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Feb 6, 2013
02/13
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joey jackson mentioned federal law. this is state law. what happens? >> the courts have to sort it out. there's a doctrine of law called preemption, does the federal law preempt? this came about because of the tobacco litigation in the '90s. a lot of lawyers said tobacco is so dangerous, we can just sue the manufacturers, it ultimately led to a gigantic settlement. they said look, why don't we do the same thing with guns? we'll start suing gun manufacturers. and the nra mobilized and said congress, stop this. and congress did. in 2005 in that law and said there can be no lawsuits against gun manufacturers. now in certain states that are under democratic control like colorado, the legislators are saying no, we want to revisit the issue. we want to allow gone manufacturers to be sued. they are the ones profiting from having guns on the street. it's a very tough call. i don't know how a court would sort out the federal versus state, if colorado actually passes this law. >> so often you tell me that federal law trumps state law, when push comes to shove. w
joey jackson mentioned federal law. this is state law. what happens? >> the courts have to sort it out. there's a doctrine of law called preemption, does the federal law preempt? this came about because of the tobacco litigation in the '90s. a lot of lawyers said tobacco is so dangerous, we can just sue the manufacturers, it ultimately led to a gigantic settlement. they said look, why don't we do the same thing with guns? we'll start suing gun manufacturers. and the nra mobilized and said...
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Feb 7, 2013
02/13
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joining me live is senior legal analyst jeffrey to be and i know defense attorney joey jackson. joey, let me begin with you. i keep wondering if this man is a dead man walking. they will either get him in a hail of bullets, or he will undoubtedly be up on a death penalty charge, if they catch him alive. >> yes. this is the type of story you don't think is going to end well. here's a person who apparently wanted to be a police officer all his life, was fired for whatever reasons they had to fire him. he apparently has a vendetta he wants to take out on everyone. so certainly a person like this whose admitted in his postings that he's depressed we know he's deranged. i don't have the feeling this will end well such there could ultimately be a capital murder prosecution. we will see. >> this underlines what we have been talking about so much. how do you know in advance who is going to snap in this way. there is no profile. there's an incredible piece in the current issue of the new yorker about the 45-year-old biology professor at the university of alabama who opened fire on a clas
joining me live is senior legal analyst jeffrey to be and i know defense attorney joey jackson. joey, let me begin with you. i keep wondering if this man is a dead man walking. they will either get him in a hail of bullets, or he will undoubtedly be up on a death penalty charge, if they catch him alive. >> yes. this is the type of story you don't think is going to end well. here's a person who apparently wanted to be a police officer all his life, was fired for whatever reasons they had...
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Feb 15, 2013
02/13
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and joey jackson is back with us now. weigh in, jeff, when does the parents' right get superseded by the government's right to parent a child? >> boy, this is a really hard case. and i've followed abortion law for a long time. and i've never seen a case like this. there are many cases, there are many laws, that say minors who want to get an abortion have to get parental consent. if there's a disagreement -- if the child wants an abortion and the parents don't want to allow it, a judge can get involved. here, i think, though, i mean, you're talking about, abortion is an issue of individual atopmy. and i don't see how any court will ever force anyone young or old to get an abortion. i would think it would be up to the young girl not to get an abortion. >> here's what i don't understand, roe versus wade protects the girl's right to choose. does bellotti versus baird give that same right? why don't you jump on that, joey. >> i think she prevails. why does she prevail? what happens is, there's a conflict, certainly, we respect
and joey jackson is back with us now. weigh in, jeff, when does the parents' right get superseded by the government's right to parent a child? >> boy, this is a really hard case. and i've followed abortion law for a long time. and i've never seen a case like this. there are many cases, there are many laws, that say minors who want to get an abortion have to get parental consent. if there's a disagreement -- if the child wants an abortion and the parents don't want to allow it, a judge can...
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Feb 21, 2013
02/13
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jeffrey toobin and joey jackson, is there a legal defense for the people who allowed this to happen? >> sure, there's always a defense. the issue is going to be, did they engage in aiding, abetting and having them fight. if they did, that's problematic because that's reckless engage ur dangerment, endangering the welfare of a child and other charges, potentially assault. however, if there were people there present and just observing it, then mere presence constitutes a defense, but if you're encouraging them, it's problematic. >> it's horrific. you feel for the girls. one of the girls doesn't want -- she's really kind of not doing it at first. and you can hear adult voices goading her on. is this a crime being committed, or just really bad acting all the way around? >> i think it's important not to make sweeping judgments about a crime or absence base on a short piece of video tape. obviously what the police should do is find out who the girls are, who the parents are, what kind of idiot takes a video like that and doesn't step in and stop what's going on. first thing to do is make s
jeffrey toobin and joey jackson, is there a legal defense for the people who allowed this to happen? >> sure, there's always a defense. the issue is going to be, did they engage in aiding, abetting and having them fight. if they did, that's problematic because that's reckless engage ur dangerment, endangering the welfare of a child and other charges, potentially assault. however, if there were people there present and just observing it, then mere presence constitutes a defense, but if...
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Feb 18, 2013
02/13
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from "in session" on trutv, joey jackson. in 2002 the supreme court said because of their abilities in areas of reasoning x judgment and control of their impulses, mentally disabled people do not act with act with the level of moral culpability that character ices the most serious adult conduct. given what the supreme court said, paul, how is warren hill a condemned man? >> well, you have to say, how can georgia do this. when you look at the underlying case. yeah, you always have to start with the underlying case. he was in prison for having shot his girlfriend. i think he shot her eight times. she was on the ground pleading for her life when he pumped the last bullets into her. he goes to prison and then bludgeons a person in prison with a two by four studded with nails. let's get to the mental retartation thing. the u.s. supreme court said we don't put mentally retarded people to death but we'll let the states determine who's restarted and who's not. he was 70, borderline retardation. but how do you conduct yourself in ordi
from "in session" on trutv, joey jackson. in 2002 the supreme court said because of their abilities in areas of reasoning x judgment and control of their impulses, mentally disabled people do not act with act with the level of moral culpability that character ices the most serious adult conduct. given what the supreme court said, paul, how is warren hill a condemned man? >> well, you have to say, how can georgia do this. when you look at the underlying case. yeah, you always...
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Feb 15, 2013
02/13
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. >> joey jackson, he said he knows he has to talk to a lawyer and file a complaint. as jeffrey toobin says, there's a big difference in the letter of the law and spirit of the law. what do you think applies whoer? >> there is, but it's also about community participation. what do we want to reward here? if you look at it from a legal perspective what you look at is contract law and contract law finds common sense, why? because it's about equity. it's about rewarding people and not having them unjustly enriched. now, stepping away from the law, police want community participation. so the wise thing to do, ashleigh, is to encourage that by rewarding the money to those who assisted the police with this issue and many others, i'm sure to follow. >> jeff toobin to button it up. if this ends up getting messy and no one ends up with the money, what happens -- it's a big pot for a number of different groups. what happens to the money? >> it goes back to the donors. if it's not distributed, it's not a gift to the lapd, it has to go to the people who gave it. but i really do th
. >> joey jackson, he said he knows he has to talk to a lawyer and file a complaint. as jeffrey toobin says, there's a big difference in the letter of the law and spirit of the law. what do you think applies whoer? >> there is, but it's also about community participation. what do we want to reward here? if you look at it from a legal perspective what you look at is contract law and contract law finds common sense, why? because it's about equity. it's about rewarding people and not...
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Feb 27, 2013
02/13
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defense attorney joey jackson on the case with me today. joey jackson, good to see you here. >> how are you, brooke? >> i'm great. does the law require bartenders, doesn't it require them to report people who are incredibly inebriated? >> well, here's the problem. this is more of an issue of morality than legality because if you look at it, it is an employment at will issue. what does that mean? it means that most states, in fact almost every state in america, you're an employee at will. you can be hired or fired for any reason or no reason as long as it is not predicated upon discrimination. only montana, brooke, requires that there be some meaningful purpose, they call it the wrongful discharge statute, but otherwise she could be terminated. so, i mean, there is -- to the extent that she did report this issue, she reported it to the police and reporting it to the police, i think her employer took a little bit of offense to it. though minds will disagree as to whether it was proper or improper. >> next case, my friend, the u.s. supreme cou
defense attorney joey jackson on the case with me today. joey jackson, good to see you here. >> how are you, brooke? >> i'm great. does the law require bartenders, doesn't it require them to report people who are incredibly inebriated? >> well, here's the problem. this is more of an issue of morality than legality because if you look at it, it is an employment at will issue. what does that mean? it means that most states, in fact almost every state in america, you're an...
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Feb 22, 2013
02/13
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defense attorney joey jackson is on the case. joey, good to see you again. the defense asked for a retrial. it got denied. will peterson ever get a new trial, or what circumstances would he? >> it seems unlikely, fredricka. now what the attorneys were trying to do was to get him a new trial under ineffective assistance of counsel grounds and that means basically that my lawyer messed up in common, plain english. the are problem is that this is a matter of trial strategy. briefly with regard to the trial, it was hotly contested testimony that was allowed in. hearsay testimony, right? there were his wife who went missing, was allowed to it testify from the grave saying, i fear him. he's going to kill me and, are guess what, she did die. his fourth wave, who he has not been charged for, as you noted, also statements were allowed in and harry smith, a divorce attorney from his fourth wife, was called by the defense, and the defense in eliciting testimony said on the stand could i -- this was his testimony as he testified. he testified that his fourth wave, stacy
defense attorney joey jackson is on the case. joey, good to see you again. the defense asked for a retrial. it got denied. will peterson ever get a new trial, or what circumstances would he? >> it seems unlikely, fredricka. now what the attorneys were trying to do was to get him a new trial under ineffective assistance of counsel grounds and that means basically that my lawyer messed up in common, plain english. the are problem is that this is a matter of trial strategy. briefly with...
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Feb 20, 2013
02/13
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the defense attorney joey jackson is on the case. joey, good to see you. does trump have a case? >> well, listen, i have to be careful in speaking about this because i don't want to be sued and i don't want you to be sued either. >> are you wearing a trump tie? >> no. >> okay, just checking. >> ultimately what happens is there's something called interference of contractual relations and that's when a party intervenes. the problem here, fredricka, it's protected conduct. this person believes donald trump shouldn't have that line. he has expressive opinions. he's getting a petition together and remember that thing called the first amendment? it's protected. >> freedom of expression. he's speaking his mind. what's the matter with that? >> absolutely. >> but then how is it donald trump and his attorneys can say we're going to take issue with this and make it a legal matter? is. >> because what they're saying is that he's doing it in a malicious way, that he's attempting to impair his business relations, that is donald trump's relations, with macy's and he has no real lawful purpose.
the defense attorney joey jackson is on the case. joey, good to see you. does trump have a case? >> well, listen, i have to be careful in speaking about this because i don't want to be sued and i don't want you to be sued either. >> are you wearing a trump tie? >> no. >> okay, just checking. >> ultimately what happens is there's something called interference of contractual relations and that's when a party intervenes. the problem here, fredricka, it's protected...
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Feb 21, 2013
02/13
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. >> defense attorney joey jackson is on the case. how do you think this line of questioning is working for the prosecution? seems aggressive, but seems awfully cool and unshaken. >> he's going to make a lot of progress. this is a person, the defendant who has so many memories of everything. remembers every detail and yesterday when she was testifying, she lapses on the memory as it relates to the murder. what he is doing now is impeachment. what does it mean? it means i am going to show that you are lying and misrepresenting the truth. all of a sudden you mentioned that he broke your finger and you mentioned all these things. he was involved with little boys? you have a journal where you can document and report things. nobody else will see it but you and there is nothing in there about it. what does that tell you, ladies and gentlemen of the jury? that's what he issing us. >> the story about the finger, trying to underscore that there have been inconsistencies and her story has changed. is this an effective approach to convince the j
. >> defense attorney joey jackson is on the case. how do you think this line of questioning is working for the prosecution? seems aggressive, but seems awfully cool and unshaken. >> he's going to make a lot of progress. this is a person, the defendant who has so many memories of everything. remembers every detail and yesterday when she was testifying, she lapses on the memory as it relates to the murder. what he is doing now is impeachment. what does it mean? it means i am going to...
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Feb 25, 2013
02/13
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. >> everyone in michael jackson's life was out to use him. (vo) no one brings you more documentaries that are real, gripping, current. hey, i'm joey aragon. see that film? people call me about this every day. my dishwasher must be broken. you know, it's not always the machine. it may be the detergent. add finish power up to boost your detergent and you'll see a huge difference. watch what it can do. look at that sparkle! now that's clean! cloudiness! spots! tough stains! even dishwasher build-up! gone! just like that! so don't give up. add finish power up. wow! see the difference! it's a must have! the bar harbor bake is really worth trying. [ male announcer ] get more during red lobster's lobsterfest. with the year's largest selection of mouth-watering lobster entrees. like our delicious lobster lover's dream, featuring two kinds of succulent lobster tails. or our savory, new grilled maine lobster and lobster tacos. it's back, but not for long. [ woman ] our guests go crazy for lobsterfest. my favorite entree is the lobster lover's dream. wh
. >> everyone in michael jackson's life was out to use him. (vo) no one brings you more documentaries that are real, gripping, current. hey, i'm joey aragon. see that film? people call me about this every day. my dishwasher must be broken. you know, it's not always the machine. it may be the detergent. add finish power up to boost your detergent and you'll see a huge difference. watch what it can do. look at that sparkle! now that's clean! cloudiness! spots! tough stains! even dishwasher...