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Judicial Opinion: “(D)on’t Let a Pistol-Packing Mother Catch
You Naked in Her Daughter’s Closet.”
The United States Court of Appeals for The Eleventh Circuit
delivered the opinion on Friday in a case brought by one
Larry D. Butler (19), against Sheriff of Palm Beach County
and Dorethea Collier (the mother of the daughter). Here’s
the first paragraph of the judgment quoted verbatim:
. . . “In one of his ballads, Jim Croce warned that
there are four things that you just don’t do: “You don’t tug
on Superman’s cape/ You don’t spit into the wind/ You don’t
pull the mask off that old Lone Ranger/ And you don’t mess
around with Jim.” He could have added a fifth warning to
that list: “And you don’t let a pistol-packing mother catch
you naked in her daughter’s closet.””
. . . The judicial opinion notes that it all started
with a phone call by nineteen-year old Uzuri to Butler who
was of similar age. . . .
The judgment reads: “Once Butler was at Uzuri’s
house, he and she consented to watch television for a while.
Then they consented to do what young couples alone in a
house have been consenting to do since the memory of man
(and woman) runneth not to the contrary. The record does not
disclose how long these two young people had known each
other in the dictionary sense, but that afternoon in Uzuri’s
bedroom they also knew each other in the biblical sense.
While doing so, and while clothed in the manner that is
customary in such matters, which is to say not at all, they
heard someone coming into the house.”
Judge: Convicted madam to get her 2 little girls back
Kimberly Miniea will get her two kids back, a judge ruled
Friday. . . . A
notorious west suburban madam will get her two little girls
back, a Cook County judge ruled Friday.
. . . Kimberly
Miniea’s lawyer had argued that, although Miniea “might not
have a family like a 1950s sitcom . . . it’s still a real
family” and the girls — 3 and 9 years old — should be
returned from foster care to Miniea, who unofficially
“adopted” them at birth from a heroin-addicted prostitute. . . . On Friday, Juvenile Court Judge Richard Stevens agreed.
. . . Stevens said he believes Miniea is no longer
involved in prostitution.
Woman claims deputy
balked at breast-feeding
A Skokie woman is suing Cook County, claiming a sheriff’s
deputy tried to stop her from breast-feeding by demanding
she move from a courthouse lobby to a public bathroom — a
request she says was not only illegal, but “degrading.” . . . Natalie Petrovic, a first-time mom who lives in Skokie,
filed the suit Wednesday in Cook County Circuit Court
against Sheriff Tom Dart and Cook County.
. . . She was at the county Municipal Courthouse in
Skokie on April 18, waiting to apply for food-assistance
benefits and covering herself and her daughter with a
blanket when a female deputy approached her, the suit
claims. The deputy told her to either stop breast-feeding or
move to the public bathroom. Illinois legislators passed the
state’s Right to Breastfeed Act in 2004, which says mothers
may breast-feed in any public or private location where they
are otherwise allowed to be, even if they aren’t modestly
US Judge: Woman Who Sent Back Russian Boy Must Pay
An American woman who adopted a Russian boy and later sent
him back to Moscow on a one-way flight has been ordered to
pay $150,000 and cough up an additional $1,000 a month in
child support. . . .
On Thursday a Bedford County, Tenn., judge said Torry
Hansen must begin making the child support payments in June
and continue to pay until the boy, who is now 9 years old,
turns 18. Circuit Court Judge Lee Russell said the $150,000
Hansen must pay includes damages for breach of contract,
legal fees and support for the boy.
. . . Hansen sent Artyom Saveliev back to Russia in
April of 2010 with a letter saying the child was disturbed,
violent and she didn't want him anymore. The incident
created an international uproar and prompted Russia to
temporarily put a moratorium on its adoption program with
Teacher fired over
pregnancy can sue religious school
A U.S. appeals court on Wednesday revived a Florida
teacher's lawsuit against the Christian school that fired
her after she confessed to conceiving a child before her
marriage. . . .
Overturning a lower court ruling in the school's favor, the
Atlanta-based U.S. Court of Appeals for the
found that Jarretta Hamilton was entitled to a trial on her
claims of pregnancy discrimination by the Southland
Christian School Inc in St. Cloud, Florida.
. . . Hamilton, a
fourth-grade teacher at the religious school, informed
administrators in April 2009 that she was pregnant and
needed to take maternity leave. During the conversation, she
admitted that she had conceived the child three weeks before
her February wedding. . .
. One week later, the school fired her. Administrator
John Ennis explained that "there are consequences for
disobeying the word of God," according to the court opinion.
Tri-City moms rally at Benton County Justice Center
About 30 Tri-City moms, toddlers, babies and supporters
gathered Monday at the Benton County Justice Center in
Kennewick to rally for a change in state law that would
allow nursing moms to ask for long-term deferments from jury
duty. . . . Their desire to see a family friendly jury duty law started
when Richland mom Amanda Walley had trouble getting her jury
service deferred. . . .
Although Walley was able to get a three-month
deferment approved by a Superior Court judge last week, she
and others still showed up for a few hours Monday with
picket signs to make their point and to encourage a change
in state law.
This Mother's Day, More
Moms Paying Child Support
In addition to receiving flowers and cards this Mother's
Day, an increasing number of moms will also be setting aside
time to send out child support and alimony checks. . . .
a recent survey of the
American Academy of Matrimonial Lawyers (AAML),
56 percent of the nation's top divorce attorneys say that
they have seen an increase in the number of mothers paying
child support during the past three years, while 47 percent
also note a rise in women being responsible for alimony
throughout the same time period. . . . Of course, there are
many reasons our members cite this increasing trend over the
past several years. As women continue to achieve success in
their careers, they will likely make more than their spouses
in a number of instances.
Mother jailed for
baptizing her son without her ex-husband's consent...
because it breached their divorce contract
A woman was jailed for one day after letting her 12-year-old
son get baptized without consulting the boy’s father, her
ex-husband on the decision.
. . .Stephanie and
Stephen Miller's divorce contract states that decisions,
including those on religious upbringing, about their
children must be made together – and the boy's mother was
dragged to court. . . . Both the boy's parents attended the baptism ceremony at a
local church in Knoxville, Tennessee- but Steven Miller
argued he should have been part of the original decision.
Federal appeals judge stops Planned Parenthood injunction,
allows women’s health law
A federal appeals judge stepped into the fight over the
Texas Women’s Health Program on Tuesday, saying he wanted to
hear arguments on whether the state should be prevented from
enforcing a law that bans Planned Parenthood from
participating in the program.
. . . Less than 24 hours after a federal judge in
Austin ordered Texas not to enforce a rule banning clinics
associated with abortion providers from receiving state
funds, Fifth Circuit Appeals Judge Jerry Smith granted Texas
an emergency stay lifting the Austin court’s order.
. . . Smith gave attorneys representing the eight
Planned Parenthood organizations involved in the suit until
5 p.m. on Tuesday to present their arguments.
. . . “We are disappointed in the stay granted last
night,” said Sarah Wheat, interim CEO of Planned Parenthood
of Austin Family Planning. “When presented with both sides,
the District Court agreed the rule was likely
unconstitutional, and that implementation would cause a
serious problem with health care access for Texas women
Circuit Split Watch: A
New Abortion Battleground
This article first appeared
in the April 30, 2012, issue of the National Law Journal's
Supreme Court Insider.
In a matter of days, a new battle over abortion could reach
the U.S. Supreme Court. At issue is whether states can
require doctors to perform ultrasounds on women seeking
abortions, and to display and describe the fetal images to
them. Federal courts have recently split on the question.
. . . According to an April report from the
Guttmacher Institute, a pro-choice think tank, more than
twenty states regulate pre-abortion ultrasounds. But
provisions vary, ranging from written information provided
to mandatory ultrasounds. Three states, North Carolina,
Texas, and Oklahoma, have the most stringent requirements.
Woman gets 2 life terms
for raping infant daughter
judge sentenced a Missouri woman to consecutive life prison
terms for sexually assaulting her infant daughter along with
a California man she met online. . . . Attorneys for 22-year-old Tessa Vanvlerah, of Ballwin,
failed to persuade St. Louis County Circuit Judge Colleen
Dolan to sentence their client Monday only to probation,
because they argue that a psychological disorder is largely
to blame for her crimes, the St. Louis Post-Dispatch
reported (http://bit.ly/IE2USO ).
. . . Vanvlerah pleaded guilty in January to incest,
statutory sodomy and statutory rape in the attacks against
her daughter, who is 3 but who was 5 months old when the
pair first attacked her. The woman who fostered and then
adopted the girl said initially, the girl would scream when
anyone bathed her or changed her diaper. She still has night
terrors and asks at each bedtime to make sure nobody else
comes into the home. . .
. However, she said the girl is improving day by day
and "is no longer Tessa's plaything and she is no longer
TRACKING YOUR CHILD HAS NEVER BEEN EASIER!!!
Alert is A Victims-of-Law
Woman Sentenced to 10
Years for Taking Meth While Pregnant Attracts ‘National
Army’ of Supporters
A chemical endangerment law passed to protect children from
meth labs has been used to prosecute about 60 women in
Alabama who took drugs while they were pregnant.
. . . Among them is Amanda Kimbrough, who received a
10-year sentence when she tested positive for
methamphetamine after the birth of her son, the
New York Times Magazine
reports. The premature baby died 19 minutes after birth, and
prosecutors said the death required a mandatory sentence
under the law.
Pa. appeals court upholds
awarding of embryos to wife
For the first time, a Pennsylvania appeals court has
confronted the complex question of who gets custody of
embryos, ruling this week in favor of a Chester County woman
who hopes to give birth using frozen embryos that her
estranged husband wants destroyed.
. . . The Superior Court decision upheld a lower
court, but ran counter to the small body of national case
law on embryo custody. In six other states where high courts
have grappled with disputes over frozen embryos, they
concluded that parenthood should not be forced on an
unwilling person. . . .
The Chester County couple, Andrea Lynn Reiss and Bret
Howard Reber, underwent in vitro fertilization in early 2004
- three months after she was diagnosed with breast cancer at
age 36 - because they feared cancer treatment would leave
her infertile, according to court documents.
. . . Thirteen embryos were created with her eggs and
his sperm, then she underwent surgery, followed by eight
cycles of chemotherapy, and 37 rounds of radiation.
. . . Reber filed for divorce in December 2006 and
later fathered a child with another woman.
Total Injury is a
Booted from Plane Wins Secret Delta Settlement, 2 Other
Carriers to Pay $20K
A New Mexico woman who said she was ordered off a Delta
Connections flight in Vermont in 2006 after she refused an
offended flight attendant's demand to cover herself with an
airline blanket has settled her civil rights case over the
incident. . . .
According to Emily Gillette, who is now 32, she had her
toddler daughter positioned with her head toward the aisle,
so her breast wasn't publicly exposed, the
Burlington Free Press
reports. . . . The
complaint Gillette filed in U.S. District Court in
Burlington in 2009 also said she and her family were seated
in the rear of the plane.
Appeals court rules against mistress in alienation of
The N.C. Court of Appeals has ruled against a Forsyth County
woman challenging the constitutionality of a law that allows
people to sue their spouse's lover.
. . . Veronica
Filipowski, ex-wife of former Winston-Salem Dash team
co-owner Andrew "Flip" Filipowski, is suing Melissa Oliver
for damages in Forsyth Superior Court under North Carolina's
alienation of affection law. She alleges that Oliver's
affair with her husband ruined their marriage.
. . . Oliver filed a
motion to dismiss the lawsuit in Forsyth Superior Court,
which was denied. She appealed the decision to the N.C.
Court of Appeals, arguing that the laws on alienation of
affection and "criminal conversation" (a legal term for
extramarital sex) violate rights to privacy and free speech.
Mom Ordered to Pay Child Support for Adopted Boy She Sent
Back to Russia
An American woman who
sent her adopted son back to Russia has been
ordered to pay child support to the adoption agency, which
plans to hold the money in trust for the child.
. . . Judge Lee
Russell of Shelbyville, Tenn., entered a default judgment
against Torry Hansen on Wednesday, according to the
Associated Press and the
Shelbyville Times-Gazette. The amount to be paid
will be determined at a hearing in May.
Same-sex custody battle could change Florida law
A custody battle in Florida between two lesbians could fuel
the growing national debate over the definition of
. . . It also might
force state lawmakers to reconsider a 19-year-old law
regarding the rights of sperm and egg donors.
. . . The women, now
in their 30s and known in court papers only by their
initials, were both law enforcement officers in Florida. One
partner donated an egg that was fertilized and implanted in
the other. That woman gave birth in 2004, nine years into
Mom May Face Contempt in Russia Adoption Case
An American woman who sent her 7-year-old adopted Russian
son back to Moscow has been ordered by a Tennessee judge to
appear in court to face a possible motion for contempt.
. . . Attorney Larry
Crain represents the adoption agency and the boy, Artem
Saveliev. Crain said mother Torry Hansen, formerly of
Shelbyville, Tenn., has not appeared at three noticed
depositions, the last one scheduled for Monday.
. . . On Thursday,
Bedford County Circuit Court Judge Lee Russell ordered
Hansen to appear in court on March 7 when the judge will
consider whether to hold Hansen in contempt of court. He
also will consider a motion for a default judgment against
. . . The adoption
agency, World Association for Children and Parents, is suing
Hansen for breach of contract and for child support for the
boy. Artem now lives in Russia but Crain said he still is an
American citizen and Hansen still is legally his mother
under U.S. law, although the adoption was revoked in Russia.
Retired Mass. judge
defends ruling ordering abortion, sterilization for
A retired Massachusetts judge is defending her decision to
order a mentally ill woman to have an abortion and be
sterilized against her wishes. . . . Christina Harms is also
criticizing Boston University for withdrawing a job offer
after her ruling sparked controversy and was overturned by
the state Appeals Court.
Alabama Supreme Court
Issues Landmark Wrongful Death Opinion for Pre-Viable Infant
Today the Alabama Supreme Court
issued a unanimous ruling
that a mother may pursue a wrongful death claim on behalf of
her pre-viable unborn child. In the case of Hamilton v.
Scott, Amy Hamilton filed suit against several doctors and a
medical group for the wrongful death of her unborn child,
claiming that the lack of proper medical intervention
resulted in the child’s death, which all the experts agreed
was at the pre-viable stage of pregnancy and could not have
survived if born at that stage of pregnancy.
. . . Justice Tom Parker, joined by three other
Justices, issued a special concurring opinion, in which he
specifically addressed that Roe v. Wade does not prevent
such a ruling and that viability is arbitrary and changes
with medical technology. Parker wrote that Roe is out of
step with every other area of law in which many state
legislatures and courts have recognized the rights of the
unborn child in wills and estates, tort or criminal law, and
more. Parker also cites a prior ruling of the Alabama
Supreme Court in Wolfe v. Isbell, 291 Ala. 327, 330-31,
280 So. 2d 758, 768 (1973), in which the court wrote “that
from the moment of conception, the fetus or embryo is not a
part of the mother, but rather has a separate existence
within the body of the mother.”
DC Law Firm Accused of
Un-Hiring Pregnant Woman
On the heels of an announced push to strengthen
workplace-discrimination protections for pregnant woman and
caregivers, the Equal Opportunity Employment Commission sued
a Washington D.C. law firm Thursday for allegedly rescinding
a job offer to a prospective associate after learning she
was pregnant. . . . Law firms have been in the EEOC’s sights in
because of mandatory retirement policies that the agency
says discriminated against older attorneys at firms such as
Sidley Austin and Kelley Drye.
. . . According to the EEOC,
James E. Brown &
offered a job to Zorayda J. Moreira-Smith in January of
2011. Moreira-Smith then contacted the office’s business
manager via email around Jan. 6 to ask about the firm’s
maternity leave policy, among other things, and also said
that she was six months pregnant. That same day the business
manager emailed Moreira-Smith and rescinded the job offer,
EEOC said. The firm allegedly continued to advertise for the
job and within three months hired two associates who were
False Allegations Led to Amber Alert
Mother concocted molestation
story, father's attorney says
Jessica Smith, the 11-year-old Fort Worth girl who was the
focus of an Amber Alert, admitted that her mother concocted
a story about her father molesting her, which enraged her
mother and led to the nationwide search, the father’s
attorney said Monday. . .
. The Smiths are in the middle of a nasty divorce and
child custody fight. . . . NBC 5 has learned the girl made the admission to a school
counselor on the same day police say her mother, Kimberly
Smith, assaulted her and then disappeared with her that
night. . . . The
two were found Sunday, hungry and exhausted, in a remote
area of northern New Mexico, police said.
Ann Pettway pleads guilty to baby kidnapping charges
Ann Pettway, the woman who kidnapped a newborn from a New
York City hospital more than two decades ago and raised the
girl as her own, pleaded guilty Friday to a kidnapping
. . . Pettway, 51,
briefly recounted how she took a train from her home in
Bridgeport, Connecticut to Harlem Hospital. This is where
she scooped up Carlina White, a 3-week-old baby who had been
brought to the emergency room by her parents.
. . . "I went to the
hospital. I took a child," she said. "It was wrong."
. . . As part of her
plea bargain, prosecutors agreed to recommend between 10 and
12 1/2 years in prison, although the actual term will be set
by a judge.
. . . As Pettway
admitted her guilt, Carlina's birth mother, Joy White,
quietly cried in the courtroom gallery. Afterwards, she told
reporters that she was outraged at the plea bargain and felt
a decade in prison would be too light a punishment for the
woman who had robbed her so cruelly.
Homeless Woman Charged with Theft for Enrolling Son in
Norwalk, Conn., School to Enter Guilty Plea
A Bridgeport, Conn., woman
charged in April with stealing more than $15,000
in funds from the Norwalk, Conn., school district for using
her baby-sitter's address in that city to get her son into
school there will enter a guilty plea to those charges—as
well as to two charges of sale of narcotics.
. . . Darnell
Crosland, said that his client, Tonya McDowell, maintains
her innocence on the Norwalk charge but agreed to take the
plea bargain rather than keep fighting, the
Connecticut Post reported. Assistant State's
Attorney Michael DeJoseph told the Post that he is
recommending a 5-year prison term for McDowell on the
narcotics charges. Whatever sentence she receives on the
larceny charges would be served concurrently, according to
the plea bargain.
Woman says judge's ruling on pumping breast milk was unfair
A woman whose firing from her job over a request to pump
breast milk was supported by a Texas judge said on Thursday
the decision was unfair and discriminatory, and her lawyer
an appeal was under consideration.
. . . Donnicia
Venters, who worked at a debt collection agency called
Houston Funding, gave birth to a daughter in December, 2008.
When she told a vice president of the company on Feb 17,
2009 that she wanted to make arrangements for a private
place to pump breast milk she was told her position had been
. . . She received a
termination notice in the mail a week later back-dated to
February 16 citing "job abandonment," said Tim Bowne, a
lawyer for the Equal Employment Opportunity Commission, who
. . . Venters sued
the company but Judge Lynn Hughes last week dismissed the
case, saying the complaint was not covered by a provision of
the Civil Rights Act that prohibits discrimination because
TOO MUCH FOR CAR INSURANCE?
Federal Judge Nixes EEOC Breast Milk Pumping Case, Finds No
COA re ‘Lactation Discrimination’
A federal judge in Texas says a mother was not protected by
law from losing her job even if it's true she was fired for
asking to pump breast milk at work for her baby.
. . . "Lactation is
not pregnancy, childbirth, or a related medical condition,"
and hence there is no cause of action for "lactation
discrimination" under federal civil rights law protecting
pregnant women, said U.S. District Judge Lynn Hughes in a
opinion (PDF) last week in the Houston case, to
KTRK provides a link.
Judge ends parental rights of mom who abandoned newborn
Boy found outside Wheaton
apartment building to remain in custody of foster parents
A toddler would be better off with his foster family than
with his mother, a Myanmar refugee who abandoned him outside
a Wheaton apartment building, a DuPage County judge ruled
. . . Judge Robert
Anderson ended the parental rights of Nunu Sung, saying he
would appoint a state guardian who would have the legal
right to approve the child's adoption.
. . . The judge said
his ruling took into account the best interests of the boy,
who was born in June 2009.
. . ."Clearly, that
is with the only family the child has ever known and not
with his mother," Anderson said.
. . . Terra Costa
Howard, one of Sung's attorneys, said they plan an appeal.
Judge says he was forced to dismiss challenge to Texas
U.S. District Judge Sam Sparks dismissed a lawsuit
challenging Texas' pre-abortion sonogram requirement, saying
Monday that he had no choice despite his continued belief
that the law violates the U.S. Constitution.
. . . Sparks said his
hands were tied by last month's federal appeals court ruling
that found the sonogram law to be an appropriate exercise of
the state's power to regulate the practice of medicine.
. . . But in his
order dismissing the lawsuit by abortion providers, Sparks
took issue with the appeals court ruling, saying it
"eviscerated" the free speech rights of doctors to support a
law that improperly limits a physician's ability to exercise
Mother fighting Social Security Administration may set court
A child conceived after his father's death. Should his
mother have a legal right to Social Security benefits? One
Utah woman says yes and is taking her case to the Utah
. . . Gayle Burns
gave birth to a baby boy through in-vitro fertilization
after her husband Michael died. She says Michael paid into
the social security system, and their child has the right to
his survivor benefits.
. . . "He used it for
training and he used it for Darth Vader,” says young Ian,
playing with his light saber, pretending to be Luke
Skywalker. Then continues in an accent, "this is captain
...prepare my ship for immediate takeoff."
. . .
The 8- year-old Star
Wars fan never met his father, but he knows "the year was
like 2001." That's the year his father, Michael died from
. . . "I remember
breaking down in our bedroom just it can't be, it can't be.
He's 24; this can't be we just started our whole life
together," says Gayle Burns.
. . .
Gayle and Michael
began a life together in 1997. Three years later their lives
changed when the pre-med student was diagnosed with
non-Hodgkin’s lymphoma. Because chemotherapy would make
Michael sterile; he had his sperm frozen. The couple planned
to have children and doctors told them his chances of
survival were good.
. . . "He and I
discussed in the event that i die, which was highly
unlikely, which we never actually considered but he said if
I do die, I want you to have the baby," and she did have his
baby. Two years after his death.
Queens judge steps down from wrenching custody battle amid
accusations by boy's mother
TV commentator says son is
suicidal and judge is to blame
A Queens judge has decided to back out of a wrenching
custody battle involving a 10-year-old boy whose TV
commentator mom accused the judge of putting suicidal
thoughts in the boy's head.
. . . Queens Supreme
Court Justice Sidney Strauss announced Friday that he will
hand off the case involving Fordham University Law professor
Annemarie McAvoy to another judge.
. . . Strauss didn't
address the nasty allegations lobbed by McAvoy, which caused
the case to be moved to a Brooklyn judge for an emergency
hearing two weeks ago.
. . . “I think Judge
Strauss has acted in a very wise way throughout a very
difficult process,” said Justice Jeremy Weinstein, the
administrative judge for the civil division of Queens
Supreme Court. “He wants the case to be done. This matter
has dragged on for many months, and that does nobody any
Judge no more: Warner banned from Alabama bench
Former Montgomery County family court Judge Patricia Warner
and the Judicial Inquiry Commission filed an agreement
Friday that forbids Warner from ever serving as a judge in
Alabama again. . . .
Warner has lived in North Dakota since abruptly
retiring from the bench last June, days before an ethics
complaint containing 74 separate charges was filed against
her. . . . Under
the terms of the agreement, the Alabama Court of Judiciary
found that Warner created "the appearance of impropriety" in
a child custody case, in violation of Canon 2 of the state
Canons of Judicial Ethics.
. . . The remaining 73 charges against Warner --
including accusations of mishandled cases and entering
orders without hearings or evidence to support them -- were
Appeals Court Overturns Judge Who Ordered Sterilization for
Schizophrenic Pregnant Woman
The Massachusetts Appeals Court has overturned an order by a
now-retired probate judge who authorized an abortion for a
schizophrenic woman and decided sua sponte that she should
be sterilized. . . .
The appeals court reversed the sterilization order
and called for a new evidentiary hearing on the issue of
whether the woman, identified by the pseudonym Mary Moe,
would have an abortion if she were competent. The
Boston Herald and the
Boston Globe covered the Jan. 17 opinion.
Judge rules Wheaton mother who abandoned newborn unfit to
A DuPage County judge on Tuesday ruled a Wheaton woman is
unfit to parent the newborn she abandoned after birth.
. . . Judge Robert Anderson ruled Nunu Sung is unfit
to parent the son she left under bushes after his birth on
June 12, 2009. . . .
But his ruling doesn’t permanently sever Sung’s
parental rights to the boy.
Judge to rule on parental fitness of refugee who abandoned
If court finds Nunu Sung
unfit, she could lose parental rights to her son
A DuPage County judge is expected to rule today on a
refugee's fight to reclaim the child she bore outside a
Wheaton apartment building in 2009, then left in a nearby
bushy area. . . .Judge
Robert Anderson is scheduled to rule on Nunu Sung's fitness
as a mother, a decision that could either reunite Sung with
her son or spur additional court proceedings that could
result in the termination of her parental rights.
. . . Anderson, who has presided over a hearing that
began in early December, spent three hours Friday listening
to lawyers argue over the events surrounding the birth of
the Myanmar refugee's child on June 12, 2009, and whether
Sung's actions should disqualify her from raising the child.
. . . After delivering her child alone outside the
apartment building where she was temporarily living with a
cousin, Sung placed the child nearby and returned to the
apartment. A neighbor discovered the infant, who was
suffering hypothermia, and police were able to link Sung to
Mom ordered to slash ‘iTime’ with son
A Brooklyn judge yesterday ordered a mother embroiled in a
bitter custody dispute to cut back on all the FaceTime with
her 10-year-old son. . .
. Fordham law Professor Annemarie McAvoy was ordered
to take away the boy’s iPhone because she was using the
Apple device to pry into the father’s home — spending long
stretches talking with their son via the smartphone’s
FaceTime video-chat feature.
. . . “I believe
the mother has entered the father’s home and has taken up
residence to a certain extent,” Brooklyn Supreme Court
Justice Jeffrey Sunshine said.
Nurse-In” to take place at the National Mall
Want to make a very public statement about
public breast-feeding? Than mark a date on the
calendar for this summer on the National Mall.
. . . A D.C. mother of two is organizing
what she hopes will rival some of the largest
gatherings on the Mall and send a strong message
about the need for all of us to embrace the
natural and healthy act of nursing. . . . The event, with a working title that is subject to change
(explained below), is scheduled for Aug. 4,
2012, smack in the middle of
. . .
The organizer is Rachel Papantonakis, a mother
who is currently nursing her infant son. She
also has an older daughter whom she nursed for a
year. Though she, herself, hasn’t experienced
pressure not to nurse in public she said she’s
been outraged by stories from friends who have
and a recent spate of news events.
Judges: Texas Can Enforce Sonogram Law Now
A panel of federal appellate judges has authorized Texas
officials to enforce a controversial abortion sonogram law
while its constitutionality is being challenged in court. .
. . In an opinion, the judges said the measure's
opponents "failed to demonstrate constitutional flaws" in
the measure, which they said was "fatal" to their effort to
prevent it from taking effect. . . . The abortion sonogram law, which lawmakers passed last
legislative session, requires doctors to perform sonograms
and describe what they see, including the size of the fetus
and the length of its limbs. The measure has been in court
almost since it passed, with opponents arguing it violates
doctors' First Amendment rights by forcing them to disclose
information that isn't medically necessary and that the
woman may not want to hear. .
. . The Fifth U.S. Circuit Court of Appeals
overturned Austin District Judge Sam Sparks' temporary order
this morning, preventing the sonogram measure from taking
effect. . . .
According to the appellate judges'
opinion, "the required disclosures of a sonogram,
the fetal heartbeat, and their medical descriptions are the
epitome of truthful, non-misleading information."
Both lesbian moms have parental rights, Florida court rules
One was the egg donor and the
other carried the child to term. Then they split up. The
appellate court's decision could have wider implications
They fell in love, moved in together in a house in central
Florida and had a baby girl. Now they are fighting over who
should raise the child. But unlike most couples, they are
two women. One donated the egg. The other had it implanted
into her womb and carried the child to term.
. . . So which one is the mother? The woman who bore
the child says it is she and she alone.
. . . A circuit judge in Brevard County, writing that
it broke his heart to say so, ruled that she's right. Under
Florida law, a woman who gives birth is the mother. Late
last month, however, a state appeals court in Daytona Beach
overturned his decision, saying the other mother has
parental rights too. . . . The 5th District Court of Appeal ruled that the U.S. and
Florida constitutions trump Florida law and give parenting
rights to both women. State law, it added, has not kept up
with the times.
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