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October 21st, 2017

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The law is still an ass

News of the Weird by Chuck Shepherd

By News of the Weird by Chuck Shepherd

Published Oct. 22, 2014

The law is still an ass

In July, a panel of the U.S. Court of Appeals for the 6th Circuit in Detroit, ruling on a judicial corruption complaint, managed to describe the actions of a Michigan state judge, "Hon." Wade McCree, as "often reprehensible" -- in that he had been carrying on a romantic affair with a woman involved in a child custody case he was judging. (The woman, of course, received favorable rulings.) However, the Court of Appeals judges told the unlucky father that McCree cannot be sued because judges are generally immune from lawsuit. [Detroit Free Press, 7-26-2014]

Nick Olivas, 24, is a rare American. At age 14 (an age that, in Arizona, makes him legally incapable of consenting to sex), he fathered a daughter with a 20-year-old woman -- paternity that he learned of only two years ago. The mother filed against Olivas for child support that now totals $15,000. Olivas is rare in that most states exempt rape victims from child-support orders -- except that, since Olivas never made a police report of the incident, Arizona Child Support Services will not exempt him, and instead has obtained an order garnisheeing his wages at $380 a month. [Arizona Republic, 9-2-2014]

According to legal scholars consulted by the Associated Press, it is conceivable that Nicole Diggs, of Yonkers, N.Y., even if convicted of negligent homicide in the upcoming trial in the death of her severely disabled 8-year-old daughter, could nevertheless inherit the remains of the child's $2 million trust fund originally established for her care. Evidence is strong that Diggs had neglected the child's hygiene and diet for stretches at a time and overtrusted her less-caring new husband with the girl's well-being, but New York law uniquely still allows, in principle, a convicted mother to inherit from the child as long as she did not "intentionally" harm her. [Associated Press via MSN.com, 9-1-2014]

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