- Orin Kerr at Volokh has a new draft paper ‘The Curious History of Fourth Amendment Searches’.
- Is the criminalization of the practice of law here?
- Max Kennerly writes about the herd mentality among judges and juries against the backdrop of the death penalty.
- The DOJ will argue today that they don’t require a warrant to track your cell phone.
- Bonus: Descendants of executed CT witches want the state to pardon their ancestors.
a public defender
#2 is pretty scary sounding. I could see civil sanctions for failing to follow Rule 26, but if I recall my civ pro and Rules of Professional Conduct correctly I always thought things prepared in anticipation of litigation are protected. I think it’s important to note that she ultimately was acquitted so it seems that it was not illegal. Though I’m sure it was not a fun experience defending against the U.S. Attorney.
As prosecutors will remind you: it’s not that it wasn’t illegal; it’s that a jury didn’t find it to be illegal in this case for whatever reason.