a public defender

If you're new here, you may want to subscribe to my RSS feed. Thanks for visiting!

You know, on this day off, I finally decided to get back to posting a Jumpstart, but then I realized that the Texas Torndao was hosting Blawg Review this week. So I mosied on over there, and sure enough, he’s got it all. He’s done a terrific job of covering the week’s criminal law blog posts and news stories, so anything I write here will be duplicative.

It’s a day off, so make yourself useful and head on over to Blawg Review 199. It’ll keep you busy all day, I promise.

I wish the snow would melt, but doesn’t look like it’s going to happen for another two days or so. That means Gideon is lethargic and when Gideon is lethargic, Gideon makes lists.

Here, enjoy these fine posts from around the blogosphere:

photo credit: Tero Heino

I’m not asking about the next long weekend because I want an extra day off or anything, but simply because this long weekend produced a lot of posts and stories worth reading. Here are some of them:

• The most disturbing is this story out of Florida, where the new elected public defender fired 10 of the most experienced lawyers. Bobby G and Hit and Run tell you why it’s a problem.
• A fired public defender’s lawsuit against the State reaches the CA Supreme Court.
• The LA Times has this first of three stories on a lawyer who has been married for 25 years to one of the most dangerous men in CA’s prisons.
• This blog is giving out free legal advice (”free consultations”).

Just a few things you should read this morning:

• In light of my recent post about the plight of pd systems, Scott writes a stirring tribute to the public defender and hidden in that is a call to arms for every other lawyer. More on that, and my own thoughts, later.
• The Courant reports on this new ACLU study which finds that – surprise! – minority kids are arrested more than white kids. Definitely some more on this later.
• On the DNA front: 6 exonerations in NE and unreported DNA in a Baltimore case casts doubt on conviction
• The Lori Drew trial has taken some odd turns: yes suicide, no suicide, yes!

That’s it. Now get to work!

A day early, but never too much so to salute the veterans who have served this country over the years. This one’s for you:

• Speaking of serving your country, public defenders in seven states are refusing cases due to high caseloads and low funds.
• Why the path of least resistance in police encounters isn’t always the best approach.
• Michael Dorf has some interesting suggestions for post Proposition 8 strategy.
• SCOTUSblog has this preview of today’s argument in Melendez-Diaz, a Crawford case.
• Jon Katz argues that the slowing economy demands a tighter criminal justice system.
• New Haven implements street cameras.
• The fantastic OLR has this report detailing every single time in the last 30 years that the legislature has responded to a Supreme Court or Appellate Court decision.
• Who bears responsibility for overburdened dockets? Not judges.

Huh. That was a slow weekend. Anyway, enjoy the day and the day off tomorrow, if you have it.

photo credit: freakgirl

It’s Jumpstart time! There have been a bunch of stories over the past week I’ve wanted to write about, but haven’t had the time, so here they are, plus the usual suspects:

• NPR did a three part series on Angola and the convictions of Woodfox and Wallace. Must read/listen.
• The Judicial Branch website has updated its page of “common legal words” with links to forms and instructions.
• Making law is interpreting law.
• From Deliberations, who is qualified for death?
• Will prostitution become legal in SanFran?
• Do cops always side with businesses over customers?
• CDW’s weekly edition is here.

And my feed reader has died, so this is all you’ll get. Remember to vote tomorrow and vote NO on question 1 in CT.

Good morning folks. Hope everyone is able to enjoy this long weekend. I’m taking advantage of the day off by posting a Jumpstart, after a several week hiatus. Here are the weekend’s most interesting posts and stories:

• Two law schools will now disregard the LSAT. Why didn’t this happen when I was applying to law school?
• A little judicial humor goes a long way.
• Blonde Justice shows us how jury selection is different everywhere you go.
• This piece at Co-Op talks about the viability of alternate remedies for prosecutorial misconduct impropriety, eschewing the traditional all or nothing.
• Bennett reviews the e-book “The Truth About Hiring A Criminal Defense Lawyer” and gives it three whirls of the chainsaw.
• Anne at Deliberations got her hands on the O.J. questionnaires and gently encourages us to role-play with them.
• The Dallas Morning News has this fantastic series on questionable police tactics (ID and otherwise) that put innocent men behind bars.
• The same News then follows up with this piece on the problems with “show-ups”.
• The Courant has this long and touching piece on the struggle of Beth Kerrigan – named plaintiff in the gay-marriage case.
• Michigan attempts jury reform. Juries has the details.
• Here’s a preview of the upcoming week at SCOTUS.
• The US Sentencing Commission is looking at alternatives to incarceration.
• Scott doesn’t like jailhouse lawyers asking him to lie.
• Judge Pirro isn’t very popular.

That’s all for today! Enjoy the day off.

So who watched the Emmys? I’m pretty bummed that Jon Hamm didn’t win, but also quite happy for Malcolm’s father.

Anyway, here are the most interesting legal posts of the past week(end):

• TalkLeft gives us a primer on the harsh South Dakota abortion law that is being proposed to challenge Roe v. Wade.
• Bennett urges us to join the NACDL – and at the very least to read new President John Wesley Hall’s inaugural column [pdf] in Champion.
• Lawyers make the news – and not in a good way.
• 35% of lawyers would choose their Blackberries over their spouse…I’ve seen you posting to the listserve from your Blackberry…you know who you are.
• The Palin e-mail hacker may be caught after all.
• Anne Reed brings us another jury questionnaire, this time from the trial of a serial killer.
• Dissenting judge tells plaintiff in civil rights suit to take police cruiser video to youtube – and he does.
• Scott vocalizes a feeling we’ve all felt: wishing we could help them all.
• Volokh asks whether non-unanimous jury verdicts in criminal cases are Constitutionally permissible.
• Injustice Anywhere is back and blogging again. I missed her posts.
• CapDefenseWeekly’s email edition for this week is here.
• The Underblawg reminds us that there’s always more to our clients in a powerful sentencing argument.
• The NYT tackles the one election issue that has meaning to us lawyers: what will the Court look like for the next generation?
• Jon Katz gives us an update on defending the first federal trial for online copyright infringement that primarily involves music.

That’s all! Enjoy your day! Stay tuned for more posts later and, of course, liveblogging tonight’s episode of Raising The Bar.

Surprise!

What’s this, you ask? A regular feature that had been relegated to dusty shelves makes a re-appearance? Why yes, I say. It is the Jumpstart. Don’t get too excited, though. It may or may recur.

So, onto this weekend’s top stories and posts:

• WI Court finds that man has expectation of privacy in nursing home sex with comatose wife (TChris of Talkleft represented defendant).
• Troy Davis’ clemency petition has been rejected.
• Reputed NYC defense lawyer indicted in plot to “eliminate” witnesses.
• Bennett has thankfully weathered Hurricane Ike. You can read his daily updates with pictures on his blog.
• 11th Circuit holds that it is not unreasonable to taze a motorist three times for refusing to sign a speeding ticket.
• Study finds that juvenile programs should be a place of last resort.
• Should judges receive the benefit of loan repayment?
• SanFran will vote soon on decriminalizing prostitution.
• VA’s anti-spam law struck down as unconstitutionally overbroad (No, not spam in a can)
• From our neighbors up North, a fascinating new standard for admission of juveniles’ statements.
• The Underdog Jon Katz has this very insightful (and helpful) tip on how to get a judge to revisit a bonehead ruling.

Unfortunately, that is all for today. Enjoy the weather!

aaargh! It lives!!!

Yes folks, believe it or not, the Jumpstart is alive! After spending three weeks in the infirmary, the Jumpstart has made it through. There were times when it seemed like there was no hope and the plug needed to be pulled, but every time that happened, poor old Jumpstart’s heart would beat a little faster, like an episode of House.

So, it’s here and raring to go. Leaner, meaner, greener and fighting machine-ier.

Start off your morning with these interesting posts and stories:

• The Texas Tornado has a fantastic post on the naivete of some prosecutorial veiwpoints.
• Could anti-drunk driving TV campaigns be a way to tamper with potential jurors?
• Scott tells us that the U.S. may have screwed up its response to the Lori Drew motion to dismiss.
• Missouri has an “old-timers” unit in prison. Others will probably have to follow suit as populations age and prison sentences remain astronomically high.
• In Virginia, they’re testing DNA on old convictions, but aren’t sharing the results.
• Loan forgiveness finally signed by the Prez. H/T Skelly
• The Underdog asks my favorite question du jour: How can a proper Terry patdown find crack cocaine?
• In the day’s “duh” category: prosecuting juveniles as adults increases chances of recidivism.
• Heller goes to school: Texas will now permit teachers to carry guns to school. Yay.
• It seems Gerry Spence reads my blog. He writes about the “secret of winning” (again) and focuses on preparation. But he also disses public defenders. So that’s not good.
• EvidenceProf brings us an interesting 7th Cir. decision on the testimony of a psychologist to prove lack of impulse to negate “attempt”.
• Probably the worst place you can get into a fight: a prison transfer van.
• Of course, Hartford’s curfew is still making news (although zero new violence in the city since last week!)
• Someone sees the light and dismisses a “mandatory reporter” prosecution.
• Not that there was any real doubt, but: DNA helps confirm that the recent Bigfoot capture is a fake.

That’s it. Come back tonight for more. Have a good day!

It’s been an unusually “verbose” weekend for me here on the blog, so for those of you logging in for the first time since Monday, here’s a list of the posts this weekend (in reverse chronological order):

• Police brutality?
• I took the plunge
• Right of allocution subject to cross-examination
• Sunday Stupidity: Love your cop edition
• I’m not judging
• Hold your breath: prison de-segregation to begin

Jumpstart to follow

photo credit: gte333f

As promised, this Fourth of July’s most interesting posts and stories:

• Prior to the Fourth of July, a fireworks manufacturer in CT lost a suit seeking return of over 500K worth of illegal fireworks seized by police.
• The Fourth of July edition of Blawg Review is up here.
• Speaking of digests, Capital Defense Weekly’s weekly roundup is here.
• So Justice Scalia used incorrect information in his controversial Boumediene dissent. I don’t hear calls for him to correct it, a la Kennedy.
• Blondie refines her answer to the question.
• Norm has given up blogging…for now?
• Mark Bennett gives us a Chappelle-esque edition of “Teaching him a lesson gone wrong”.
• Anne Reed wants you to stop thinking like a lawyer when dealing with juries.
• EyeID writes about new technology for composite sketches and how this might be a good thing.
• f/k/a reminds you to Drive 55.
• How good is anyone at spotting lies, asks the Gritmaster, and how does it affect eyewitness ids?
• A recap of the non-capital cruel and unusual argument before the GA Supreme Court.
• SL&P covers prosecutorial discretion in charging death.
• First Heller went to the airport, now Heller goes to Disneyland.
• Should a victimless DUI be a crime?
• The New Haven Advocate tears the editorial board of the New Haven Register a new one over immigrant IDs.
• These are our clients.
• One man’s take on what it means to be a pd.
• UFO stupidity alert.
• DUI arrest even though BAC is 0.0 (yes, 0.0)

Enjoy the night (and tomorrow)!

Thanks to the long weekend, the Jumpstart will not be ready until later this evening, when it will be called (as usual) the wind-down. My apologies. If you’re itchin’ for some readin’, click on some links on the left.

Who’da thunk it? Fourth of July is almost around the corner (and fireworks are still illegal) and before you know it, it’ll be snowing again. Dammit.

These stories and posts should take your mind of that chilling eventuality:

• A whole bunch of new laws go into effect Tuesday – including, ofcourse, the stiffer penalties for home invasions.
• What effect will California’s same-sex ruling have on the CT Supreme Court (whose decision has been pending over a year, btw)?
• Georgia’s Supreme Court is poised to review a non-capital sentence for proportionality under the Eight Amendment.
• SexCrimes has all the post mortem on Kennedy.
• Scott brings us a juror’s take on a potential sentence incorporating acquitted conduct.
• Maybe our job is not thankless after all?
• The Confrontation Blog deconstructs Giles – part one and part two.
• Answering some questions on the impact of Heller.
• My post on the CT Supreme Court’s year-in-the-making magnum opus reversing kidnapping precedent is here.

Enjoy the day!

photo credit: Taekwonweirdo

Apparently there’s a hail advisory for this part of the State. Which one of you angered the weather Gods? Make it up to them by spending your morning reading some of these stories and posts:

• Rest in peace, George Carlin.
• The big news in Kansas is that juveniles now have the right to a jury trial.
• SL & P brings us news of a bizarre motion filed by prosecutors in a death case, seeking to bar the defense attorneys from crying in court. The comments are a must-read too.
• A prosecutor admits to throwing a re-trial where there was strong evidence of innocence. More from Talkleft.
• Man sues church after falling due to receiving the holy spirit. Yeah, it’s exactly what you think it is.
• The Kelo decision was not that bad.
• Western Justice ponders the existence of a “crime gene”.
• Grits reports on how flawed ID and crime lab procedures not only imprison innocent men, but also hamper crime-solving.
• Anne Reed loves the bumper sticker question.
• From across the pond: defendants have the right to know the identity of witnesses testifying against them.
• CDW’s weekly edition is here.
• AFI’s Top 10 courtroom dramas.
• Having wrapped up Hartford’s crime problem, mayor Eddie Perez led a demonstration outside the Hartford Courant to protest anonymous commenters on its message boards.

Have a good day!