jumpstart

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!

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

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.

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!

photo credit: David C. Foster

It’s going to be a scorcher today!

• CT’s Supreme Court issues a gay marriage ruling.
• Another Texas oddity: A motor vehicle known as the Cruzin’ Cooler. Take a guess.
• Someone far smarter than me tries to untangle the hodgepodge in U.S. v. Santos
• A law grad in Michigan was denied admission to the bar after he answered truthfully about his views on the justice system.
• America’s prison population has hit an all-time high (particularly amusing to me since I spent all day yesterday watching the first season of Weeds. Yes, that is a pot joke).
• Mark Bennett exposes yet another member of the seedy bar: Ollie the Cabdrivertising Attorney. We all have an Ollie in our local bars.
• Anne Reed on gaze aversion by jurors.
• NY appellate court upholds warrantless use of GPS to track suspect.
• When you fight about everything in a case and file stupid motions, you get rulings like this.
• Juries writes about CT’s new opt-in jury duty law and the Constitutional problems it might present.
• Lowering the bar reviews the history of the use of the F-word in SCOTUS oral arguments.
• Norm is on trial representing a long-lost Bobbitt.
• SL & P reports that the “soft on crime” presidential mud-slinging has begun.
• Obscenity is what 6 people think it is: “Max Hardcore” found guilty.
• Scott comments on a judge finally using discretion to block attempts to give a defendant a length sentence.
• CDW’s weekly edition is here.

Just because I was on sabbatical doesn’t mean the rest of the blogosphere was too. They kept themselves busy and here are some of the choice stories:

• Dan Solove at Co-op suggests further that the Federal statute used to indict Lori Drew is unconstitionally vague.
• Mike at C&F points to contradiction between the government freezing assets upon arrest and the presumption of innocence. More from CrimProf blog.
• Mark Bennett tells us the humorous story of a reporter who made several attempts to interview a defendant and then referred his attorney to the First Amendment.
• Anne Reed brings us the latest tale of Batson challenges, this time because of cameras in the courtroom. Maybe this’ll change Norm’s mind about them.
• EvidenceProf has a new essay arguing that there should be a “wrongful incarceration/execution” exception to attorney-client confidentiality.
• David Giacalone at f/k/a has this absolutely riveting post on the meaning and pronunciation of the word synecdoche.
• Grits asks that question: Is LWOP worse than the death penalty [Scott answers it - I think - here], while continuing his outstanding coverage of the LDS disaster.
• From SL&P, a story about the Japanese using technology to avoid sentencing disparities.
• Professor Scott takes on that old law school staple: the slippery slope.
• Skelly does some super sleuthing.
• CDW reports on a possible TX death-row exoneration.

Enjoy the day off!

photo credit: coalandice

Isn’t it remarkable how time always flies in the spring and summer and crawls along in the fall and winter? We’re already into the second week of May. Don’t blink, or you’ll miss the rest of it. In fact, keep your eyes wide open and enjoy the following stories and blog posts:

• S.cotus at Appellate points out the silliness in CNN legal commentator Sunny Hostin’s rant about pro-se defendants.
• Here’s one way to avoid jury duty: get high outside the courthouse. Of course, that all but ensures repeat trips to the building, but hey, at least its not for jury duty.
• Law Geek index is at 100 with this post, fantasizing about introducing real legal concepts to Grand Theft Auto IV.
• It might be a good idea to let your client know that you’re being prosecuted too.
• Mark Bennett wonders if there is a market for the hired-gun prosecutor.
• The Fifth Circuit comes close to reversing another conviction for (not so?) faulty voir dire.
• Grits turns his attention to the next frontier in wrongful convictions: Arson.
• Lawmakers in Missoura are voting on a proposal to require proof of citizenship from anyone registering to vote.
• Three eight-graders suspended for not standing during the pledge of allegiance.
• Iowa’s Supreme Court approves of indefinite confinement of “Sexually Violent Predators”.
• Are cameras reducing crime in Philly? asks the Judgment Day blog.
• The Judge who sued the Korean dry cleaners for $65mil (and lost) is now suing to get his job back (and only $1mil in damages).
• Norm Pattis takes issue with CJ Rogers’ proposal to allow camera phones into courts. I disagree.
• Prof. Berman points to an editorial on racial inequality and drug arrests and Scott goes in-depth. (Berman’s also making a short-list of possible SCOTUS appointees).
• Then there’s the whole “rape by fraud” melee.
• Has the defense bar been gutted by fear?
• The Legal Satyricon has the latest on the AutoAdmit/Yale defamation lawsuit.
• The CT Lege’s special session may include ethics reform.
• The Windypundit has another radical idea for reform: Permit lawyers to use peremptories on judges.

What? You want more?

photo credit: Sluggo

Slightly over one year ago, I debuted the Monday Morning Jumpstart (and it typical Gideon fashion, it was posted that evening). Look how it started out! Just four links. Ah, the innocent days.

Anyway, before we jump into this week’s…jumpstart…. I wanted to thank all of you that read the blog and especially those of you who actually click on a link or two in the Jumpstart. Thanks.

• Dan Hull at What About Clients? comes out very strongly against elected judges.
• From Jamie Spencer, can you spot the problem with how this bill was written?
• Blonde Justice asks whether it is wrong for us defense lawyers to want to see someone prosecuted. Norm had a similar post about attitudes toward prosecutors and cops when they become defendants.
• The CrimProfBlog’s thoughts on Virginia v. Moore.
• Mark Bennett sides with the cited lawyer in the “hand gesture” contempt incident.
• Anne Reed tackles disqualifying jurors that are related to the judge. Juries follows it up with some studies on the subject.
• EvidenceProf covers the recent 9th Circuit decision finding no RS required for search of a laptop at the border.
• LegalBlogWatch brings us the story of the student who twittered “arrested” to alert his family. Technology finally being put to good use.
• Norm correctly points out that the Sean Bell saga is far from over.
• Two interesting crim cases might be granted cert. by SCOTUS today. Watch SCOTUSblog for the news.
• Scott asks whether the criminal justice system is too broken and whether we can do anything to fix it.
• Western Justice asks whether defense attorneys are ‘lie promoters’, but really is tackling the ethical question of presenting patently absurd defenses.
• The WSJ Law Blog has the highlights of Justice Scalia’s interview with 60 minutes.
• CapDefWeekly’s weekly roundup is here.
• A sex offender in CT is suing his neighbor, claiming harassment.

That’s all I have. If I missed anything noteworthy, leave a comment! Have a great day