We can al argue about the efficacy and necessity of the War on Drugs. Wherever one comes down on that issue, though, it is difficult to argue with the logical position taken here by a court reading the plain language of a statute.

The question before the state's highest court, the Court of Appeals, was whether a man named James Robbins was guilty of selling drugs within 1,000 feet of a school - which carries a longer sentence - when he was arrested in March 2002 on the corner of Eighth Avenue and 40th Street in Manhattan and charged with selling drugs to an undercover police officer.

The nearest school, Holy Cross, is on 43rd Street between Eighth and Ninth Avenues. How to measure? On foot, Mr. Robbins's lawyers argued, the school is more than 1,000 feet away from the site of the arrest, because the shortest route is blocked by buildings. But as the crow flies, the authorities said, it is less than 1,000 feet away.

Law enforcement officials calculated the straight-line distance using the Pythagorean theorem (a2 + b2 = c2) measuring the distance up Eighth Avenue (764 feet) as one side of a right triangle, and the distance to the church along 43rd Street (490 feet) as another, to find that the length of the hypotenuse was - 907.63 feet.

Lawyers for Mr. Robbins argued that the distance should be measured as a person would walk it because "crows do not sell drugs." But in a unanimous ruling, the seven-member Court of Appeals upheld his conviction and held that the distance in such cases should be measured as the crow flies.

"Plainly, guilt under the statute cannot depend on whether a particular building in a person's path to a school happens to be open to the public or locked at the time of a drug sale," Chief Judge Judith S. Kaye wrote in the opinion.

Mr. Robbins is currently serving a 6-to-12-year sentence.

It is rather sad that we have to adjudicate such matters as whether 1000 feet actually means 1000 feet as measured in a straight line. I wonder, though -- had Robbins prevailed, would the courts have made an even shorter distance for individuals who are so drunk or high that they cannot walk a straight line?

And I'm curious -- will the ACLU argue that imposing an enhanced penalty for drug sales within 1000 feet of Holy Cross School constitutes a violation of the Establishment Clause?

Posted by: Greg at 09:40 AM | Comments (4) | Add Comment
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I wrote about the Lucas Dawson case not long ago.

Fortunately, there is a happy ending to the story for Dawson and his family. Lucas was cleared of the charge of voluntary manslaughter by the judge.

Sadly, there is also bad news for Dawson and his family. Lucas has had to leave his home to move to a safer neighborhood because of threats against his life from the rabid beasts in human form who engaged in an unprovoked attack upon him because of his sexuality. Those criminals remain at large, and face no charges for their actions.

Lucas Dawson began carrying a knife after being attacked while kissing his male lover in a South Philadelphia Park four years ago.

Now, after a second assault by gay bashers - one of whom he killed in self-defense - Dawson's thinking about getting a gun.

The 21-year-old was cleared yesterday of charges in the fatal stabbing of a 17-year-old boy who was among a group that attacked him near his East Mount Airy home on Oct. 29.

There was great relief at the Dawson home yesterday after the decision by a Municipal Court judge, but now the concern is his safety.

Last night, Dawson packed to leave home for fear of retaliation.

"I mean, seven guys jumped me, and one guy died," he said. "There's still six other people that want to hurt me.

"I fear for my safety, and that's why I'm moving away," he added. "I won't carry a knife on me anymore, but I am considering getting a gun permit."

David Diggs, the boyfriend of Lucas' mother, Lisa, said Lucas was not safe in the neighborhood any longer.

Now I find this situation rather shocking. Why hasn’t Philadelphia District Attorney Lynne Abraham seen to it that the perpetrators of this real anti-gay hate crime are prosecuted to the fullest extent of the law and that their victim is allowed to live with dignity in his home. After all, this is the same Lynne Abraham who was willing to prosecute Christian demonstrators for nothing more than exercising their First Amendment right on a city street when it offended the radical homosexuals. Let’s contact her and ask why she won’t deal with violent felons who attempt to physically harm homosexuals with the same level of tenacity she shows towards Christians who merely speak a message homosexuals do not want to hear.

Posted by: Greg at 01:30 PM | No Comments | Add Comment
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I wrote about the Lucas Dawson case not long ago.

Fortunately, there is a happy ending to the story for Dawson and his family. Lucas was cleared of the charge of voluntary manslaughter by the judge.

Sadly, there is also bad news for Dawson and his family. Lucas has had to leave his home to move to a safer neighborhood because of threats against his life from the rabid beasts in human form who engaged in an unprovoked attack upon him because of his sexuality. Those criminals remain at large, and face no charges for their actions.

Lucas Dawson began carrying a knife after being attacked while kissing his male lover in a South Philadelphia Park four years ago.

Now, after a second assault by gay bashers - one of whom he killed in self-defense - Dawson's thinking about getting a gun.

The 21-year-old was cleared yesterday of charges in the fatal stabbing of a 17-year-old boy who was among a group that attacked him near his East Mount Airy home on Oct. 29.

There was great relief at the Dawson home yesterday after the decision by a Municipal Court judge, but now the concern is his safety.

Last night, Dawson packed to leave home for fear of retaliation.

"I mean, seven guys jumped me, and one guy died," he said. "There's still six other people that want to hurt me.

"I fear for my safety, and that's why I'm moving away," he added. "I won't carry a knife on me anymore, but I am considering getting a gun permit."

David Diggs, the boyfriend of Lucas' mother, Lisa, said Lucas was not safe in the neighborhood any longer.

Now I find this situation rather shocking. Why hasnÂ’t Philadelphia District Attorney Lynne Abraham seen to it that the perpetrators of this real anti-gay hate crime are prosecuted to the fullest extent of the law and that their victim is allowed to live with dignity in his home. After all, this is the same Lynne Abraham who was willing to prosecute Christian demonstrators for nothing more than exercising their First Amendment right on a city street when it offended the radical homosexuals. A_WEBMAIL@phila.gov">LetÂ’s contact her and ask why she wonÂ’t deal with violent felons who attempt to physically harm homosexuals with the same level of tenacity she shows towards Christians who merely speak a message homosexuals do not want to hear.

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IÂ’ve been troubled by the decision of Dallas County prosecutors to seek an indictment against Juan Robles, the driver of that bus that burst into flames during the Hurricane Rita evacuation. As tragic as the deaths on that bus were, to me they did not add up to criminal conduct by the driver.

It seems like a grand jury agrees.

A grand jury declined to indict the driver of the charter bus that burst into flames and killed 23 Bellaire nursing home residents as they fled Hurricane Rita, Dallas County prosecutors said Monday.

The Dallas County Sheriff's Department had referred 23 counts of negligent homicide against Juan Robles Gutierrez, one for each death, to the district attorney, who presented them to the grand jury.

"I was always convinced that a grand jury or jury would vindicate my client of any responsibility in this," said Robles' attorney, George Shaffer. "My client is not a crook. He isn't a criminal. He didn't cause these people to die."

Shaffer said he expected Robles to be released from federal custody in Houston as early as today if federal immigration authorities set bail. He has posted a separate $50,000 bond in connection with his role as a witness in a federal probe into the fatal explosion and fire.

At Robles' home in Monterrey, Mexico, the 37-year-old bus driver's three older brothers said they were happy, but not surprised, that their brother was not charged with wrongdoing.

"It is very good news. We will sleep peacefully tonight," said Carlos Robles, 44, the eldest. "We are very happy, and we always had faith in the United States (legal system) and that things would turn out all right."

IÂ’m hoping that prosecutors go after those who failed to maintain the bus and who let it operate in this unsafe condition. That was not Robles.

Unfortunately, Robles is going to be released from federal detention. You may wonder why I say “unfortunately”.

Robles has been detained for unlawfully entering the United States in January, one month before he went to work for Pharr-based Global Limo.

If Robles is to be released, he ought to be released on the south-side of the US/Mexico border, with clear instructions not to return without legal paperwork.

Posted by: Greg at 02:46 PM | No Comments | Add Comment
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Eugene Volokh offers a great analysis of the opinions written by Samuel Alito as a Judge on the Third Circuit Court of Appeals.

What do we see here in Judge Alito? Not an O'Connor, Scalia or Rehnquist; rather, a judge with his own mix of conservatism, libertarianism and egalitarianism, a cautious jurist who seems likely to move the court toward a slightly more claimant-friendly view of free speech and religious freedom--and a slightly more government-friendly view of the Establishment Clause.

In other words, he will be a justice whose jurisprudence on First Amendment issues would be very close to my own views -- and, I believe, much closer to that of the Founders. Be sure to read this important article.

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I wish I had come up with this.

Professor Lino A. Graglia of the University of Texas School of Law compared the modern Supreme Court to Iran's "grand council of ayatollahs," which has the power to veto legislation at will. The court had become like Plato's "philosopher kings," Professor Graglia said, but worse: "Philosopher lawyers."

Could someone provide me with a link to GragliaÂ’s entire speech?

Posted by: Greg at 11:43 AM | No Comments | Add Comment
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I mean, who in their right mind would have thought that Weddington would have supported any GOP nominee?

The attorney who won the landmark 1973 Roe v. Wade decision that established abortion rights says she will likely oppose Samuel Alito's nomination to the Supreme Court, but is still studying his writings and opinions before taking a formal position.

"At this point, I will assume I will eventually come out against him," Sarah Weddington said Wednesday after a speech at Ohio State University. "The question we have to ask is, would we want to live in an America he would envision?"

Alito voted for a Pennsylvania decision that would have required a married woman to consult with her husband before seeking an abortion — a ruling that retiring Justice Sandra Day O'Connor voted with the majority to strike down.

Abortion will be a key topic at Alito's confirmation hearings in January. Alito, 55, recently told senators in a private meeting that he had "great respect" for the precedent set by the Supreme Court in Roe v. Wade but did not commit to upholding it.

I'm not sure what Judge Alito would do with Roe, as he has given mixed signals on the issue. But given that Weddington is one of the most extreme advocates of unrestricted, government-funded abortion on demand, wqhy would any person expect her to do other thna oppose any nominee to the right of Ruth Bader Ginsburg?

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Sounds like Chief Justice John Roberts is getting into the swing of things on the Court, with a bit of help from his new colleagues.

At the end of the first week of the Supreme Court's new term, the justices assembled to discuss the week's cases, and, following protocol, Chief Justice John G. Roberts Jr. stated his own views first. Then, in keeping with the court's tradition for the justices-only conference, the new chief called on the others, one by one.

He did so in order of seniority, referring to his colleagues in the most formal terms. First, "Justice Stevens," followed by "Justice O'Connor" and then "Justice Scalia."

Justice Antonin Scalia interrupted. "I will always call you Chief," he said. "But to you, I'm Nino, and this is Sandra, and this is John."

This vignette, described by Justice Clarence Thomas at a judicial conference in Colorado Springs late last month, is deliciously revealing of a Supreme Court in the midst of a generational shift.

A classy move by Scalia – but also one that is a necessity for a younger man joining a select group as not merely an equal, but as the senior among them.

Enjoy the Linda Greenhouse piece this anecdote comes from – it tells us how Roberts is touched by this change, and how his coming has lightened the mood of the Court.

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Regardless of my beliefs about the moral acceptability of homosexual activity, I have great respect for most gay men and women I know – and a great respect for the inherent dignity of every person regardless of sexual orientation. That’s why I find the outcome of this attempted gay-bashing to be quite satisfying up to a point, and outrageous in an entirely different sense

Lucas Dawson had just returned from an audition for "American Idol," and planned to tell his friends all about his experience on Oct. 29.

But while walking to the bus stop to catch a ride downtown, around 10:30 that Saturday evening, Dawson ran into four teenagers less than one block from his East Mount Airy home.

"They started calling him 'faggot,' saying 'You're gay,' stuff like that," said David Dawson, Lucas' stepfather.

Lucas Dawson crossed the street, near Upsal and Musgrave, to avoid trouble, but he later told his family, the group threw a basketball at him, rushed him, and started pummeling him.

"One of them punched him in the mouth," David Dawson said. "They knocked him to the ground. They kicked him. They stomped him. They called him faggot."

Dawson, 21, of Upsal Street near Magnolia, managed to get to his feet, and he pulled out a small pocket knife. He waved it at the crowd a few times, David Dawson said, trying to push them back.

Then, he ran.

Gerald Knight, 17, allegedly followed and then reached out to grab Dawson, who still had the knife in his hand.

During the ensuing struggle, Dawson plunged the knife into Knight's chest.
Knight, of Hortter Street near Chew Avenue, died at Einstein Medical Center less than an hour later, police said.

Sounds like justice to me, an act of self-defense that should be applauded. But instead, Dawson is facing voluntary manslaughter charges in KnightÂ’s death. And since his family could not raise bail, Dawson has spent a week in jail for protecting himself from further assault. If convicted, the only real victim this incident could face 30 years in jail.

WhatÂ’s more, the other assailants have already made it clear that they intend to crry out further violence against their victim.

One of the other teens told him, "Now we're going to have to shoot you."

Lisa Dawson said that even if the charges are dropped, she fears for her son's safety.

"I don't feel like he can come back home," she said. "There are three people out there who already made a threat."

I cannot tell from the article, but it seems like the real criminals in this incident remain free and have no charges pending.

The sad reality is that this whole situation could have been avoided if the government still believed that law-abiding free men and women have the right to defend themselves in the face of a vicious assault. And true justice in this case would have been done if Luca Dawson had been carrying a sidearm of size to have put down all four rabid animals who assaulted him whether the cause was his sexuality, robbery, or just plain old evil.

Posted by: Greg at 01:49 PM | No Comments | Add Comment
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Unbelievable! Why give the Democrats an extra month to manufacture dirt?

The Republican-controlled Senate will begin hearings Jan. 9 on Judge Samuel Alito's appointment to the Supreme Court, spurning President Bush's call for a final confirmation vote by year's end.

"It's simply wasn't possible to accommodate the schedule that the White House wanted," said Sen. Arlen Specter, R-Pa., chairman of the Senate Judiciary Committee. He outlined a schedule that envisions five days of hearings, followed by a vote in committee on Jan. 17 and the full Senate on Jan. 20.

I guess we just can't have Congresscritters working during the holidays like normal folks.

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