at the hearing as a tank. I’m assuming it was an urban assualt vehicle.
The Court ruled, “The Department failed to carry its burden with respect to the requirements of section 262.201(b). Pursuant to section 262.201(b)(1), the danger must be to the physical health or safety of the child.” Additionally the Court found, “The Department also failed to establish that the need for protection of the Relators’ children was urgent and required immediate removal of the children.”
I anticipate CPS will appeal this ruling to the Texas Supreme Court if it has not already.
The California Supreme Court recently ruled on a consitutionality issue of same sex marriage under the California constitution. Specifically, the question addressed, “is whether…the failure to designtate the official relationship of same-sex couples as marriage violates the California Constitution. The Court ruled, “In the present case, it is readily apparent that extending the designation of marriage to same-sex couples clearly is more consistent with the probable legislative intent than withholding that designation from both opposite-sex couples and same-sex couples in favor of some other, uniform designation.”
Apparently, the issue of this case is what to call same-sex unions and the Court is stating that the term is “marriage.”
I will be in San Angelo later next week for my part of this case and Rob Galvin will be in court the following week. Galvin, Dominguez, Hindera, & Schwab, LLP represents the interests of our clients whether they are parents or children. The firm website is at www.gdhs-familylaw.com.
05.22.08
The Chewbacca Defense
Show: South Park Episode: Chef Aid
Related Movies: Star Wars: Episode 3, Revenge of the Sith; Episode 4, A New Hope; Episode 5, Return of the Jedi (all with Chewie)
One Funny Legal Scene
This gets into the Family Law Blog because this is just plain hilarious and is part of advocacy. Rob Galvin, a partner at my firm (http://www.gdhs-familylaw.com/) , told me about the Chewbacca Defense very early in my career. Although I have yet to use it in court, I have borrowed a bit from the Chewbacca Defense at various times in my career practicing family law.
In the show, Chef is sued by Capitalist Records Company for claiming he wrote the song “Stinky Britches” that was recently released by Alana Morisett’s label. Capitalist Records Company hires Johnny Cochran to sue Chef. Everyone, including the local South Park media, wonders whether Cochran will use the famed Chewbacca defense.
I cannot do the Chewbacca Defense justice. Every litigator should see it. You can see it here. I do not believe that the Chewbacca Defense makes the Star Wars series legal movies. But, does Luke going before the Emporer and Han and Luke going before Jabba in EP 6 make Return of the Jedi a legal movie? My thought is no because it should remain what it is….the greatest Father’s Day movie of all time. (A father and son trying to kill each other with light sabers; would this be allegory?)
05.19.08
The Ten Greatest Movie Clients of All Time
10. William Gambini played by Ralph Machio in My Cousin Vinny. Ok…not the greatest actor, but the Karate Kid is accused of murder. He is great because he knows who to call to represent him, “MY COUSIN VINNY!” And Vinny brings Mona Lisa Vito, the best legal assistant in world other than Carol Price (my real world assistant.) But even Carol cannot make me forget Marissa Tomei.
9. Marylin played by Catherine Zeta Jones. In “Intolerable Cruelty”, she’s the antagonist to family law attorney Miles (George Clooney.) To quote Miles, “You facsinate me.” One of the few movies about family law.
8. Tom Robinson from “To Kill a Mockingbird.” Played by the great Brock Peters, he’s the man who taught everyone never to go chop chiferots because it’s going to get you into trouble for raping a white woman. To this day, I’d like to know what the hell is a chiferot and why it needs to be chopped.
7. Anyone defended by Perry Mason. Because they are always “not guilty.”
6. Captain Queeg from Herman Wouk’s “The Caine Mutiny.” He’s played by Humphrey Bogart, the original badass. You have to be a badass when your name is Humphrey. And still…Captain Queeg is not the craziest person I’ve ever had for a client.
5. Tie: Velma Kelly and Roxie Hart; Chicago. Played by Catherine Zeta Jones and Renee Zellweger. Enough said.
4 Chef from South Park. If Chewbacca lives with the Ewoks; you must acquit.
3. Vinnie Chase from “Entourage.” Cause you get to be Ari Gold. You get to go to Vegas for free. You meet starlets. Technically Ari is an agent, but he did graduate from law school.
2. Larry Flynt played by Woody Harrelson. The real life client in the biopic, “The People vs. Larry Flynt.” Always in trouble. Always goes to trial. Always uses the same lawyer (Alan Isaacman played by Edward Norton). Always pays his retainer.
1. Vito Corleone from the “Godfather.” Because it would just be so cool to be his lawyer, unless of course, you like horses. And you get to be called “consiglieri.”
Summer Movie Season and Other Thoughts on Legal Movies
Summer’s here which means driving with the top down, going to the lake and playing as much golf as possible. Also, the summer blockbusters are going to be released. Moviegoers will revisit Sex in the City, Batman, Harold and Kumar, Indiana Jones, Narnia and Speed Racer.
I’ve seen a couple of summer movies already and both, Son of Rambow and Iron Man appealed to me. I really enjoyed watching Rambow. I rank it with Little Miss Sunshine as a pleasant surprise exceeding my expectations.
My 16 year old son is anxiously awaiting The Dark Knight to see how the Joker is portrayed and to see how Harvey Dent is portrayed. Harvey Dent, being the District Attorney of Gotham City will make this reviewable as a legal movie. The creepy Katie Holmes is replaced by the uberlicious Maggie Gyllenhahl.
The ultimate chick flick, Sex and the City will be premiering in a couple of weeks and women everywhere will be dragging their boyfriends and husbands to the theaters. The Alamo Drafthouse will be airing the movie at times where no men are allowed. And offering a souvenir glass if you have a Cosmo during the movie. This is the downtown location.
No matter what movie I see, it’s always better at the Drafthouse. Order your tickets online, get there one hour early, enjoy the entertainment while you wait, eat and drink for a great movie experience. You can go online here: http://www.originalalamo.com/. Whenever I see a movie there, I wonder why I would go anywhere else.
One of my law partners is always telling me it’s always about movies with me. We’ll be talking about a case or a judge or a trial and I inevitably quote a movie. I have even used movies as a theme for trial. (“You called down the thunder and now you’ve got it.” – Tombstone). Part of our practice involves Child Protective Services litigation. I primarily represent parents and one major element of these cases is the fact that there are serious accusations involved. I have represented clients accused of shaking a baby, sexual abuse, physical abuse, neglect, domestic violence and child abuse. It falls on me, as their lawyer to defend them. People ask me in various ways, how I can do that.
Other than the obvious reaction that I believe in the legal system and constitutions of the United States of America and the State of Texas and the proposition that they are only accusations until proven in court, I can sum up my personal philosophy can be summed up in two movies. First, there is A Few Good Men. There’s a scene where Jack Ross (Kevin Bacon) is taking crap for representing his client by Caffey, the Tom Cruise character. Ross responds by telling him that he is the lawyer, not the client. His opinion on the actions does not matter. He represents his client “without passion and without prejudice and my client has a case.”
The other movie involved a man who had been arrested for a trumped up charge of sedition. (speaking against the government) The authorities used a paid informant and severely mistreated the man while he was in custody. He was tried without a lawyer, found guilty, sentenced to death, and executed violently. He was, like the words of my friends, “obviously guilty.” As in, “how can you represent someone who is obviously guilty.” The name of the movie: The Passion of the Christ. My answer to their question: I tell them, “I would have represented Him.”
People can view my firm website at http://www.gdhs-familylaw.com/
05.18.08
Fracture – Is the law correctly applied?
Title: Fracture
Year: 2007 Release Date: April 20, 2007
Starring: Anthony Hopkins, Ryan Gosling, David Straithairn
Lawyer’s Worst Nightmare
Here’s a movie where the protagonist (Ryan Gosling as Willy Beachum) is a brilliant DA with a lucrative new job in a big firm. But he has one last case. Ted Crawford (Anthony Hopkins) is accused of killing his wife. It should be an open and shut case. Or as CASA’s say during CPS cases, “A slam dunk!”
But then comes the twist. Ted Crawford becomes every lawyer’s worst nightmare); the pro se (a layperson who represents themselves) litigator who is a formidable opponent. The moral of this story: Never underestimate opposing counsel and Never overestimate your case.
One of the best scenes in legal movies is when there’s a meeting in the Judge’s (Fiona Shaw) chambers and Hopkins delivers the movie’s best dialog. I won’t repeat it here because it is just too good. The other great thing about this movie is trying to determine if Willy Beachum’s ananlysis at the end of the movie makes sense. Was the law applied correctly or was there dramatic license. Perhaps some great criminal mind can clear it up. Rather some great criminal law mind.
I’ll give this movie 3 ½ Gavels.
Iron Man — No Legal Theme
Ironman
Year: 2008 Release: Currently in theaters
Starring: Robert Downey Jr., Gwyneth Paltrow, Jeff Bridges
What does this movie have to do with the law? Nothing. I just watched it with my 16 year old son and I enjoyed watching the movie because I remembered going to so many movies with him before girls, cars, and jobs. He picked the movie.
Another thing; the movie is just plain cool. An ordinary billionaire businessman wearing an iron suit who can fly. The hot assistant. The employee with ulterior motives. Maybe because Downey is my age and he plays a superhero. Oh, and he has a bad heart. Robert Downey, Jr. completes his comeback in this Jon Favreau directed story with Gwyneth Paltrow as Downey’s faithful, efficient, and hot assistant. (I’ve got to get me one of those.)
The effects are good but do not overshadow the acting which is good all-around. Favreau does his Alfred Hitchcock impression by doing an extended cameo in the movie as a bodyguard. And as an added bonus…one of my favorite rock songs of all time is in here. (Black Sabbath’s Iron Man of course.)
This movie kicks off the 2008 summer movie season.
NO GAVELS but a really good movie.
