Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Sunday, April 25, 2010

Supreme Court Ruling " Applicant's Admission Denied"





Today, the Nebraska Supreme Court gave a voice to three intimate officer involved victim's of abuse over a nine year period whom were each ( all sought court orders of protection) at the center of what I believe is the first ever denial of a former police officer. The supreme court decision is based on his alleged abusive acts against the victims and other behaviors. He was denied admission to sit for the Nebraska State Bar Exam.

The Supreme Court decision was carefully based on the following criteria set forth before anyone can take the bar exam and become an attorney:

"4. Attorneys at Law. Where the record of an applicant for admission to the Nebraska State Bar demonstrates a significant lack of honesty, trustworthiness, diligence, or reliability, a basis may exist for denying his or her application.
5. ____. When evidence exists to indicate that an applicant has engaged in conduct demonstrating a lack of character and fitness, the Nebraska State Bar Commission must determine whether present character and fitness qualify the applicant for admission."



The Allegations Against Former police officer Anthony Ybarra were prior to his attending law school.

Anthony Ybarra worked as a police officer with the Scottsbluff Police Department from December 1997 to March 2003. During this time, Ybarra had an intimate relationship with a woman. The relationship ended in August 1999. In August 2001, D.G. twice filed a petition for a protection order against Ybarra. In an affidavit in support of one of the protection orders, the woman reported incidents of Ybarra’s harassing her.

On April 22, 2001, Ybarra arrested the woman for driving under the influence (DUI). According to the victim, Ybarra was sitting in his patrol car outside a bar when his former girlfriend left the bar. Then Officer Ybarra followed her for more than a mile and turned on his patrol car’s overhead lights when she stopped at her sister’s house. The woman was not concerned at first because officerYbarra had previously pulled her over on a number of occasions to talk to her and ask her to go to lunch. Instead, Officer Ybarra administered field sobriety tests and then arrested the woman. After she posted bond and returned home at 4 a.m., The victim found offficerYbarra waiting for her. Ybarra then entered her house without permission. She asked him to leave, indicating that if he did not, she would call the police.

In my opinion, and in true abuser style, the partol sergeant employed with the Scottsbluff Police Department Ybarra, said, “‘I am the police’” and left. He subsequently called the woman from his patrol car. She told him she had nothing to say and hung up. The woman said she believed officer Anthony Ybarra was using his authority to intimidate her.

And, of course, it would be Anthony Ybarra telling a different version of the events of that evening. Sounds like a few others who suffer from the same behavior pattern we read about, wouldn't you agree?

"The Commission thus found Ybarra lacked the ability to demonstrate honesty and integrity; to act in accordance with the law and the rules of ethics; to exercise good judgment; to avoid acts that show disregard for the health, safety, and welfare of others; and to conduct himself professionally. The record shows a history of behavior which is abusive, violent, hostile, intimidating, threatening, assaultive, unlawful, and perverted. The record shows that Ybarra does not meet the standards of character required to be admitted to the bar."

The entire decision on this case can be read HERE.

CONCLUSION As Per the Supreme Court (upholding the decision of the commision is as follows:
Ybarra’s behavior demonstrates a pattern of abhorrent behavior toward women. Three women in the past 9 years have sought protection orders against him. He has not admitted that his behavior is inappropriate and has not demonstrated any remorse. The Commission was correct in determining that Ybarra does not meet the standards of character required for admission to the bar and that he should not be allowed to take the state bar examination. We affirm the Commission’s denial of Ybarra’s application to take the Nebraska bar examination.(in re application of ybarra 759 Cite as 279 Neb. 758Nebraska Advance Sheets 760 279 nebraska reports)


In my opinion, the former officer's behavior literally came back to bite him in the ass. After many years of dealing with intimate officer violence in the home, I cannot recall a more timely victory on behalf of all those whose cries for help fell on deaf ears!

"Been there, done that…” Susan Murphy- Milano has turned a tired phrase into demonstrable realism through the gift of her newly published book, "TIME'S UP: A GUIDE ON HOW TO LEAVE AND SURVIVE ABUSIVE AND STALKING RELATIONSHIPS"

Monday, November 3, 2008

Can A Woman Be Fired From her Job For being Stalked By a Stranger?


In Washington, D.C., Attorney Dawn Martin released the following press release on her recent filing in an important case before the supreme court:


PRESS RELEASE

“Working while Female:” Supreme Court Will Decide whether to Review D.C. Circuit Decision Holding that a Woman Can be Fired for being Stalked by a Stranger in her Workplace !

Washington, D.C. – Martin v. Howard University and Alice Gresham Bullock, U.S. Supreme Court No. 08-204. As a law professor at Howard University, Dawn Martin was stalked by a delusional, homeless, serial stalker of African-American female professors. The stalker, Leonard Harrison, was searching for the physical embodiment of his "fantasy" wife -- a fictional female character, Geneva Crenshaw, in a book, And We are not Saved, written by Prof. Derrick Bell. Instead of following its own security procedures to ban the stalker from campus, Howard responded to her requests for protection by refusing to renew her teaching contract. Prof. Martin sued Howard, alleging sexual harassment/hostile work environment and retaliation for protesting sexual harassment. Martin is the first case to present the issue of "gender profiling" in the employment context -- or the "working while female" factor. The application of “gender profiling” to sexual harassment cases will also set precedent for racial, ethnic, religious profiling harassment cases.

Ms. Martin filed a Petition for Certiorari in the Supreme Court, asking the Court to review the March 31, 2008 decision of the U.S. Court of Appeals for the D.C. Circuit. See Petition for Certiorari, Howard’s Brief in Opposition and Ms. Martin’s Reply Brief at http://www.dvmartinlaw.com/MartinvHowardU.html. On November 14, 2008, the Supreme Court will decide whether it will hear the case on the merits. Roberta Wright, Esquire, representing the National Organization for Women (NOW), the National Association of Women Lawyers (NAWL) and the other women's advocacy groups, has stated that she will file an Amicus Curiae Brief within the next few days.

Groups that want to be included should immediately contact Ms. Wright at rywright@msn.com and Ms. Martin at dvmartinlaw@yahoo.com.
Dawn V. Martin, EsquireLaw Offices of Dawn V. Martin, LLC1725 I Street, N.W., Suite 300Washington, D.C 20006

(202) 408-7040 D.C. phone
(703) 642-0207 office
(703) 642-0208 facsimile

Sunday, June 29, 2008

Rebecca McEvoy-"Crawford v. Washington"



Becca McEvoy


I am writing concerning a case here in Mobile, Al. that involves my recently deceased baby cousin Becca. Becca died this past Jan. 14, 2008 as a result of a car wreck. She was seriously injured and stayed on life support for 10 days from which she never recovered. Unfortunately her death came while awaiting Grand Jury in Mobile, Al.

Before her death Rebecca suffered over a year of rape & sodomy and other unspeakable acts allegedly, from Bob Ingle. He was her step-father/cop at the time of the abuse.

The reason for my concern now, is that an even greater injustice may occur due to her untimely death. Because of " Crawford Versus' Washington "a law that not only supports the right to cross examine the victim but, also stops a lot of important, testimonial evidence.


In cases such as Becca's this law stands in the way of justice. Under "Crawford" statements made to police, the grand jury, social services and the medical community are being thrown out in courts across the Country.


The law is clearly working backwards for the victims of sexual abuse. It stops police reports, counselor’s statements, and often-medical personnel from being used in these cases. Everybody has a 6th amendment right under our constitution. Under "Crawford" they meaning the court, have taken away almost all the victims rights.

Certainly, in a case such as Becca's where the victim is no longer available for cross-examination due to death. I find it quite disturbing that our system puts these children through the whole process of exam, counseling, and police statements and then does not even accept it in the court of law.

I would like to see Crawford amended and a law enforced for victims like precious little Becca. At age 9 she had no rights because, he took them from her and still he has more rights under our backwards justice system that works in the favor of the perpetrator.

I am requesting National media attention on this case because; at the last court hearing the police statements and counselors have been thrown out due to Crawford. Our family has suffered enough and now we are asking for the public's help, due to this flawed judicial system.

We need a "Becca's law" stating that in cases where the victim becomes deceased the testimonial evidence has to be accepted - an exception to the Crawford rule. This needs to be one so, we don't invite perpetrators to kill their victim's in order for Crawford to work in their favor.

I cannot believe a law that promotes so much more crime could have been passed. If Crawford remains on the law books, there will likely be more killings when our justice system fails these children.

Criminals take the current laws, bending them to fit their own guilt, manipulating the legal system, as their own "get out of jail free card". The current laws do not protect our children. Perpetrators will be encouraged to kill the victims!


Becca McEvoy 's life was interrupted . This child deserves our attention. If just for a moment, this brave young child has sounded her angels trumpet and this case is now playing out for the world to finally hear.


We want Becca's last wish fulfilled. Including, the trial against alleged sexual predator and former police officer Bob Ingel. And other pedophiles must be brought to justice, punished for such horrific crimes of children under the age of twelve.


Please, help us with this very important matter before it's too late.

Thanks you!
Theresa Jordan, Ph: 251-679-8084

For links to this story go to http://my.opera.com/rhondawheelus/blog/
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