Blogging Criminally For Over Ten Years
3/31/2003
God Bless our Troops.
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The Fourth Circuit has over-ruled two trial judges and determined that the FAA can make rules outside of what the law specifically allowed.
3/31/2003
God Bless our Troops.
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More on the Richmond prosecutor's prosecution of one of the local officers: "During cross examination today, Commonwealth's Attorney David M. Hicks attempted to show that Melvin had no clear plan for arresting Johnson."
This is rediculous. How often will officers have an exact plan? Policies - Yes. Exact plan - No.
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3/31/2003
God Bless our Troops.
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Victim impact testimony will be allowed in the Malvo case. What element does the impact witness testimony prove? Future dangerousness? Depravity in the act (torture etc.)?
Admittedly, I am no expert in capital murder so I may be wrong here, but . . .
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3/31/2003
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God Bless our Troops.
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I like this definition of the law. Make me a Barrister and the rest of 'em Solicitors.
From My Shingle.
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3/31/2003
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God Bless our Troops.
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OK, this is just silly. Why would a law firm - which should be noted for its ability to think dispassionately - waste money on this sort of thing. It's just a little arrogant to think that your office will be one targeted so that you need safe rooms, gas protection, and stockpiled food supplies. Terrorists are going to hit high profile targets and as much as the legal world may think of Skadden, Arps, Slate, Meagher & Flom the real world doesn't even know it exists. If your office is in a well known building such as the Sears Tower or the Empire State Building an attack might occur but it will either be so minor that your preparations are not needed (World Trade Center 1) or so major that none of this (except off site storage) will make any difference (911).
At least they aren't making provisions for the lawyers' pets.
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3/31/2003
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God Bless our Troops.
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Death penalty habeus fee caps in Florida:
"If 840 hours aren't enough a private attorney is free to work as long as it takes, without compensation."
"Any additional hours would fulfill pro bono requirements."
"It's not a cap on how much you work . . . It's a cap on how much you get paid. You have pride in your work. . . . I easily average 1,200 hours per case."
I'm for fiscal responsibility as much as the next guy but I must say that there is no way I'm going to - over and over again - be doing work wherein I'm required to "donate" 360 hours to "pro bono publico." Strikes me that it might get hard to pay the bills.
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3/30/2003
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"On top of its devil problem, the hilly, sinuous U.S. 666 has an extremely high accident rate -- all in all, a 'perfect recipe for bad publicity.'"
Some quotes just have to be repeated.
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3/30/2003
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One of the great things about doing criminal defense work is how much some of your own clients treat you. However, I've never had any of my clients record and try to blackmail me. This joker must not have checked out her web site or he would have asked for more than $3,000.
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3/30/2003
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The Times-Dispatch must be running out of stories. It reran the story about inmates training dogs.
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3/30/2003
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Drugs, murder, State charges, federal charges. Glad I'm not the person who has to straighten all this out.
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3/30/2003
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Justice O'Connor has a book coming out.
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3/30/2003
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"Experts: Insanity tough claim for Smart suspect."
Duh! NGRI is dang hard to get in any case.
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3/30/2003
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The federal supreme court is going to decide whether Legislatures can ex post facto take away statutes of limitations years after they've run in order to get to really bad criminals. Of course, if they are fine with that there are no such things as statutes of limitations any more.
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3/30/2003
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God Bless our Troops.
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Brits (with Arabic names) are on trial in Egypt for trying to restart a party which was outlawed after it tried to overthrow the Egyptian government in 1974 (some countries will outlaw things for the most trivial reasons).
The reason this caught my eye is that they have experts testifying as to whether certain books found in possession of the men are banned. I always liked Egypt and this statement from one of the experts is encouraging: "Another part of the report says that there is no legal power to restrict any books." Egypt, with all its flaws, is the most civilized of the Arab nations and I hold some hope for it becoming even better.
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3/30/2003
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God Bless our Troops.
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The FBI is trying to make friends with Arab-Americans. It's also trying to crack down on those who crack down on FBI agents who tell the truth.
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3/30/2003
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NY Times article trying to provide cover for the Democrats on Estrada. Such and such organization opposed his nomination but after meeting with him they really opposed his nomintaion.
Naw, it wasn't really about the Left mustering the troops to vociferously bork him. It's about HIM. But wait, we don't actually know enough about him so he must have pissed us off somehow. It's his fault. Right?
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3/30/2003
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The NY Times pointing out that the federal supreme (read: O'Connor) court can be swayed by things other than pure legal reasoning.
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3/29/2003
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In the last transcript I ordered Chicago v. Morales somehow magically transformed into Chicago v. Moralovitz. I've never gotten a transcript without some sort of similar error.
Still, I've never had a court reporter screw anything up like this. OUCH.
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3/29/2003
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"Citing a fear of tainting potential jurors, lawyers for sniper suspect Lee Boyd Malvo have asked a judge to seal reports and other pretrial evidence in the case from public view."
Do they really think that there is anything which can taint people further than the press coverage about two guys going around randomly killing people did? Good luck in trying to find jurors which haven't already been influenced; maybe the defense should look around and see if there are any monasteries in the jurisdiction. Of course, then you run into the problem of the prosecution excluding all your potential jurors (in violation of their 1st Amendment rights) because they have that pesky Catholic belief that the death penalty is sinful.
This defense has got to be frustrating.
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3/29/2003
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God Bless our Troops.
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Lie in Iowa - go to jail. I think they're still upset about the whole Professor Henry Hill thing.
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3/29/2003
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God Bless our Troops.
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Gideon vs. Wainwright has passed its 40th anniversary. And people are not happy. The push for all indigent criminal defense to be monopolized by public defenders continues.
"In Virginia, for instance, the move to public defender offices in some four dozen jurisdictions has provided a more consistent and arguably superior level of defense."
This is shakey info. It goes back to the article several months back which talked about how public defenders got better results than court appointed attorneys. Shortly after publication it became fairly obvious that the jurisdictions wherein public defenders are located are generally very liberal and would have gotten better results than the other jurisdictions no matter what**. I cannot speak to all the jurisdictions with public defenders but the ones I've seen benefit significantly from populations which greatly distrust police and courts; as well, they also seem to benefit from confused and disorganized prosecution offices.
This is not to say that a competent, realistic, non-ideological public defenders office will not do a good job, even in a conservative jurisdicition. Sadly, with the pitiful amount that Virginia pays court appointed attorneys*** if a public defender system can do it cheaper and provide things such as secretaries, paralegals, and investigators it might be something which should happen. All this said, despite what the article infers, the cost saving argument is the best reason for emplacing these offices.
** I cannot find the article anymore but I remember clearly that when this point was raised the claim was that the results weren't skewed because one, count 'em one, of the jurisdictions with public defenders is a conservative jurisdiction.
*** The article is incorrect about the amounts paid to court appointed attorneys. The amount qouted in the article is the amount in the statute; it is not the amount for which the Legislature has budgeted. For instance, rather than pay $445 for most felonies the courts actually pay $395.
3/29/2003
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God Bless our Troops.
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Being a captive lawyer can pay well but you have to juggle that insurance adjuster against the actual interests of the client. Should you actually choose to follow your ethical obligations and represent your client don't expect things to go well.
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3/29/2003
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God Bless our Troops.
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Testimony in Hick's prosecution of one of the officers in his own jurisdiction (Richmond).
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3/27/2003
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God Bless our Troops.
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There is bascially a state of war between Richmond's Commonwealth Attorney Office and Richmond's Police Department. The article claims part of this is due to the fact that there has been malaise in Richmond's detectives (which is being fixed since the new police chief came on board). It says the other part is due to the extremely rapid turnover in the Commonwealth Attorney's office and inability to keep experienced prosecutors.
I don't practice in Richmond enought to comment knowledgeably. All I can say is that Chesterfield and Henrico seem to have a lot of very experienced, very competent prosecutors who started out in Richmond's Commonwealth Attorney office.
And who goes to trial against an officer from your own jurisdiction without bringing in a substitute prosecutor from another jurisdiction?
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3/27/2003
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God Bless our Troops.
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This jerk scammed the Airforce to get back to the States. Now he faces charges from the Commonwealth. Soon, he should face charges from the military.
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3/27/2003
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God Bless our Troops.
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Wow, the 4th Circuit upheld a habeus decision - I say . . . I say . . .THE FOURTH CIRCUIT, SON!! (In my best Foghorn Leghorn voice).
All it took was violations of both Brady prongs: exculpatory information was withheld and so was impeachment evidence. I feel sorry for Bob Beasley trying to put it all together again.
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3/27/2003
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Governor Warner caved in to the ACLU and vetoed "Choose Life." Kilgore is scornful of his decision.
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3/27/2003
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Priscilla Owen has been reported out of committee. Will the Democrats block her nomination as well?
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3/27/2003
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God Bless our Troops.
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Hackers hit Al-Jazeera with a more creative attack.
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3/26/2003
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God Bless our Troops.
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C'mon, do you really believe these people? I've worked at EPW compounds in my life and things such as intrusive searches and uncomfortable conditions occur but sitting on Qurans and harassing prisoners every time they pray? Nope.
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3/26/2003
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God Bless our Troops.
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Oh good, Justice Stevens says I can put my clients' money in the same escrow account.
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3/26/2003
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When faced with a well funded adversary the fedgov cannot win.
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3/26/2003
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Legal Weirdness at Work.
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3/26/2003
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The California Attorney General is wasting time fighting technicalities (and temporary ones at that). Unfortunately, the federal supreme court is encouraging him in this endeavor.
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3/26/2003
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Life in jail followed by deportation. Dubai doesn't even want your body after you're gone.
Well, at least they aren't helping you on your way anymore.
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3/26/2003
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God Bless our Troops.
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Hackers are taking part in the war. Pro-Iraqi hackers have defaced the South Carolina web page while Pro-American hackers have hit Al-Jazeera with denial of service attacks (c'mon be a little more creative).
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3/26/2003
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God Bless our Troops.
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The problem here is that there are so many defendants, great and small, are diagnosed with paranoid schizophrenia that if you start finding people not guilty because of it the jails would be bare and the streets would be flooded. Sometimes I think that it is an all-purpose diagnosis used whenever the doctor knows there is something off about this guy but just cannot figure it out exactly. Heck, I see it more than social maladaptivity disorders (whatever the current name for that is) and every single person in jail falls under that descriptive.
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3/26/2003
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An upset farmer scared a judge from the bench.
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3/26/2003
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If you can't do political favors for your mistress, for whom can you?
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3/26/2003
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A retired State Trooper and Sheriff who appears to have fallen off the straight and narrow.
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3/25/2003
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Want to get in a better prison? Want to take college courses? Dislike the Commonwealth's jails?
Send a threatening letter to the president so that the Secret Service will send you to club fed.
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3/25/2003
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God Bless our Troops.
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Warner's going to make it illegal for illegal immigrants to get drivers licenses. Get ready for a lot more spanish speaking clients who are getting locked up for driving to work. We bring these people in to do work we won't and then we treat them like crud.
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3/25/2003
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God Bless our Troops.
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Gideon revisited.
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3/25/2003
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Vegan parents almost starve ther child. Are they criminals or just dumb?
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3/25/2003
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The federal supreme court is going to decide whether a police officer can choose who to arrest if he finds illicit materials in a car full of people.
Heck, the officers in my jurisdiction have an easy solution to this problem - they just charge and arrest everyone in the car. Let the court figure it out.
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3/24/2003
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Prisons tape a defense attorney's conversations with his client. The attorney and client know about it but have no choice if they want to prepare for court. The Eigth Circuit rules that they have waived attorney-client privilige. More proof that appellate judges don't have experience in criminal law (or the real world).
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3/24/2003
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Somebody takes a swing at me. Two of my buddies grab him and hold him down. I punch him 9 times, cracking his rib. What will happen to me?
Well, if I'm a police officer in Albemarle County and go to trial in Charlottesville Circuit Court, ABSOLUTELY NOTHING.
Disgraceful.
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3/24/2003
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Williamsburg is using bike cops.
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3/24/2003
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I wondered what Judge Shelton been up to since he retired. It looks like he's still sending people to jail for a long time.
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3/24/2003
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God Bless our Troops.
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Maybe these things wouldn't bother me so much if I actually believed that they would only be used to pursue terrorists and that law enforcement officers would never even hear a whisper of what was found.
How can a law passed by Congress override that pesky requirement that "no Warrants shall issue (FUTURE TENSE), but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" even for 72 hours?
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3/24/2003
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7,000 in a pro-USA rally and no trouble.
2,000 in an anti-USA rally and the National Guard recruiting office is attacked, people are arrested for public drunkenness and obstruction of justice, and the police have to use riot gear, temporary fences, and mace.
Hmm... Peace in our time?
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3/23/2003
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There are labs other than the FBI's where things are done incorrectly and "experts" give faulty testimony.
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3/23/2003
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The federal supreme court will decide how much institutions can limit visitation for prisoners. This is something to watch in order to see how policies in places like Red Onion will be effected.
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3/23/2003
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I have not been warblogging because I have been trying to keep this cite on point but this too much.
Oppose the war? Think we should try to take the peaceful avenue no matter what? Try to commit capital murder!
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3/23/2003
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Why don't I trust things like government agencies keeping track of conviction information and releasing it to the public? Because it has failed before:
"400 people referred by their prospective employers to the Criminal Records Bureau for vetting had been 'mistakenly matched' with convictions."
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3/23/2003
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Vincent Gigante ran a mob family for years and years. But the question is what did he get out of it? He had to pretend he was insane the entire time so he really couldn't enjoy money, women, travel, etc.
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3/23/2003
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Pakistani lawyers are refusing to go to court because of the war. Will anyone notice?
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3/23/2003
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Felons.com is up for bids.
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3/23/2003
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The International Criminal Court cannot be used against US soldiers in Iraq. Somehow this is supposed to convince us that it could never pose a threat to US sovranty.
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3/22/2003
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An editorial which disagrees with my position on the drugs and gun law in Virginia.
"The softening of Exile for drug users is not out of line with the generally accepted judicial philosophy that drug pushers are a far greater menace to society than addicts."
"But this line of thinking is the reason the war on drugs is getting nowhere. Until the market for drugs dries up, or at least diminishes significantly, there will always be people willing to make lots of money supplying it. If drug dealers — who often carry guns to enforce their deals and prices — had no market, they would have to find other employment."
"Under current law, there is little to persuade drug users to quit. One of the few laws that makes using drugs a more precarious undertaking is the Exile law that comes down hard on users with guns."
The drug dealers still get five years if they have a firearm with drugs. Most users do not carry firearms so this law is not one which will decrease use in any case. If we want to stop drug use we need to change the cost-benefit analysis. The way to do that would be to make possession of a schedule one or two drug a mandatory 3 year punishment for the first offense and 5 years for any thereafter.
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3/22/2003
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The governor is going to ask the Legislature to put money back in the budget for both Exile and Drug Courts.
Bravo! These are both effective programs and need to be kept on track.
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3/22/2003
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Another wrongminded opinion on seatbelt laws. Are these people really so naive that they believe police will waste their time going around issuing citations to people who are only violating the seatbelt law? The police will only use this as another reason to justify pretext stops.
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3/22/2003
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God Bless our Troops.
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A federal judge tells the Congress "defendants convicted of drug offenses 'frequently have no idea what they are carrying or receiving.'" How does the Congress react? They start investigating him because he must be soft on crime. They find one (1) case where he was overturned because he sentenced 9 months below the guidelines and two cases wherein he shaved a month off of a 10 year sentence (apparently because some glitch in sentencing guidelines requires 121 months for a ten year sentence). And they go even further, trying to subpoena court records in a search for more downward departures (ironically, on the day that the judge is overturned for possibly sentencing above the guidelines).
The lesson here? Don't be honest to Congress.
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3/22/2003
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A public defender worked a deal which he thought was advantageous to his client and would have involved a five year sentence. The defendant refuses the deal and decides to plead not guilty. Somehow the paperwork ends up in front of the judge and he signs it - WITHOUT THE DEFENDANT EVEN COMING TO THE COURTROOM. After the defendant has served a year everyone figures it out
Damage control kicks in: the defendant is given time served (rather than the years he should have) so he's happy and won't file bar complaints and everybody walks away happy.
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3/22/2003
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Every once in a while you see stories about someone who hoards pets in their house but 37 dogs in an 8X10 room is unbelievable. Particularly disturbing is the fact that the kitchen floor seemed to be made of dirt until it was analyzed. Still, I can at least somewhat excuse this because I have to believe that it proceeds from mental defect.
On the other hand, starving the cattle upon which you rely to earn your livelihood until 54 die and the rest are seriously malnutritioned cannot be rationally explained.
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3/21/2003
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The murder in Chesterfield was probably a drug deal gone bad.
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3/21/2003
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The company running Virginia's privately run prison has been changed.
3/21/2003
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A traitor gets life in prison.
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3/21/2003
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Well, the trumpet has sounded, the seal has been broken and the end of all times is upon us! How do I know this?
The Ninth Circuit has issued a pro-federalism decision.
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3/20/2003
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The Connecticut Supreme Court has eviscerated both the plain meaning rule and the rule of lenity in one fell swoop. This is shameful and rather obviously result oriented. Even heavily anti-defendant jurisdictions such as Virginia and the Fourth Circuit do not have the temerity to totally abridge criminal defendant's rights like this. Shameful.
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3/20/2003
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I guess I am just a member of the wrong fraternity. Nobody in Phi Kappa Tau is out there trying to rig horse racing bets.
Go Tekes.
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3/20/2003
God Bless our Troops.
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3/20/2003
My Web Site
Oregon: The legislature has cut indigent defense by so much that the Oregon Supreme Court has ordered that non-violent crimes not be handled. According to the article, the courts are telling those accused of misdemeanors to come back after July 01 when they are hopeful that the legislature will provide more money.
The problem I see with that solution is that after 01 July the indigent system will get slammed. It's normal caseload will have thousands of cases added to it. Unless the Legislature factors that in and sets aside even more money than it normally would for indigent defense, won't they end up with the same problem again?
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3/19/2003
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Whatever happened to good old fashioned Arab punishments? These folks scammed and stole from at least two people yet they aren't even losing their right hands.
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3/19/2003
My Web Site
Thanks to Southern Appeal for pointing out a cite which allows you to find out where your judicial philosophy lies on the Supreme Court continuum. I came up as Rhenquist which I think is probably a pretty accurate assessment.
My only question is whether I will have to spend years as the lone outcast representing a set of views that everyone else thinks are outdated and extremely conservative before I become the head honcho and find myself as almost a centerist compared to some of my newer compatriots?
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3/19/2003
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The FBI has recovered North Carolina's copy of the Bill of Rights. Stolen by a damn yankee carpetbagger over 150 years ago, it is one of 13 copies made for each of the original States.
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3/19/2003
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It must be difficult to try and convict someone of first degree murder for participating in a mob attack which killed men who had driven their van right onto the sidewalk and hit a group of women (killing one of them). Still, I'd bet dollars to doughnuts the prosecutor never thought there'd be an absolute acquital.
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3/19/2003
My Web Site
The federal supreme court will be hearing a case as to whether the Texas gay sodomy law is unconstitutional. The NY Times seems pretty confident what the result will be. As usual, the decision will probably depend on the whim and caprice of Justice O'Connor.
I've been out of law school now for a few years so I don't read many of the S.Ct. decisions anymore (most of the issues I argue in a criminal court will be based on the precedents as set and applied by the Commonwealth's Supreme Court). I have two main memories from reading all those cases in law school. The first is that the federal supreme court can't say "the sky is blue" without a 75 page exposition on refraction of light and the ability of human vision to only see within a certain spectrum range (and a twenty page biting dissent from Scalia stating that the color of the sky was never within the intent of the founders and thus cannot be reached by this court). The second is that O'Connor never seemed to have any discernable theme to her opinions. As such, she was always seen as the one you always concentrate a good deal of effort on because even if she signed onto an opinion stating that "the sky is blue" ten years ago she has little loyalty to that opinion (stare decicis ? only if abortion is involved) and quite possibly might - especially if allowed to write her own opinion - now write something to the effect that the sky is blue only in the particular instance raised in the first opinion but actually it's gray.
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3/18/2003
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Well, it's confirmed . . . I do not live in the 9th Circuit. In Virginia we're still in "one nation, under God, indivisible, with liberty and justice for all."
Why would you even think that you might have a chance with this case in the 4th Circuit?
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3/18/2003
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A man tries to perform surgery upon himself and, when that fails, steals and prints money in an effort to obtain the surgery. How is this guy competent for trial?
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3/18/2003
My Web Site
People in prison have a lot of time to think. Sometimes they use that time to cook up schemes which can get someone else in trouble.
In this case the guy tried to get his cousin to replicate his modus operandi so he would look innocent. The only problem was that somehow the prison officials knew that cousin was not prisoner's lawyer. Oh well, no plan's perfect . . .
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3/18/2003
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Some kid left DNA evidence at the scene of a crime. Five years from now they will get a cold hit and send the guy to prison.
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3/18/2003
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Private alarms are driving police nuts in Virginia Beach.
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3/18/2003
My Web Site
A more indepth treatment of the motion made in the Matricardi case. The judge still didn't buy it.
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3/18/2003
My Web Site
Attempts are being made to overturn a death penalty because "two jurors had personal contact and a social association with the victim’s family." This is a little too vague for me to make a call as to whether the verdict should be overturned or not. If the contact and association was that the victim's father and the foreman were lodge brothers who played poker with each other every Saturday night since they graduated high-school 40 years ago - then the verdict should be overturned. If the contact and association was the victim's great uncle and juror number 7 playing high-school basketball against one another 40 years ago - then the verdict should not be overturned In between, of course, things might be a little bit grayer.
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3/18/2003
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Former Illinois governor George Ryan shows his true colors. His anti-death penalty position is philosophical. No problem with that but it means that his commuting of all those sentences because of problems in the system was even more likely duplicitous.
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3/18/2003
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The judge has ordered the court closed during jury selection in the terror cell trial in Detroit.
I think this is probably the right move. These people's identities need to be protected so they can render a verdict which is not the product of outside pressure.
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3/18/2003
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Geeks are the people writing viruses. I'm shocked!
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3/18/2003
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As always Texas reaffirms my faith that the Commonwealth is not all that bad:
Duct taping a defendant's mouth and removing him before the jury came in before comes in. At first glance it seems excessive but I have seen defendants who needed steps like this. Of course, none of them were my clients; my clients are all innocent and helpful in the defense of their cases.
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3/18/2003
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You can exercise free speech in Egypt - IF you have the US backing you AND you are willing to go thru a few years of trials and appeals.
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3/18/2003
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My illegal listening to a private political phone conference wasn't illegal because the phone conference should have been a public meeting.
Interesting, innovative defense - Judge didn't buy it.
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3/18/2003
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480 lbs. of marijuana in your truck (street value $2.3 million), $16,780 in cash in the cabin, and the truck is in such bad shape and so overloaded that you try to skip the weigh station. These people deserve the years and years they will get in prison.
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3/18/2003
My Web Site
From Instapundit:
I think that under the law - as it stands - telling the prosecutors and letting them use their discretion to decide whether to inform the defense attorney about laboratory indescretions and perjury is consistent with Brady interpretations. Of course, the same problem will occur as always occurs: prosecutors will just not see how any of this could possibly be exculpatory.
In my opinion any shenanigans at the lab or untruthful testimony by labratory experts is exculpatory; if there is anything less than a 95% report rate to the defense counsels it will demonstrate how flawed the system is.
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3/18/2003
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And then there is the unusual: Shooting a computer at your bar; painting the horses you stole; carrying your child with you when you rob a convenience store; and passing drugs to your imprisoned husband during the wedding kiss.
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3/18/2003
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British thieves are stealing computer chips. Whatever happened to good old-fashioned gold and jewelry theft?
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3/18/2003
My Web Site
O.K. The judge screwed up in this case. Nevertheless, my question is how the defense attorney didn't realize that a judge had sent his client off to prisoner without a trial. My clients would be burning up the phone lines and sending letters (probably to me and the Bar).
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3/17/2003
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It looks like someone stole part of a statue of Peter from the Vatican. Why? Did they really want to lose their soul that badly? I can think of a lot funner ways to sin. In case you (whoever you are) haven't figured it out yet THOSE AREN'T THE REAL KEYS.
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3/16/2003
My Web Site
And the winner is Rhenquist!!!
But the NY Times just doesn't seem too happy about it.
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3/16/2003
My Web Site
How Suffok's crime line works.
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3/16/2003
My Web Site
An opinion calling for the processing of old rape kits to get DNA cold hits.
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3/16/2003
My Web Site
Boy, this is sure a hard-hitting interview of the San Fran police chief by Newsweek.
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3/16/2003
My Web Site
The Economist discusses the International Criminal Court. I agree with the US assertion that this is a very dangerous institution which would be used by less powerful countries to attack the stronger by having their representatives put before this court every single time the stronger country exercises its sovran powers in a way of which they dissaprove (i.e. espionage or military intervention).
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3/14/2003
My Web Site
Today was interesting. I went to court in Powhattan but had laryngitis so I had to continue 2 cases. Then I actually tried a case involving two misdemeanor bad check charges and a failure to appear and got all three dismissed. Maybe I should go to court without my voice more often.
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3/14/2003
My Web Site
This takes Big Ones. Renting fake bomb dogs to the feds? What in the world would make you think you'd get away with that?
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3/14/2003
My Web Site
In recent days there have been a number of deaths when local police officers attempted to pull someone over for a traffic violation and then engaged in a high speed chase when the car did not pull over.
THIS EVALUATION IS JUST WRONG:
"It's about this simple: Police must chase people who attempt to run from them, whether in a vehicle or on foot. They have no choice but to chase each and every person who attempts to elude them. Not doing so runs the risk of letting someone get away who is wanted for a more serious crime. For all the police know, the person fleeing could be Osama bin Laden."
This is wrong on so many levels that it is hard to know where to start. So, I'll just jump in. High speed chases engaged in by police cannot be excused by falling back on the minisculely remote chance that a terrorist might be involved. We cannot justify every action taken by law enforcement with the excuse that someday, somewhere some officer might stop some terrorist and find the magic formula to end terrorism forever.
Now lets get to reality: Often police engage in investigatory stops using minor traffic infractions as cover. While this violates the spirit of the constitution it is effective and courts continue to allow it as technically valid. When you do this sort of thing occasionally someone is going to run and if you chase a certain percentage of fatalities will occur.
Some locales have stopped police pursuits in these situations because of the number of fatalities. I think that each locality needs to do its own cost-benefit analysis. The equation should go something like this: If - (number of stops leading to serious felony arrests**/number of stops) < the acceptable percentage of deaths coming from chases - it is unacceptable. Of course, the problem is that we will never get the correct number of stops because we will never know how many people were pulled over and let go with a warning after the officer searched the car and found nothing.
** felonies other than felony eluding and at least as serious as distribution
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3/14/2003
My Web Site
Petersburg is going to start forcing every male who goes to jail - even pretrial - to have there hair cut to 1" without any sort of styling.
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3/12/2003
My Web Site
The federal supreme court stopped Texas' 300th execution with 10 minutes to spare.
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3/12/2003
My Web Site
A Drug Task Force rounds up 18 suspects. The question is whether it will actually make a difference. I'd be willing to bet that my clients will still have no problem getting their drugs.
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3/12/2003
My Web Site
60 days for neglecting his dog so bad that the chain grew into its neck. Well deserved.
::: ::: :::
3/12/2003
My Web Site
San Fran's prosecutor has dropped the charges against San Fran's police chief. Hmmmm . . . I would like to have been a fly on the wall during some of the backroom political manuevering that went on in order to accomplish that.
::: ::: :::
3/12/2003
My Web Site
Texas is coming up on its 300th execution since reinstating the penalty. Same arguments as usual. The convicted's attorneys say he was unjustly convicted and his trial lawyer was incompetent. State attorneys say there is always some error but the evidence is cleary sufficient to prove convicted's guilt.
I don't practice capital defense but I have to sympathize with those who do. You bust your rear trying everything you've got to defend your client. On top of that you have the additional distraction of having to file and argue all sorts of low probability motions in order to preserve any possible reason for appeal. Often you are basically trying to keep an obviously guilty man from being killed by the government. And then, if your client is sentenced to death over the next 10-15 years everything you did is examined under an electron microscope and you are called incompetent over and over again.
::: ::: :::
3/11/2003
My Web Site
The federal supreme court has taken a pro se appeal of a Miranda issue. Pro Se? Or Pro Se with law students or pro bono help?
This is an interesting issue. On one side is the concern that on occasion, after an officer has arrested a subject that the officer might place the suspect somewhere while he searches the car and another officer come up and assume mirandization and get a confession before he realizes the mistake (or some other similar mistake). The argument (one accepted in the courts wherein I work) is that if the officer then makes sure the suspect knows his rights and then re-asks the same questions the suspect is put on notice and the mistake cured.
On the other side is the fact that it is easier to get information that you want if you do not tell someone that he doesn't have to talk to you and that he is entitled to an attorney. And reading someone his Miranda rights after you have the confession does not mean you have to tell him that his prior confession is not evidence. So the suspect thinks he's just repeating the same story he's already told. There is a definite incentive to ask questions, get statements, then mirandize and re-ask the questions.
In all honesty, the first scenario does happen; it shouldn't, but police are human and at 3:45 in the morning just as vulnerable to mistakes as the rest of us. Nonetheless, any exception should be for the rare occasion. The problem is that when a decision is made with that rare occasion in mind it becomes the standard for all police. Rather than the exception it is now the rule and constitutional rights are weakened for all of us.
Maybe the solution is a signed paper stating that the suspect understands anything he has told the officers in response to their questions is not admissable if it was said before he had his rights explained to him?
::: ::: :::
3/10/2003
My Web Site
Hard fought forlorn hope today in court.
Moment of elation: "Mr. Lammers, I agree with you that the evidence does not show beyond a reasonable doubt that your client had a firearm during the B&E and abduction."
Quickly crushed: "However, Mr. Codefendant had a firearm and I find that they were acting in concert and therefore your client is guilty of the firearm charges anyway."
::: ::: :::
3/10/2003
My Web Site
This, in my humble, non-academic opinion, is BOGUS. There is no way you can accurately state that "[m]ore than half of all violent crimes committed in the United States in 2000 were never reported to police" because there is no way of knowing what actually occurred. And if you are relying on some sort of self reporting (to counselors, SANE nurses, &cetera) how do you know how many reports were false or made into something they weren't by someone with an agenda.
I do think that they are probably correct that there are a huge number of assaults which are not reported. And they shouldn't be. Two drunk guys who walk out into the parking lot and give each other black eyes before they are seperated should not clog the system with their stupidity.
::: ::: :::
3/09/2003
My Web Site
A more indepth discussion of the death penalty motions in the Malvo case and the disposition of the motions.
::: ::: :::
3/09/2003
My Web Site
The Legislature actually passed a correction to that really nasty drugs and gun law. I can't imagine the governor not signing it into effect.
This law really needs to be fixed. It gives the same penalty to someone convicted of possession cocaine residue with a pistol on the back floor of his car and those caught facing off with machine guns in the middle of a deal selling 20 lbs. of crack.
::: ::: :::
3/09/2003
My Web Site
Richmond is arresting witnesses when they don't come to court. Unusual. Most of the time people charged with something this minor are first called and asked to come down to the magistrate and turn themselves in.
::: ::: :::
3/09/2003
My Web Site
I know we've all gotten angry with our boss once in a while. However, you pay a price if you act on that anger.
::: ::: :::
3/09/2003
My Web Site
Prisoners with pets. Maybe I should send my dogs so they can teach them not to bark (I can't stop them).
::: ::: :::
3/09/2003
My Web Site
An international arrest warrant? Issued by who? The World Court?
Wahtever happened to mutual treaties and extradition?
::: ::: :::
3/09/2003
My Web Site
"As Ocheltree left the courthouse, still holding her husband's hand, she said that she felt the court would do the right thing when it issued its decision later this year. There was no real basis for her optimism, though, not in the court's track record or in the questions the judges asked at her hearing."
"Legal scholars talk about the pendulum swinging from liberal to conservative, from a preoccupation with individuals' rights to a preoccupation with states' rights, and suggest that, in time, it will swing back once more. It would certainly help many Americans sustain their faith in the system if the courts could find their equilibrium, if they could become less ideological, less predictable and less political. That doesn't appear to be on the horizon, though, not in the foreseeable future. In the historic site in Richmond where the Confederacy once thrived, the United States Court of Appeals for the Fourth Circuit is ushering in the 21st century. "
WOW. As I read the NY Times article I was thinking that while it was very informative it was a thinly veiled attack on the 4th Circuit. And then, in the last two paragraphs the veil fell completely away. Even the NY Times isn't often that obvious.
Good to read that Wilkinson is trying to uphold the tradition of the gentleman judge. I'm sure Justice Powell would approve.
::: ::: :::
3/09/2003
My Web Site
Albemarle County will have a choice for sheriff between 3 men:
Claytor - 25 years as a police officer.
Sheriff Robb - former FBI special agent.
McLane - a local travel agency executive.
::: ::: :::
3/09/2003
My Web Site
You stole a piece of PIZZA?!?!?! I hereby sentence you to 25 years.
Well, you weren't violent and it really wasn't aggravated and it was less than $5. O.K. I'll reduce it to only six years.
Yeesh!!! This came from the Left Coast. I get scared by things like this because I can just see the Virginia Legislature becoming concerned that CALIFORNIA is being tougher on crime than the Commonwealth.
::: ::: :::
3/09/2003
My Web Site
"Deputies subdued the suspect and replaced the handcuffs." Nice euphemism.
Somehow I doubt that someone who gave law enforcement that much trouble was tamely "subdued."
::: ::: :::
3/09/2003
My Web Site
If you hide money after a judge tells you it is frozen you will go to jail.
::: ::: :::
3/09/2003
My Web Site
Another suit against the gun manufacturers has been dismissed.
::: ::: :::
3/09/2003
My Web Site
==Off Point==
I just ran a google search to see if and where this blog has been cited/linked. The results are:
The Virtual Chase: Apparently a research training blog for Ballard, Sphar, Andrew, & Ingersoll. It notes that I started my blawg on 12 January 2003 and gives a basic explanation of what I blawg. By the way, I'm a "he."
Gideon's Promise: Just a basic citing. Note that I also have this blawg cited to the left. It is a blawg well worth reading. Unlike most blawgs it sticks to criminal legal issues.
Lex Communis: Got me pretty much pegged (check out the citation). Also cited on my blawg; politics.
Southern Appeal: Kind enough to actually mention this blawg in a post. Also cited on this blawg; political and (lately) promotional cite of Gods and Generals.
How Appealing: Just a basic citation. Also cited on this blawg; legal/political.
Bag and Baggage: Basic cite under Blawgs - Practicing - Ken Lammers. This cite is legal/self interest(?).
::: ::: :::
3/08/2003
My Web Site
A man who found something productive to do with his jail time. Unfortunately, the guards just didn't appreciate the effort.
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3/08/2003
My Web Site
Sa'ad has gotten a court appointed lawyer. With only $700,000 in liens I can't imagine why he couldn't get his own. Of course, the court has also banned him from opening any lines of credit so even if some lawyer wanted to do a work now - pay later deal it couldn't happen.
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3/08/2003
My Web Site
Fined for owning 36 pets.
I can't even imagine. I have two dogs and a cat who all want my attention (usually at the same time). If I had 11 dogs I'd need a farm.
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3/08/2003
My Web Site
Oh dear! They took all Malvo's "good time" away from him. Why golly gee, if he only gets convicted of a misdemeanor he might just have to spend more time in the jail.
"Good time" for those who don't know is time credited toward one if that person is serving time in a parole State. Virginia has done away with parole for felonies so even if Malvo isn't killed he will never earn "good time" (assuming conviction of a felony). If only convicted of a misdemeanor you earn one day of good time for each day you serve (thus a sentence of 12 months = 6 months in jail).
3/08/2003
My Web Site
An editorial cartoon about the 3 strike ruling by the federal supreme court.
:::
3/07/2003
My Web Site
My law school has signed on to an amicus brief approving Michigan's use of racial preferences.
Not sure how I feel about that. The part of Bakke which is most quoted and relied upon comes from a W&L grad (Powell) so I guess the school is trying to support the legacy of one of its own.
An Aside (possibly apocryphal): Powell is looked back upon fondly as a fine example of the Southern gentleman lawyer-judge. He is remembered as polite and deferential to the person arguing his case even if he disagreed with the argument. One of the stories bandied about while I was at law school was that he was so perturbed by the abrupt, confrontational, and constant questioning by Scalia that he turned to a colleague during oral argument and asked "Do you think that young man realizes the rest of us are here?"
I would almost pay money if anyone could point me to a book, article, or transcript which provided actual proof of this event. Almost . . .
:::
3/07/2003
My Web Site
More on the San Fran indictment of pretty much everyone in the police department's heirarchy.
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3/06/2003
My Web Site
Today was a fizzle rather than a bang. After coming to court at 9:00 a.m. and handling a couple of cases I spent the remainder of the morning putting the final touches on preparations for a 1 p.m. jury trial (client charged with threatening to bomb a business; class 5 felony; up to 10 years). I got a look at the prosecutor's proffered instructions at noon and realized that they were missing a necessary instruction so I skipped lunch, went back to the law library, and created the instruction.
1 p.m. rolled around and client showed up (a concern since there had been no contact for a while). Unfortunately, the jury didn't. Only 18 potential jurors showed up on time and at the very least (assuming no strikes for reason) 20 must be present in order to get 12 jurors. We sat around for at least half a hour waiting and suddenly client decided to take the deal which had been worked out with the prosecutor prior to court date. So everyone was all prepped up, had their adrenaline pumping, and suddenly it was over without the jury.
Still, client only got 8 days in jail, no fine, and no probation so while I was a little dissappointed at having put all the work in prepping and then not going thru the jury trial I can't say his acceptance of the deal was a wrong choice on his part.
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3/06/2003
My Web Site
"We've always believed that society should stand by its police officers. Those officers routinely confront angry, violent, dangerous people in the course of their work -- people so scary that we want a thin blue line to protect us. We also hold police to a higher standard than, say, the city workers who collect leaves or fixes broken utility poles. That's why we want police officers to be held accountable when they do something wrong." Danville Register Bee.
This is a perfect expression of my opinion as well. Of course, if we are going to ask police to do this hard of a job and we are going to hold them to this high a standard we should probably pay them a lot more.
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3/06/2003
My Web Site
An argument to change the way in which judges are chosen in the Commonwealth.
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3/06/2003
My Web Site
Malvo is not happy with his jail cell.
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3/06/2003
My Web Site
"We have a 65-degree day. This is not good for us."
This is a quote from the acting police Capt. Darrell Alston of Richmond. You'll remember that I was amazed that people stopped shooting at each other in Richmond when the whole Commonwealth froze over. Well, the weather got better and there were 7 shootings (two dead).
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3/06/2003
My Web Site
You know, if this woman had asked me to protest I would have driven up from Richmond in a flash. I guess protesting is not just for granola-girls anymore.
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3/06/2003
My Web Site
Did you steal a nickel's worth of gum from the counter of your local 7-11 and get sentenced to 50 years in Red Onion?
Well you better win your appeal in State court because the federal supreme court has said that you are not its problem.
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3/05/2003
My Web Site
Someone stole Cher's wig. 'nuff said.
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3/05/2003
My Web Site
As a cat owner I agree that this guy should be punished (although this is yet another thing the legislature has made a felony). All I want to know is if he hurt the cat that badly why wouldn't the vet put it out of its pain?
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3/05/2003
My Web Site
Either the San Francisco police are incredibly corrupt or there is some incredible infighting going on or both. Note that the first officer quoted in the article is the leader of "a gay and lesbian police officers group." Only in San Fran (and - of course - the NY Times).
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3/04/2003
My Web Site
Quakers protest possible war (and are arrested).
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3/04/2003
My Web Site
Apparently nobody is getting to court on time in Hampton. This very badly needs to be fixed.
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3/03/2003
My Web Site
The results of the motions filed in the Malvo case. Nothing too unexpected.
Personal note: I am bothered by the refusal of courts to allow cameras in hearings. We are all proud of our "open courts." Open courts are supposedly a way to avoid corruption in the system by allowing real people to observe what goes on in the judicial system. Maybe it worked back before theaters and TV when the biggest show in town was when the judge rode into town and everybody went to watch the show. Nowadays people don't go to court unless they are summonsed, supoened, or have a deputy escort them in front of the judge. Televising the courts is the best possible way to make them once again observable to the public. Why is the judicial system scared of this?
:::
3/03/2003
My Web Site
The federal supreme court has heard arguments on whether someone can be restored to competency in order to stand trial. However, they may not make a decision because the matter is a pretrial matter and might not be ripe.
As an aside, a guard once explained to me how the drug regimen works. They go into the cell and offer the pills. The patient accepts or refuses. If he accepts all is happy in the world and he continues his path toward sanity. If he refuses he is forcefully given a liquid drug similar to the original but with one extra quality: it induces nausea for the rest of the day (and he continues his path toward sanity). As one guard put it to me: "They may be crazy but they're not stupid. The second or third day they start taking the pills."
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3/03/2003
My Web Site
FBI agents are looking the other way if their informants kill just a few people.
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3/02/2003
My Web Site
Monday the judge will decide THIRTEEN MOTIONS in the Malvo case.
A sixty-eight page motion is included arguing that Virginia's death penalty is uncostitutional. The prosecutor derides it because it does not cite many Virginia cases. I've not read the motion but I suspect that this is because Virginian courts do not place any meaning (or at least give any enforcement) to the rights guaranteed in the Virginia Constitution. Thus you would argue interpretations of the federal constitution - primarily thru the federal supreme court's opinions.
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3/02/2003
My Web Site
The fedgov is threatening to sue California law enforcement to stop it form using the national firearm database. Big Brother denying a way to lock more people up? Never thought I'd see the day.
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3/02/2003
My Web Site
Here's a much more eloquent opinion than mine addressing the ACLU threat to sue the governor in order to force him to deny people the opportunity to express a viewpoint of which it disapproves.
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3/02/2003
My Web Site
What is going on in Suffolk? This is the third sexual charge against a Suffolk police officer in the last couple years.
...
3/02/2003
My Web Site
Customer Service? Maybe we can get police to the point that they're polite as they capstun and cuff my clients?
It's always interesting when upper middle-class people come into contact with police. Silliness such as this seems to always ensue.
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3/02/2003
My Web Site
Somebody's trying to phone-scam folks in Harrisonburg.
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3/02/2003
My Web Site
An article confirming that prosecutors cannot use writs as a tool to force judges to do what they want.
A colleague of mine, John McChesney, worked on this but got no credit in the article. Good job John.
...
3/02/2003
My Web Site
Dang straight, as a defense attorney I want someone on the jury who can "feel [my client's] pain.".
No sane prosecutor will let Clinton sit on a jury. If he's not struck for reason he'll be a peremptory.
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3/01/2003
My Web Site
Who says liberals don't try to be humorous?
Personally, I found it a little disturbing.
3/01/2003
My Web Site
Life in a jail. I don't really have any problem with the check every 1/2 hour but I would hope they'd lock the prisoners in at 9:30p.m. or so and let them at least have the opportunity for 7 hours sleep. I think it would decrease tensions if people were actually rested.
...
Ambush in Bartlette
Chapters 1 - 13
Chapters 1 - 13
Law & Theory
- LAWS
- Va.'s Versions of Mayhem (malicious wounding et al): 4 In One Statute ~ Graphic
- Aggravated Malicious Wounding
- The Moped Exception
- Rape by Lie: 1 ~ 2 ~ 3
- No Intent Needed
- Arresting in a House
- Common Law Trespass
- Certificate of Analysis Introduction
- Probable Cause: Car Passengers
- Obstruction of Justice Limited
- Stealing Electronic Items
- Stolen Value: Price Tags
- Stolen Value: No Price Tags
- Stolen Value: Electronic Items
- No Weekend Jail on Felonies
- Obstruction of Justice Limited
- No Trifurcation
- No More Beer at the Barbeque
- Respondeat Superior
- DUI & Reckless Driving
- Can You Steal From the Dead?
- Outlawry Outlawed
- Felony 2d Degree Murder
- Banishment
- Computer Fraud
- Insta-Deputy
- PROCEDURE
- Using Statements Made During Plea Negotiations: 1 ~ 2a ~ 2b ~ 2c
- Invoking Right to Attorney in Virginia
- Who Prosecutes Misdemeanors?
- Expungement
- Surrebuttal
- Virginia's Reasonable Doubt
- Reasonable Doubt II
- Instruction: Right to Arm
- Virginia Castle Doctrine1 ~ 2 ~ 3 ~
- Dismissed with Prejudice
- SENTENCING
- I. Limitations on Right of Judge to Alter a Sentence
- II. Limitations on Right of Judge to Alter a Sentence
- III. Limitations on Right of Judge to Alter a Sentence
- Probation & Suspended Time
- Advisement in Virginia
- Jury v. Judge (sentencing roles)
- Limits on Evidence Presentable to a Jury
- Jury Sentencing Possibilities
- &CETERA
- Witnesses & Writ of Actual Innocence
- Domestic Battery & Firearm Possession
- Domestic Battery & Testimony I
- Domestic Battery & Testimony II
- Domestic Battery & Testimony III
- Domestic Battery & Testimony IV
- Shall Doesn't Mean Shall
- Just Following Orders
- Lycurgus Not Welcome in Virginia
Practice Tips
Specific Cases
- Jones:Trespass = Search
- Shatzer:4th Amendment Expiration Date
- Gant: Limiting Car Searches
- Montejo: No more 6th Amendment Protections
- Padilla & the Prosecutor
- Ventris: Allowing Unconstitutional Questioning
- Carroll Doctrine
Legal Theory
- Best Way to Choose a Judge
- What's a Prosecutor?
- Defense Attorney Purpose
- Plea Agreement Actualities
- The Big 4: Why I can't Go To Jail: 1 ~ 2
- Liquor Use Laws
- How to Fix Va.'s Court of Appeals
- Punishment Scale
- Punishment Scale Explained
- Punishment: There but for the Grace of God
- Heavy Sentences (1)
- Heavy Sentences (2)
- Probation
- Change Felonies to Misdemeanors
- Do Justice?
- Kentucky v. Virginia
- Must Prosecutors Disprove Affirmative Defenses?
- Drug Schedules & Punishment
- Defendants & Situational Sincerity
- 1) Immorality in Pleading Not Guilty
- 2) Immorality of Pleading Not Guilty
- Posner v. Hart & Strict Liability
- More Posner & Strict Liability
- Pre-Stare Decisis
- Let Juries Find People Innocent
- Tell Jury Elements Pretrial
- Falsity of Malum Prohibitum (1)
- Falsity of Malum Prohibitum (2)
- Falsity of Malum Prohibitum (3)
- Brady
- Writ of Spite & Hatred
- Various Riot Acts
- Tazers
- Finding of Innocent
- No Appellate Oral Arguments
- CrimJustice Purpose
- Pro Se Defendants
- Misdirecting the Police
- Stress Seekers?
- Plea Agreement
- Faking Probable Cause I
- Faking Probable Cause II
- Faking Probable Cause III
- Faking Probable Cause IV
- Legalese: Name Changes
- How Could We Best Select a Judge
- RICO & Bin Laden
- Requirement of Defense Attorneys
- Should Lawyers Make Clients Confess?
- Crummy Hired Defense Attorneys
- Noble Defense?
Back When I was a Defense Attorney
FEB03
Jury
Jury
JUN03
A Week in the Life
A Week in the Life
JUL03
A Week in the Life
OCT03
A Week in the Life
DEC03
A Week in the Life
JAN04
5 Events
A Needed Sign
A Week in the Life
Trial Desperation
A Week in the Life
A Week in the Life
Quick Panic
FEB04
Supress Motion
A Week in the Life
A Week in the Life
MAR04
A Week in the Life
Closing Argument
APR04
A Week in the Life
A Week in the Life
A Week in the Life
A Week in the Life
MAY04
A Week in the Life
A Week in the Life
A Week in the Life
JUN04
Chocolate Chip Marijuana
A Week in the Life
High School Critique
JUL04
A Week in the Life
Cripple v. Cop
01 Long Week
02 Long Week
03 Long Week
04 Long Week
05 Long Week
I'm a Narc
AUG04
Frustrating Day
Damn Yankee Defense
A Week in the Life
SEP04
Angry Relative
01 Long Week
OCT04
01 Long Week
02 Long Week
03 Long Week
04 Long Week
-----
01 Long Week
02 Long Week
03 Long Week
NOV04
Client Families
DEC04
01 Long Week
02 Long Week
03 Long Week
04 Long Week
05 Long Week
06 Long Week
Surprise at Prelim
Confronted
JAN05
A Sentencing Hearing
Sales Lady Visits
FEB05
Purse Search Brief
Violent Insane Client
MAR05
Affidavit of Truthfulness
Juvenile Detention Visit
Moments in the Life
Fail to Visit
APR05
Trial of the Century
MAY05
Transcript: Court Argument I Won
A Day in Court
Moments in the Life
Angry Jury Day
Angry Jury 02
JUN05
Eureka Sentencing Moment
My Own PI
Innovative Jail Phone Call
A Moment in Court
A Moment in Court
JUL05
Huh?
Raccoon Attack
AUG05
Picking on a Prosecutor Intern
Moments in the Life
SEP05
Victory by Speedy Trial
OCT05
Kicking Myself
A Day in the Life
Insane Client & 15 Deputies
Torture by Judge
A Federal Habeas
NOV05
Invisolawyer
Petition Freak Out
Moments in the Life
Moments in the Life
State Habeas
DEC05
Moments in the Life
JAN06
Jury Trial Fizzle
FEB06
A Bench Trial
Bittersweet "Victories"
A Prosecutor Tries to do Right
MAR06
What Just Happened?
Va. Worse than Conn.
Illness as a Defense Attorney
Failed Prison Visit
APR06
Heard in a Courthouse
Appellate Court Argument 01
Va. Court of Appeals
MAY06
Heard in Court
JUN06
Bad Press
Entire History of a Trial
Bad Press 02
JUL06
I Must be too Good
AUG06
Announce Becoming Prosecutor
The Last Life in a Week
Monday
Tuesday
Wednesday
Thursday
Friday
Client Communication
~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~
CYA Letter: Felony Client
CYA Letter: Appeal
-----
Dear Mr. Jailhouse LawyerConversation between Inmates about Lawyers
Innocent Client Pleads Guilty
Client Parents
Time as a Prosecutor
JAN07
The New Office
FEB07
Different Court Diferent Behavior
Competency
MAR07
Cats
Ma'am I'm the Prosecutor
JUN07
I know nothing
23 Felonies
JUL07
Cross
Cross II
2d Simplest Explanation
OCT07
Jury
FEB08
CrimLaw Prosecutorial Corollary #1
MAY08
Paranoia
JUN08
Why Not Drop?
JUL09
Buy Me Dinner First
AUG09
Jury Sentencing Argument
SEP09
Is Litter Patrol Jail?
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Sentencing Law and Policy
FourthAmendment
Law of Criminal Defense
CrimProf
White Collar Crime Prof
4th Circuit
...
Simple Justice
Defending People
a public defender
Underdog
Indefensible
DUIblog
Southern District of Fla.
Criminal Defense
Harris Co. Crim Justice
...
Seeking Justice
Crime and Consequences
The Chicago Syndicate
Patterico's Pontifications
The Magistrate's Blog
Trials & Tribulations
Charon QC
Changing the Court
Virginia Blogs
SW Virginia Law
Va Poli Blogs
Vivian Page
Bearing Drift
Not Larry Sabato
Worthwhile
Bloggingheads.tv
Gruntled Center
WindyPundit
day by day
The Faculty Lounge
Legal Scholarship Blog
PrawfsBlog
Justice & Drugs
Ernie the Attorney
Bag & Baggage
In case anyone out there needs this warning: This ain't legal advice. Everything in the blog is off the cuff and no one goes back and reads all the cases and statutes before blogging. The law may have changed; cases misread and misunderstood two years ago can still lead to a clinging misperception. Courts in your county, city, or State probably don't operate as described herein. Feel free to be inspired, but YOU MUST ALWAYS DO YOUR OWN RESEARCH OR HIRE A COMPETENT ATTORNEY TO DO SO because I haven't.
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