Public Defense
A Public Defender 
Criminal law news from Connecticut and around the country.
Post Frequency: 2/day Last Entry: November 18, 2009 at 22:11:06 Recent Entries: 636
By Gideon
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Wednesday is Sunday stupidity
Posted on November 18, 2009Because I got nothin’, I give you this video. Lolcat FTW. Click here to view the embedded video.
Non sum qualis eram
Posted on November 17, 2009From the NYTimes comes this heartwarming story of one of the nation’s elite universities privately funding an educational program in one of CT’s toughest prisons. Starting this year, Wesleyan brings its excellent curriculum and stringent admission requirements to prison, in an effort to educate and rehabilitate inmates, something the State of Connecticut and the DOC [...
Another conviction reversed: Exhibit n for no prosecutorial immunity
Posted on November 15, 2009In what is becoming routine, another conviction was reversed this past week in New York, this one too based on the eyewitness testimony of 5 individuals. This, though, isn’t the usual case of mistaken ID nor is it a DNA exoneration. Convicted of murder in 1992, Fernando Bermudez has wrongly been in jail for 17 years...
Life on the inside: an inmate?s view
Posted on November 15, 2009For two months now, the Ann Arbor chronicle has been publishing the Washtenaw Jail Diary, a series of chapters by a former inmate at that jail, chronicling his life behind bars and his experiences. Interestingly, the content of the chapters were originally published as tweets, but later taken down and deleted...
Title bout in GA: death penalty vs. no money
Posted on November 15, 2009This seems to have been a week of heavyweight fights. Last night some guy named Pacquaio rearranged the face of some dude named Cotto and earlier in the week, in the state of “even Brian Nichols didn’t get death”, aka Georgia, the well oiled machinery of state sponsored murder took on the almighty dollar...
So long, farewell, don?t let the door hit you on your way out
Posted on November 10, 2009[Alternate post titles: So long and thanks for all the blog fodder; This just in: The Law now has a weak pulse] So, it’s probably unnatural and unhealthy to be so giddy upon learning that Gov. Rell has decided not to seek re-election, but as most of you know, I can’t stand the woman...
Cross racial, gender Epic Fail
Posted on November 01, 2009trying to figure out? H/T: 4th, via who else
This I believe
Posted on October 31, 2009Man is neither inherently good nor bad. I believe that we act in ways because we are, for whatever reason, compelled to do so. I believe that we, as a society, need to assign labels to define behavior, to make ourselves feel better. As someone who stands in a room of judgment, day after day, and [...
From the Ministry of ?It has to sink in eventually, right??
Posted on October 20, 2009The Death Penalty Information Center, in keeping with its tireless mission of boldly going where no man has gone before abolishing the death penalty has yet another “why didn’t I think of that!” report out today, pointing out (yet again) the stupidity of persisting with the death penalty in these financial times (and the general [...
Drunk driving is different
Posted on October 20, 2009Ordinarily, on a criminal law blog, the words “is different” would usually be preceded by the word “death” and an accompanying rant about the futility of the death penalty and the special standards to be applied in deciding whether a State should be in the killing business (I do not disappoint: see next post)...
I?d probably run
Posted on October 18, 2009Over the last three months or so, I’ve twice had the experience of riding the elevator with a client. There’s nothing out of the ordinary about riding the elevator with the client, but these two particular times, the proverbial bell was tolling...
CT Supreme Court to act like the big boys
Posted on September 02, 2009After years of hearing cases in panels, the CT Supreme Court announced today that it would start acting like a Supreme Court and have all 7 justices decide each case. Instead of only a panel of 5 hearing oral argument, all 7 will be present during argument and vote on cases...
Ineffective Assistance in action
Posted on September 02, 2009Via an anonymous PD, here is a transcript of some truly atrocious lawyering by a public defender in Virginia. Read it for yourself.
Maybe she?s in advertising?
Posted on August 31, 2009Isn’t that what they say about advertising? You repeat things three times so people get it? Either that or she misunderstood the import of King Bruce’s lesson.
Sunday stupidity: beaten by a chair edition
Posted on August 30, 2009Click here to view the embedded video.
The Fourth Amendment takes the red pill
Posted on August 28, 2009And down the rabbit hole we go, with United States v. Comprehensive Drug Testing (aka the MLB steroid case). The decision brings fourth amendment and technology into version 2.0, otherwise called the digital age by essentially doing away with the plain view exception...
Mom, am I really 5?
Posted on August 26, 2009Just saying, that by my very rough estimation, this blog (and its predecessor versions) is about 5 years old. Man, do I have a lot of free time. Just saying…
What I want to know is
Posted on August 26, 2009How someone gets convicted of anything based on these facts: On March 19, 2005, the victim had fallen asleep on the living room couch in her mother?s home. Her mother awoke her and instructed her to go upstairs to bed so that the defendant could sleep on the couch...
Texas kills?..an innocent man?
Posted on August 25, 2009The first half of the title of this post (shamelessly plagiarized from our good friends at CapDefWeekly) should come as no surprise to anyone. Texas is a powerhouse when it comes to executions, rapidly putting people to death. The second half of the title should also come as no surprise, though...
This and that?and that too
Posted on August 24, 2009Links to stuff I don’t care to make into full-fledged posts: State to use stimulus for DNA testing: maybe now we’ll have to wait only 3 months for results. Study to measure effectiveness of restraining orders. Crime cameras on their way? More stories on the cost of seeking the death penalty...
Get off my lawn and into my jail, damn meddling kids
Posted on August 24, 2009I’m a little late in “reporting” on this, but it’s worth pointing out. The esteemed Heritage Foundation has issued a new report/study/propaganda piece/Robert Ludlum laugh-a-thon titled “Adult Times for Adult Crimes: Life Without Parole for Juvenile Killers and Violent Teens”...
Crazy? Jail?s the place for you
Posted on August 23, 2009This post has been a long time in the making. Over the past few months, I’ve had to deal with clients – and have observed other lawyers dealing with their clients – who have severe mental health problems. And each one of us can tell you that there’s nothing more difficult – or more heartwrenching [...
Does the automobile exception permit search of a laptop?
Posted on August 21, 2009Orin Kerr leads a discussion at Volokh.
Thursday is one day after link dump day
Posted on August 20, 2009I have tried to think of something to write about – honestly – but most of the topics out there right now are just meh, so I’m gonna take the easy way out and give you some links to click on. Some of these are stories you’ve heard about ad nauseum already and some you’ve [...
Ooo, look: a sex offender (is doing what he should)
Posted on August 18, 2009It seems as though Connecticut’s problems with its probate courts have been solved and they’re running all hunky-dory. How else can one explain the unsolicited comments by two probate judges (remember, these aren’t actual judges. In fact, they aren’t even lawyers...
We interrupt your regularly scheduled?
Posted on August 10, 2009…radio silence to bring you this update: The world has ended. In the defense interview the prosecutor and the victim advocate decided to place Stilson on top of the table during the interview. It was such a surprise to the child (and the defense attorney) to see Stilson snoozing on the table that the child came out [...
Liveblogging Raising The Bar: Season 2, Episode 3
Posted on June 22, 2009Liveblogging Raising The Bar: S2 E3
Dear Governor Rell: death penalty?s broke and we can?t fix it
Posted on May 22, 2009Dear Governor Rell, Hi, it’s me, Gideon. This is my second attempt at a letter to you. The last one was somewhat trivial by comparision. I hope you take the time to read this, though, as I’m sure the last one ended up quickly at the bottom of your rubbish bin...
CT lege abolishes death penalty; veto next?
Posted on May 22, 2009After an excruciatingly long 11-hour debate that was peppered with vacuousness, cherry-picking and childhood stories, the CT Senate finally got around to voting on whether the State should abolish the death penalty. This historic vote ended in favor of abolition, but just barely...
Oh you ungrateful defendants!
Posted on May 13, 2009If there were a job where the only requirement was to give pithy (sometimes catchy, but usually poor) titles to Connecticut Supreme Court decisions, I would take that job and assign the title of this post to State v. Sanseverino (II), issued yesterday...
CT House passes bill abolishing death penalty
Posted on May 13, 2009There must be something about this date. May 13 is now host to two significant death penalty events in Connecticut. On May 13, 2005, the State executed Michael Ross, after about a year of wrangling on his part to make it happen. Today, the CT House of Representatives voted 90-56 in favor of a bill [...
June 8th. Write it down.
Posted on May 10, 2009Season 2 of Raising the Bar begins June 8 on TNT. Mark your calendars, because this can mean only one thing: the return of the weekly Raising the Bar liveblog right here at a public defender.
What does ?excessive? mean anymore?
Posted on May 10, 2009Article 1, Section 8 of the Connecticut Constitution states: In all criminal prosecutions, the accused shall have a right … to be released on bail upon sufficient security… nor shall excessive bail be required… The Eight Amendment to the United States Constitution states: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments [...
Sorry, week from hell
Posted on April 30, 2009I guess the title explains the lack of blogging. But I’ll be back soon.
Blog, blogger, blogging
Posted on April 26, 2009This here is what one might call a Public Service Announcement. Here’s a handy guide for those of you who want to sound “up” on the lingo and trends in our lexicon, c. 2009. This way I won’t think you’re a wannabe when you talk about blogging or tweeting...
4th Amdmt gets CPR (Arizona v. Gant)
Posted on April 22, 2009In what is overwhelmingly being described as a “rare” or “never thought I’d see it in my lifetime” move, SCOTUS yesterday effectively overruled lower courts’ incorrect interpretations of Belton v. New York in Arizona v...
You know you?re screwed when? (Texas edition)
Posted on April 21, 2009Here. Let’s play a game. I give you a sentence, you fill in the blanks. Everyone wins. You know you’re _____ when you’re an ______ on _____ _____ in _______ and your _______ misses _______. ___ ____ ____. Texas lawyers have repeatedly missed deadlines for appeals on behalf of more than a dozen death row inmates in [...
You know you?re screwed when? (part 1)
Posted on April 21, 2009Today, I was arrested for DUI. I spent a few hours at the police station and I called a friend to come get me. When my friend came to pick me up, I decided it would be a good idea for me to drive home. On my way home from the police station, the cop [...
Indigent defense is in dire need of reform
Posted on April 17, 2009A very important study was released earlier this week by The Constitution Project, titled: Justice Denied: America’s Continuing Neglect of Our Constitutional Right to Counsel [here's a PDF of the entire report]. The study is a survey of all 50 states and the Federal government and the levels of indigent defense provided by each...
All for $53
Posted on April 12, 2009Down under, the very curious tale of Judge Marcus Einfeld is unfolding in tragic fashion. The judge, a 70 year old champion of human rights, is now facing 2 years in jail - all for thinking that he could get out of paying a $53 (£36, really) fine for going 6 miles above the speed [...
These bills made it! (Proposed legislation)
Posted on April 10, 2009As I mentioned in my last post on bills that died, there was mix of good and bad among the bills that passed through the judiciary committee and have a chance of making it into our statute books. Leave it to me, your trusty intrepid CT legal reporter, to tell you which bills are good [...
Rest in Peace, good bill, your time will come
Posted on April 10, 2009It’s that time of year - when the legislature’s committees are done discussing, when one party has successfully blocked discussion and vote on other bills and the few stragglers that made it through leave behind a myriad of bills that died on the floor...
If you like these things, you?re a poseur
Posted on April 10, 2009That’s right. I said it. You’re a poseur if you like… 1. You’re over 25 and you’re hooked on Facebook. Seriously, what’s that about? Start a blog or something. Facebook is for your kids. 2. Heavy metal. I thought the point of music was to understand and appreciate the music and lyrics...
Get off my lawn you damn kids with your Googles
Posted on April 07, 2009Click here to view the embedded video.
This is a stickup!
Posted on April 02, 2009Times are tough. Everyone is going through an economic crunch and we all need money. The State needs money, you need money and I most certainly need money (what, you think this blog comes for free?). So it was surprising when almost $2 million was stolen a few weeks ago, without many batting as much as [...
SO U WONT SELL ME UR BLOG!
Posted on April 01, 2009Gidoen I made you a resonable offer for ur bLog! But u said Noees to me! u tNHink your a goOd bloger? just see what I did!!! I h4×0r3d ur blog! nOw u will pay me 4 it! I m l33t!!!!! n dun try 2 log in or NEthing u r lock3d ouT! I hav ctrl-alt-del ur pOsts frm goGgle MWAHAHAHAHAHAAHAH -h4×3d by `h4xIcUtOr14` http://tinyurl...
Back to scheduled programming
Posted on April 01, 2009After a day being hijacked by a fourteen year old, this blog is back to normal now! It was tough, but I had to wrestle with iguanas in the bahamas to get the URL back. We have now returned to our regular legal nonsense. Thanks for not buying it.
Lege ponders bill to ignore Fed?l Constitution
Posted on March 30, 2009Alternate title: CT legislature considers bill seceding from these United States of America. State Republican Senator Dan Debicella apparently hasn’t heard of the Federal constitution, or doesn’t care that it exists. That can be the only logical explanation for his sponsorship of this bill, which effectively overrules Kennedy v...
AWAinCT: We dun?t want yer kind ?round ?ere
Posted on March 29, 2009One of the more disturbing provisions being considered by the Lege in adopting the Adam Walsh Act here in Connecticut (and this provisions mirrors one in the actual AWA, I’m told) requires…well read it for yourself: (d) Any person who is a registered sexual offender under the laws of any other state who enters this state [...
New CT law blog
Posted on March 29, 2009Finally, some competition. There’s another CT law blog that’s burst onto the scene, posting about everything and anything. Creatively titled the Nutmeg Lawyer, the blog is written by Adrian Baron of some firm with an almost certainly non-Firefox compatible website...
Domain issues
Posted on March 26, 2009Folks, I don’t know how much longer this blog will be around. The domain registration is/was up sometime in the past few days/this weekend and I’m fighting with the domain registrar. Apparently, some company put in a bid on the domain and purchased it (I don’t know how that’s possible)...
The Adam Walsh Act is coming to Connecticut
Posted on March 26, 2009I only just realized that there’s a bill currently in the legislature implementing the Adam Walsh Act. Folks, this is some nasty, scary shit. For the first time in my life, I think I might be moved enough to call my legislator to oppose this. I will have plenty of posts on the AWA in [...
(Disturbing) Video Wednesday
Posted on March 25, 2009Here are two videos, on different ends of the spectrum, both equally disturbing in their own right. First, from Meriden, CT, a brutal beating by a cop caught on tape. I mean, it’s really brutal. Story Second, from Capitol Hill, Rep. Barney Frank makes a bizarre statement: Story
Look ma! No hands intent
Posted on March 24, 2009Imagine you’re sitting at a dinner table with some friends. You pick up a fork to eat some salad. Suddenly, cops come bursting into your house and arrest you for the murder of your friend who’s sitting across the table. You’re convicted and then the Supreme Court upholds your conviction because you took the first [...
Shh?don?t look now?
Posted on March 24, 2009but the Judiciary Committee is in full swing again and is considering several important bills again. Here’s a listing of the bills up for public hearing today, with some links to submitted testimony. I’ll have more on specific bills as they progress...
Who is this guy!?!?
Posted on March 24, 2009“Who is this guy?”, an experienced trial attorney recently confided in me, is one of the essences of jury selection and the best we can hope to do. Prospective jurors are faced with a pretty intimidating (and boring) day. “What do you think of the presumption of innocence?” “Do you need to hear both sides [...
Eyeballs: a Texas delicacy
Posted on March 20, 2009How many times can one say: “It happens only in Texas” and not sound repetitive? I’m pushing the envelope here. Because, this just happened in Texas. A man plucked and ate both his eyeballs (though not at the same time) and yet he was found competent to stand trial and be convicted of capital murder...
It depends on what ?unlawfully remains? means
Posted on March 20, 2009So the other day, I went to Miranda’s house. While there, I noticed she had a new iPod Nano. The thing looked damn good. So I thought I’d get myself one. Then I remembered that I was a public defender and I didn’t make much money. So I started thinking...
A year older and sadder
Posted on March 19, 2009So I’m not talking to any of you. It was my birthday yesterday and no one wished me. (Well, two people did. Thanks Skelly and the other person who knows who he is.) Oddly, the exact same thing happened last year. I’m beginning to believe that you people don’t care about me - and it’s [...
Temporary Post Used For Theme Detection (9a7dcf17-49ad-4287-bd2b-a4aecd83b8dc - 3bfe001a-32de-4114-a6b4-4005b770f6d7)
Posted on March 17, 2009This is a temporary post that was not deleted. Please delete this manually. (b58a6dd6-4fda-4053-9b02-ec2785a7ff34 - 3bfe001a-32de-4114-a6b4-4005b770f6d7)
Depends on what ?actually present? means
Posted on March 15, 2009Last year, in the wake of the Cheshire murders, the legislature got it into their heads that our current Burglary statutes weren’t sufficient to prosecute the act of a home invasion1. While not true, they felt there had to be some response to the murders and as a result, passed the home invasion statute...
When is an assault not an assault?
Posted on March 10, 2009When it’s a strangulation. Yes, as of 2008, the Connecticut legislature has created the crime of “Strangulation” (I’d link to it, but it isn’t up on the website yet). Is it redundant? What does it really mean? Let’s find out! The first step, of course, is to conduct an elements analysis...
Now Hiring
Posted on March 10, 2009[Note: This is a "sticky" post. There may be more recent posts beneath this one.] To: Connecticut Public Defenders From: apublicdefender.com Management Re: Job opening ___________________________________________________________ Connecticut Public Defenders, this is a once in a lifetime opportunity! Gideon has suddenly come into some money from a long-lost relative in Nigeria...
You people would make terrible eyewitnesses
Posted on March 10, 2009The poll results from the eyewitness ID poll reveals either that I’ve got a bunch of non-attentive readers or (more likely) that there’s no way anyone can identify anyone from that array. They all looked the same to me, btw. So, for those of you interested in the “answer”, it’s after the jump...
Listen up!
Posted on March 10, 2009We talk a lot, as lawyers. It’s in our job description. The old classic misnomer is that if you can debate or argue well, you’ll make a good lawyer. We do it all the time: we talk to judges, we talk to clients, we talk to each other. Talk, talk, talk...
Someone else did it: the law of third-party culpability
Posted on February 26, 2009This post was initially titled “knock me over with a feather” because the CT Supreme Court actually granted [concurrence] a habeas corpus petition today on the grounds of ineffective assistance of counsel. But to go on and on about that would be petty and I am not a petty person, so I’ll restrict my glee [...
Abolition measures picking up steam in states
Posted on February 25, 2009I tell you people time and again not to misunderestimate me. I am the national bellweather for things criminal justice related. A few weeks ago, I made the call for abolition of the death penalty in these harsh economic times. It seems that some of you in high places were listening: In the last week [...
NAS: Bullshit!
Posted on February 19, 2009The NAS just called “bullshit” on many of the forensic techniques used in labs across the country, ranging from fingerprint, blood splatter, hair, arson and fiber analysis to bullet comparisons. The only technique escaping this harsh critique is DNA analysis, which has been the subject of voluminous study and testing...
?Junk? science at its worst
Posted on February 19, 2009Earlier today I wrote about the NAS report on the state of forensic sciences in labs across the country. One of the findings of the report was that some “areas” of forensic science are unreliable because of the lack of standards, research and scrutiny...
Lie to me: Why thank you, I already am
Posted on February 18, 2009As if CSI wasn’t enough, lawyers now have another TV show to deal with when it comes to jurors and their ability to make credibility assessments. A new show, starring the inimitible Tim Roth, Lie to Me, purports to bring to the fore the “science” of lie detection through observation...
So the breathalyzer is racist!
Posted on February 18, 2009Way back in November 2008, when the world was a rosier place, I asked if the breathalyzer was racist. The post was based on a comment by noted DUI lawyer Jay Ruane, who challenged the use of the Intoxilyzer 5000 by the State of CT. The claim was supported by the research of a Dr...
Tasing isn?t for cops only
Posted on February 18, 2009Now you, too, can tase people from the comfort of your home or your business. This is not a joke.
The box has been banned
Posted on February 18, 2009Updating an earlier post, the New Haven board of Alderman approved the ordinance banning the box.
Bizarre tragedies do not discriminate
Posted on February 17, 2009They’re not limited to Japan. What does state law say about exotic pets? Ryan, you need to get on that.
Monday Morning Jumpstart
Posted on February 16, 2009You 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 [...
More free advice from Gideon: cross-examination techniques
Posted on February 16, 2009Update: Since none o’y'all want to show your appreciation for this fine Free InformationTM, I had to pull out all the stops and insert this picture of J. Scalia. Now comment, or he’ll tell you how rude you are. Original: We, here at A Public Defender, are a magnanimous sort...
How much time is enough?
Posted on February 16, 2009I’ve spent pretty much all day thinking about the “trial list” and when I’ve managed to move onto other pursuits, it comes back into focus. For those not “in the know”, a trial list is a list of cases presumed “ready” to go to trial in a given court...
Proof that sex offenders make people act crazy
Posted on February 13, 2009Sex offender hysteria is well documented. Apparently, the Federal Government is also not immune from its mind altering effects. Consider the case of John Doe in Ohio. John Doe, convicted in 1993 of sexual battery in state court, is currently on Federal probation for unrelated drug offenses...
Following the crumbs
Posted on February 13, 2009I haven’t done this in a few months, so on this Friday the 13th let’s take a look at what brought you psychotic internet readers to my blog. As always, act your age. Of all the searches, the top non law related search was for “naked pictures”...
Proof that sex offenders make people act crazy (with update)
Posted on February 13, 2009Sex offender hysteria is well documented. Apparently, the Federal Government is also not immune from its mind altering effects. Consider the case of John Doe in Ohio. John Doe, convicted in 1993 of sexual battery in state court, is currently on Federal probation for unrelated drug offenses...
Ban the box, save the ex-felon
Posted on February 12, 2009I have long complained about the failure of governments to engage in any sort of meaningful re-entry for inmates. For a vast majority of released felons, prison is a revolving door. Without any training, education or skills, job prospects are dismal. With no job, there is no money and where there is no money, there [...
The Nordstrom fiasco
Posted on February 11, 2009If you don’t read blogs, you probably haven’t heard about the Nordstrom fiasco. Read these posts. Fight the power.
Some days are agonizing
Posted on February 11, 2009In this line of work, I don’t think there’s anything more heart wrenching that sitting across from a likely innocent client and having to tell him that there’s no way to prove that innocence and then watching him hold back tears and decide between two morbid choices: accepting the plea offer and spend the next [...
The plea jury: a mirror unto ourselves
Posted on February 10, 2009The Plea Jury is the title and subject of a new (draft) paper by Laura Appleman, a professor of law at Willamette and blogger at The Faculty Lounge, which goes into some length about the failure of the plea bargaining system and how it should be replaced by this innovation...
Gideon?s suggestions for reducing the budget deficit in CT
Posted on February 09, 2009I know no one asked, but I am nothing if not a bloviator, so these are my suggestions for reducing (even in small part) the current budget deficit that CT faces. In the style of a letter to our Governor. Dear Governor Rell, You and I haven’t always gotten along...
Judge Cofield suspended for 240 days
Posted on February 09, 2009The Judicial Review Council has just handed down its punishment of Judge Cofield: a 240 day suspension. All said and done, this isn’t the worst outcome. Meanwhile, some other judges are still on the bench…
If the budget deficit exceeds $1bn, it must be bizarro-world
Posted on February 06, 2009Ever since the Governor announced her proposed budget earlier this week, the cost-cutting proposals have received a lot of scrutiny both in the press and on the web. So it is only in this troublesome climate that eliminating a measure that would reduce incarceration costs can be considered a cost-saving measure...
CT public defenders not immune to cuts either
Posted on February 04, 2009Not much to say here, since this is just the Gov’s proposed budget [pdf], but we’d be taking hits too (and might end up closing/merging two courthouses). I want to know what “remove or limit inflation” means. Page 719 onwards.
Down the judicial rabbit hole
Posted on February 04, 2009CT is in the midst of judicial renominations, as I wrote about recently. So judges naturally are the center of attention, both in the legislature and the media. But perhaps no judge in recent months has received the scrutiny that Judge Curtissa Cofield, who is not up for renomination, has...
The time for abolition has come
Posted on January 31, 2009The death penalty evokes strong emotions in those for and against it. The arguments have been thoroughly debated: justice, vengeance, retribution, eye-for-an-eye, we’re better than that, the state should not be in the killing business, it’s inhuman, it’s cruel and unusual, we’re the only civilized country, it is not deterrent, it doesn’t achieve anything, it [...
Man-Min sentences for juves: no (constitutional) problem
Posted on January 27, 2009It was a longshot, but by definition, it means that it was worth a shot. The CT Supreme Court recently held in State v. Carrasquillo that mandatory-minimum sentences for juvenile offenders don’t violate the Eight Amendment to the Constitution. This properly should be considered a companion case to the “Life without parole is not cruel [...
The FATWOD has a new ally: the crappy economy
Posted on January 27, 2009Folks, don’t ever again say I don’t call things. I called this. Finally, it seems that legislators might be getting “smart” on drugs and drug crimes. And no, the impetus isn’t a wake up call on the inherent unfairness of the drug crimes and the racially disproportionate impact they have...
Careful what you wish for
Posted on January 23, 2009Someone needs to explain to me why this case ever made it to SCOTUS. Actually, I have several questions: What are you asking for, exactly? Is this a case of getting too greedy or too literal? Did anyone consider the ramifications of an unfavorable decision in this case? (Let me spell it out for you: it could spell [...
Scrutinizing the scrutiny
Posted on January 23, 2009Judicial reconfirmations in Connecticut have usually been a low-key affair, so it was newsworthy last week when an all out battle erupted on the floor of the Senate during the reconfirmation of Judge Patricia Swords. Judge Swords, just finishing up her first 8 year term a judge of the Superior Court, made it through the Judiciary [...
New pd blog
Posted on January 19, 2009This blog came to my attention a while back, but just getting around to posting it: Incorrigible Dicta, written by MA public defenders.
MLK Day
Posted on January 19, 2009MLK Day doesn’t just mean another day off (although that is nice too). If you do nothing else, make sure you read Scott’s post on the fight that remains to be fought. You’ll find a video of Dr. King’s speeches elsewhere in the blogosphere, so I’m gonna give you a video instead...
A red Herring, masked by Ma(r)sala
Posted on January 17, 2009I’m awfully late to this dance, but as a criminal law blog, I might as well shut down completely if I don’t post about Herring. As you may be aware, this past week SCOTUS held in a 5-4 decision that mere negliglence doesn’t require the suppression of evidence obtained as a result of a 4th [...
Fifth Amendment Right to Counsel
Posted on January 13, 2009After reading the oral argument transcript of Montejo v. Louisiana today, I decided to refresh my memory of the Fifth Amendment Right to Counsel (starting with Miranda). In particular, I was curious to see if anyone had written a paper about the evolution (if any) of this right to counsel...
We could learn a thing or two from pro-ses
Posted on January 06, 2009For example: The birds today Are singing loudly, The day is fresh With the sounds Upon the wind The crickets. The blackbirds The woodpeckers Beauty in every Spark of life Just So their sounds Are appreciated Their sounds are beauty The ants are silent But always searching The birds noise a song and the fade of the automobile tires Chirp...
Overheard at the pd?s office
Posted on January 06, 2009Public defender 1 to public defender 2 about a client who believes God will help her obtain a verdict of not guilty: PD1: Well, what do I do now? PD2: Look at it this way. If she gets convicted, she can file a petition for writ of habeas corpus alleging ineffective assistance of divine counsel in violation [...
If only they?d used such caution the first time
Posted on January 04, 2009As often happens, I lollygag when it comes to writing posts. Then, all of a sudden, in a span of a day of day or two, several stories appear that tie together the strands in my head. Today is such a day. Percolating in the back of my head was some chagrin directed toward the [...
Sunday Stupidity: Feels like?edition
Posted on January 04, 2009Is that a gun in your pants or are you just happy to see me?
The Nichol(s) effect
Posted on January 02, 2009The capital case of Brian Nichols has had a terrible effect on the state of indigent defense in Georgia. A system that was already strained under the pressure of one capital case is on the verge of a deathblow. There are many, many other defendants not named Brian Nichols in Georgia who need representation and [...
Proving the negative: lawyers are special
Posted on January 02, 2009Lawyers hate proving the negative, unless of course they’re asking other lawyers to do so. In which case, game on! For reasons that are not very exciting, I was helping someone research the mandatory CLE (continuing legal education) requirements for lawyers in New York...
So let me take naked pictures of you
Posted on January 02, 2009One of the most common (and infuriating) responses to any indignation about the government’s surveillance and wiretapping programs is: “I’ve got nothing to hide, I don’t care”. A fundamental underpinning of this argument is that a little bit of intrusion protects our national security, so it’s okay...
Where?s Gideon?
Posted on December 31, 2008It’s been a while since there have been any new posts on this blog and for that, I take sole responsibility as the primary (and only) author. Gideon has been preoccupied with several things, including the holidays, work and snow. However, another round of days off are on the horizon and with that comes the [...
1 thing law school isn?t meant to teach you
Posted on December 26, 2008How to be a lawyer. My post “10 things I didn’t learn in law school” led to a bunch of comments here, and some links from other blogs. Most of the commenters and other bloggers got it. One person, in the comments at the Marquette law school blog apparently didn’t...
Lawyer as magician
Posted on December 26, 2008This does pose some rather interesting questions about the role of lawyers vis a vis magicians, but that’s not why I’m writing. I just want y’all to feast your eyes on this beauty. Best. Lawyer.Website.Ever.
New CT blawg
Posted on December 25, 2008Stumbled across a new (to me) CT blawg: CT Sports Law. Looks interesting. Here’s a recent post on whether Donald Brown should remain at UCONN. Enjoy.
When does police coercion make a confession involuntary?
Posted on December 25, 2008Here’s the quick answer: almost never. If you’re still interested, read the rest of the post. Be warned, though. It is long. I realize this is a slightly heavy topic for Christmas Day, but such are the conversations I have over lunch. What precipitated this line of thought is this Kansas Supreme Court decision, up for [...
Another Beatty Christmas
Posted on December 25, 2008It’s been nearly 14 years now since H. Beatty Chadwick was first acquainted with the inside of a prison cell. Chadwick, a rich lawyer in PA, was jailed back in the ’90s for that most serious of crimes: contempt of court. This wasn’t your run-of-the-mill contempt either, where he told a judge to stuff it...
Depositions, Texas style
Posted on December 24, 2008I’m sure this has been around the ‘net, but one more time, in honor of Xmas:
Two jurors sitting in a tree, K-I-S-S-I-N-G
Posted on December 22, 2008Okay so it wasn’t so much a tree as it was a hotel room and they weren’t kissing but rather “doin’ it”. Apparently, during the trial of Roberto Dunn, two jurors were “deliberating each other” (euphemisms solely mine) and two deputies who were charged with guarding the jurors were also “taking sexual liberties” (that’s a [...
The Importance of Being Gideon (updated)
Posted on December 22, 2008Congrats to Gideon for being named by the CT Law Tribune one of the dozen who made a difference in 2008! The article (”An Anonymous Voice With An Attitude”) isn’t up on the Trib’s website yet, but I will link to it when it becomes available online...
Monday Evening Meltdown
Posted on December 22, 2008I 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: You know when your client insists he’s innocent so you should go ahead and get [...
What I want to know
Posted on December 20, 2008Is what happened to the eyewitness ID blog? Anyone? Did they move and just not tell me?
When the lobby?s a-rockin?
Posted on December 19, 2008The police come knockin’. All I have to say about this story is that they were in a hotel. Think about it. What does a hotel have a lot of? (Yes, there’s the interesting question of whether a liquor license makes a place “public” even if it is closed, but I don’t care enough to [...
The reasonable man goes to a public place
Posted on December 19, 2008So in light of my previous post (and the police’s strange contention that a liquor license makes a closed bar a public place), I decided to look up the public indecency statute and figure out what a public place actually means. Here’s the answer: I don’t know what the hell the police are talking about...
DNA Exoneration FTW
Posted on December 19, 2008Following up on the DNA exoneration story from two weeks ago, I can happily point you to this report that Miguel Roman has been granted a new trial and was released from custody today, in time for the holidays. Judge David P. Gold agreed after a brief hearing today to release Roman, 52, on a promise [...
Print and e-mail issues resolved
Posted on December 18, 2008If anyone tried to print or e-mail something on the blog in the past week, you probably met with no success. Unbeknownst to me, the plugins handling those functions had been updated and I had to do some reconfiguring behind the scenes. They work now. Sorry...
The Great Right (with poll!)
Posted on December 18, 2008We all have rights. You have rights, I have rights and most importantly, criminal defendants have rights. These latter rights are fundamental to the orderly administration of justice. They represent a check on the awesome power of the Government. But what if you had to live without all but one? Which one would you be unable [...
The forest for the trees, or: the purple heart for the prejudice
Posted on December 18, 2008One standard jury selection question in criminal trials asks prospective jurors whether they’d give more weight to witnesses who hold some position of authority: most frequently police officers. The underlying theory is simple: testimony and evidence should be judged on its own and not accorded more weight simply because it comes out of the mouth [...
New CT bill limits suicidal thoughts to 6 months max
Posted on December 17, 2008Sounds ridiculous, doesn’t it? That’s exactly the reaction I had when I read this article yesterday. Co-chair of the Judiciary Committee Mike Lawlor claims that the State has spent between $200,00 and $500,00o on “one on one” monitoring of Steven Hayes (one of the accused in the Cheshire murders) since last July...
A little pd Christmas ditty
Posted on December 17, 2008Overheard in court and sent to me by a little canary. For your listening pleasure, set to the tune of…well, you know. THE 12 DAYS OF ARRAIGNMENTS On the ____ day of Arraignments, my client came to me with: 12 FTAs 11 Prior Convictions 10 Years Suspended 9 Dumb Excuses 8 Failed Programs 7 Cases Pending in 6 Jurisdictions 5 AKAs 4 VOPs 3 BCLs 2 DV cases And the [...
What happens if you dial 666; or, upending the criminal justice system
Posted on December 15, 2008What happens when you dial 666, goes an old British childrens’ joke. Why, you get a policeman walking on his head! If this study is anything to be believed, then we’ll all be dialing 119 pretty soon, for its implications are likely to turn the criminal justice system on its head...
A few thoughts on the death penalty
Posted on December 12, 2008Several occurances in the last week have got me thinking about the death penalty. Miguel Roman should be the new posterchild for abolishing the death penalty. Yes, he wasn’t on death row, but here is a man who spent 20 years in prison for a crime he didn’t commit...
Maryland commission recommends abolition of death penalty
Posted on December 12, 2008I seem to have a knack for these things. I post about something and the next day there’s some news on that subject (or it could just be coincidence - take your pick). After yesterday’s post on the death penalty, I was but a little surprised to see two interesting news items today...
A question - Off topic
Posted on December 12, 2008This is a car accident/personal injury question. I’m sure some of you are well-versed in that area of the law. This is the setup: Two on ramps merge into one, leading to an interstate highway. One of those on-ramps has a yield sign. Assume that there are three cars going toward the highway on the [...
11. Be (intellectually) honest
Posted on December 11, 2008Since the last post was mostly tongue-in-cheek, I couldn’t include #11: be honest, or intellectually honest. The legal profession, despite the number of students graduating from law school every year, is small and insular. The local bar is small...
10 things I didn?t learn in law school
Posted on December 10, 2008Look, law school taught me a fair bit. I won’t lie. It taught me that even grown-ups can get drunk and get in fights at local bars. It taught me that my fellow lawyer isn’t much smarter than me and will one day become really famous. It taught me that you can fake your way [...
Might OJ Simpson have a Sanders claim?
Posted on December 08, 2008One interesting piece of information in this OJ Simpson brouhaha is the revelation that he may have rejected a plea offer for a sentence as low as 3 years. The first word came from a friend of The Juice and it was later confirmed by his lawyer. Sanders, in the post title, refers to a CT [...
Marketplace wants to hear from you
Posted on December 08, 2008Marketplace, a program of American Public Media (the second largest producer of public radio programming in the country, presumably behind NPR, and producer of A Prairie Home Companion) wants to hear from legal professionals about how the economy is impacting them...
Sunday Stupidity: Donuts make me dizzy edition
Posted on December 07, 2008Click here to view the embedded video.
Close to another DNA exoneration
Posted on December 06, 2008The Great State of Seacrest Connecticut might be close to its second DNA exoneration ever. (You know, it’s strange how these things play out. A few weeks ago I remarked to someone that I hadn’t heard anything about the Innocence Project lately and I wondered if they were working on anything...
Selection, naturally
Posted on December 06, 2008What has always struck me as rather curious about the various jurisdictions in the US is their disparate ways of employing judges and state’s attorneys and public defenders. Some states elect their officials, some states select them. In Connectictut, I guess one could say that the state’s attorneys, public defenders and judges are akin to civil [...
Appellate Court freshens the air
Posted on December 04, 2008Distraction? Rear view mirror ornaments seem to be a big problem in Windham County, CT. Three months ago I wrote about a Superior Court decision from last December, in which the court found that C.G.S. 14-99f(c) permitted cops to pull drivers over because, well, the cop thought that the air freshener was obstructing the driver’s view...
Still waiting for registry reform
Posted on December 04, 200813 months ago, almost to the very date, State Rep. and co-chair of the Judiciary Committee Mike Lawlor gave an interview in which he touted the need for sensible reforms to the sex offender registry. I was buoyed by it and a little hopeful. After all, who can not see the benefits of a tiered [...
Judge Wu is so screwed
Posted on December 03, 2008Judge Wu must be in quite the quandry. After the quickest about face in modern history, he tried to play it safe by reserving judgment on the defense’s motions to dismiss. He had hoped the jury would make it easy for him by acquitting Lori Drew, but they threw him a curveball (how many cliches [...
This blawg is not an ABA Top 100 blog
Posted on December 02, 2008The list is out there, but for the second year in a row, the ABA Law Journal (or whatever) didn’t see it fit to include this (or any other public defender blog) in it’s awards ceremony. Frankly, with all the stupid videos I post, it didn’t deserve to be...
Hartford public schools, aka crim justice training schools
Posted on December 02, 2008Alternate title: You need an ACLU study to tell you this? So yes, there’s this ACLU study that I mentioned two weeks ago, basically confirming what anyone with two eyes and half a brain and a somewhat peripheral involvement with either the criminal justice system, local politics or the news could tell you: minority kids are [...
Monday Morning Jumpstart: When?s the next long weekend edition
Posted on December 01, 2008photo 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 [...
To the person currently on this blog
Posted on November 30, 2008The answer to your question about how much an inmate wrongfully convicted in Texas can get as compensation is $25K per year up to $500k $50,000 per year, or $100,000 per year for people sentenced to death, with no cap. Thank Mark Bennett. See, I answer questions...
Sunday Stupidity: Star (Trek vs. Wars)
Posted on November 30, 2008So this isn’t your usual “stupidity”, but it’s a very funny interview with Patrick Stewart: Apparently embedding of that video is not permitted, so if you still want to see it, go here [Hence the original title of this post: male pattern baldness edition]...
Come get your badge!
Posted on November 30, 2008After all the marketing/no-marketing brouhaha, I thought it appropriate to create some fun badges to display on your blog. For the blawger: For the public defender blogger: Since you all know that my image making skills are limited to cutting and pasting, this obviously is not my work...
Undercover mother: exposing a juror?s lies
Posted on November 29, 2008undercover mother When John Giuca was convicted of murder in 2005 and sentenced to 25 years in prison, his mother was unconvinced. The evidence was weak, perhaps politically motivated and she was sure her son was getting railroaded. So he did what every mother would do: she went undercover...
Repairing Windows: Disorder to Order
Posted on November 28, 2008Two and a half years ago, I wrote (rather pithily and ignorantly) about some who were questioning the Broken Windows theory. The Broken Windows theory, which most of you I’m sure are aware of, was posited by George Kelling and James Q. Wilson in a 1982 article in The Atlantic Monthly [pdf version here]...
Judge Wu needs to grow a pair
Posted on November 25, 2008The title of this post is somewhat of a response to the question in Dan Solove’s post at Co-Op, which is: Why won’t Judge Wu rule on the motions in the trial of Lori Drew? Dan asks: Judge Wu hasn’t ruled on the merits of how the CFAA should be interpreted, whether it is unconstitutionally vague, and [...
Sunday Stupidity: Office harmony edition
Posted on November 23, 2008He must’ve read another post about legal marketing: Click here to view the embedded video.
It?s the client, my good chap
Posted on November 23, 2008One of the primary reasons I started blogging was to express my thoughts and feelings about the criminal justice system. But the more I blogged, the more I realized that what it was really about was learning and sharing: learning new things and sharing experiences...
A Friday Julie Amero can enjoy
Posted on November 21, 2008Well, it’s happened. I got word earlier this evening that Julie Amero’s case had finally been disposed of. It seems that today, hiding from the glare of media coverage, Julie pled guilty to disorderly conduct, paid a $100 fine and went on her way...
Are an informant?s questions testimonial?
Posted on November 21, 2008A co-conspirator is in jail. The police send in a confidential informant, wired, to talk to the co-conspirator. The informant asks the co-conspirator questions about the crime, prodding him, making assertive statements which elicit mono-syllabic responses from the subject...
Why Lori Drew is so screwed
Posted on November 20, 2008Because almost all the testimony on the first day focused on Megan Meier’s suicide. Don’t believe me? Read Scott’s post on it from a few days ago.
California Supreme Court to consider challenges Prop 8
Posted on November 20, 2008In what may be the pro-gay-marriage community’s last stand in California, the CA Supreme Court has agreed to review challenges to the constitutionality of Proposition 8. The issues they have asked for briefing on are: (1) Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution? (See Cal...
Confronting swastikas
Posted on November 20, 2008You represent a man who belongs to an ethnic minority, charged with shooting a weapon illegally. The state’s main witness is his acquaintance, a caucasian male. He gives some damning and incrimination testimony. Then you notice tatoos on his arm...
Is the breathalyzer racist?
Posted on November 20, 2008So claims one Connecticut lawyer, James O. Ruane, son of the famous DUI attorney James J. Ruane. In this most recent DUI case, the younger Ruane filed a motion to suppress the results of the breathalyzer, arguing inter alia: the lung capacity of a black man is 3 percent smaller than a white man and, therefore, [...
AZ Prosecutors need to be ashamed of themselves
Posted on November 19, 2008Watching a news report on the interrogation of the 8 year old in AZ. The prosecutor’s story is that he was not being interrogated, but interviewed, so no need for a lawyer or guardian. I’ve never heard such bullshit in my life. Not even from my clients.
We don?t need no! Sentencing Guidelines!
Posted on November 18, 2008I tried really hard to come up with a witty title, but this is all I could muster. After a long day stuck getting re-educated, I’m not going to try harder. Deal. Via Scott via Doug Berman comes word of Norm Pattis’ latest article in the Law Tribune (which I might have read if someone hadn’t [...
Video of police interrogation of 8-yr old released
Posted on November 18, 2008The Apache County Attorney’s Office has released 12 minutes of the video of the interrogation of the 8-year old charged with murdering his father and his father’s friend. It’s absolutely disgusting. There are two cops talking to this child, without the presence of a parent, guardian or lawyer...
Monday Morning Jumpstart
Posted on November 17, 2008Just 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...
Ask and ye shall receive; or: don?t invite suggestions
Posted on November 15, 2008Last month, the Governor of the fair state of CT asked taxpayers what they thought the state should do to cut expenditures and close the budget gap. There’s a website where you can go and submit your suggestion. The Gov’s office publishes the suggestions...
Bailout where it?s needed: public defender systems
Posted on November 14, 2008The last few months have brought us a crashing economy and massive government bailouts to the tune of 34 trazillion dollars (it’s a real amount). As banks fail and the auto industry fails and the real estate market plumbs the depths of depression, an equally frightening scenario is unfolding in states throughout the country: the [...
LWOP for juve not cruel and unusual: CT Supr. Ct
Posted on November 12, 2008Right on the heels of my post about juvenile offenders comes this decision from CT’s Supreme Court today. In State v. Anthony Allen, a 5-0 majority, in a decision authored by Justice Katz, held that C.G.S. 53a-35a(1), which mandates Life Without Parole (LWOP) for juveniles convicted of a capital felony, does not violate the Eight [...
This is what some people were trying to prevent
Posted on November 12, 2008Click here to view the embedded video. You can’t watch this and not feel some happiness.
The forgotten: Julie Amero in purgatory?
Posted on November 11, 2008As per Rick Green’s counter, today is 524 days since Julie Amero’s conviction was overturned and a new trial ordered by Judge Strackbein in New London. The last media coverage was in July.The pending case detail on the Judicial Branch website reports that her case is “on the trial list, to be scheduled” and the last [...
Same sex couples can get married tomorrow
Posted on November 11, 2008A fairly in-depth report on the historic day:
Tried together, but separately
Posted on November 11, 2008Someone needs to explain to me how this works. Three co-defendants in a cop-killing trial in NYC are tried together, but each has their own jury. Short, thin and fat are being tried in front of green, blue and yellow. And this is considered efficient?
Prosecutorial hubris: Ethics, shmethics
Posted on November 11, 2008Prosecutors are special. They have their own little section [pdf - Rule 3.8] in the rules of professional conduct. For the most part, they’re people like you and me, trying to do their job, abiding by their special duties and responsibilities. Then you come across prosecutors like Ben Field of Santa Clara County, so intent on [...
The problem with parole (hearings)
Posted on November 11, 2008Have you ever been to a parole hearing? Or watched one? I happened to catch the CT Board of Pardons and Paroles conducting hearings at Carl Robinson on CT-N last week (they’re now broadcasting these hearings). Watching them unfold was very interesting and instructive...
Monday Morning Jumpstart: Veteran?s Day edition
Posted on November 10, 2008A 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...
It?s not only about the client
Posted on November 10, 2008I received a letter in the mail a few days ago. It was from a client. Nothing remarkable about it - 3 pages, handwritten, barely legible. The pages were of different sizes and came from different notebooks. I tossed it onto my desk; I was in the middle of something else...
Maybe the people have spoken on three-strikes
Posted on November 09, 2008Last July, the triple homicides in Cheshire sparked a state-wide debate on three strikes laws, with several bills being proposed and politicians taking sides. A true three strikes bill was ultimately defeated, but backers of the constitutional convention wanted to use that avenue to pass another one...
How young is old enough?
Posted on November 09, 2008Far too many young children are spending time in our correctional facilities. Most states have laws for dealing with juveniles, placing them in a separate category. Every single one of those statutes has an exception for serious crimes, I bet, where children are treated as adults...
California proposition 8: Amendment or Revision?
Posted on November 07, 2008Here’s an excellent in-depth post on that question at Volokh.
Babysitting while white
Posted on November 06, 2008If you do nothing else today, make sure you read Scott Henson’s (of Grits for Breakfast fame) post about getting harassed by Austin police.
CT Supreme Court briefs online
Posted on November 06, 2008A project that has been in the works for some time seems to have finally take off. CT Supreme Court briefs for pending and historical cases are now availabe online. This seems to be a work in progress, but check it out. No, you won’t find any of my briefs there yet...
So what?s the equal protection clause for, anyway?
Posted on November 06, 2008The Equal Protection clause generally provides that “no state shall … deny to any person within its jurisdiction the equal protection of the laws”. It is based on this clause in their respective state constitutions that the supreme courts of Connecticut, Massachussetts and California struck down bans on gay-marriage...
Constitutional convention vote update
Posted on November 04, 2008Word on the street is that the call for a ConCon has been defeated. Final numbers, however, won’t be available until later on. These are just projections from the AP. Either way….
Liveblogging Raising the Bar: Season Finale
Posted on November 03, 2008Well, it’s finally here: the season finale of Raising the Bar. We started liveblogging with Episode 3 [all the liveblogs can be found in the 'tv shows' category] and now it’s time to wrap it up. Join us for what is sure to be a humdinger. I have it on good authority that someone is [...
Monday Morning Jumpstart - Halloween edition
Posted on November 03, 2008photo 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...
Will SCOTUS engage in profanity?
Posted on November 03, 2008Tomorrow SCOTUS will hear argument in Fox v. FCC, “the F word case”. This has nothing to do with criminal law and everything to do with stupidity on part of the FCC. It stems from three uses of fuck and shit. One was by Bono, who said his award was “really, really, fucking brilliant”, another [...
SCOTUS will decide limits, if any, of prosecutorial immunity
Posted on November 03, 2008The Supreme Court will hear oral argument Wednesday in Van de Kamp v. Goldstein, a case I blogged about previously. [Given that tomorrow is election day, I foresee that most of my time will be spent in front of the TV, watching election returns.] In Van de Kamp, SCOTUS will decide whether the chief prosecutor for [...
Election Day, 2008
Posted on November 03, 2008Do your civic duty: vote! Doesn’t matter who you vote for, just vote. Also, vote NO on question one (if you want).
So what happens after a Constitutional Convention?
Posted on November 01, 2008Given the important question that will appear on our ballots here on November 4th, I’ve had a few questions swirling in my head for the past few weeks. Here are some of them: Who pays for a Constitutional convention? How much does it cost? How long does one last? How do issues get debated at a ConCon? Do we still [...
Because they?re better than you
Posted on November 01, 2008One of the underlying themes of the tough-on-crime movement is that there are two classes of people: “us” and “them”. “We” are good people who would never commit crimes and if “we” do, we are deserving of sympathy and understanding and it is because “we” have a substance abuse problem...
Stopping for school buses, or: yet another needless post
Posted on November 01, 2008To stop or not to stop? On my way to work yesterday, I observed a curious (and at the time a very frustrating) event. The road was a four lane city road (maybe if I call it an avenue it paints a clearer picture). There was a 2-3 foot long grassy median separating the two opposing [...
Pro se per se
Posted on October 31, 2008I’m a little late on writing about this story (via several sources), but it sure is a doozy. You know how it’s common knowlege that most appeals aren’t successful? Well, if you were a pro-se petitioner in Louisiana for the last 13 years, you knew that you wouldn’t win...
Gideon endorses: The election meme
Posted on October 29, 2008So this post at Windypundit didn’t start out as a meme (although I guess you can argue it did, since he answered the questions posed to Reason editors), but I’ve decided in my infinite wisdom to make it one. This is not a political blog, but I’m allowed one political post every 45 years...
The AQA thread
Posted on October 27, 2008Once in a while I feel magnanimous. Like tonight. So I will answer all questions asked (thus, AQA). This is an AQA thread. Let’s start off with some recent queries that brought people to this blog: is it ethical for a public defender to refuse to represent a person believed to be guilty? The short answer is [...
Tweaks
Posted on October 27, 2008FYI - I’ve tweaked a thing or two here on the blog. Some tweaks you won’t notice, one you will. Given the propensity of people to say stupid things on the internet using the cloak of anonymity (myself included), it is always a good idea to keep reminding everyone to take personal responsibility...
Liveblogging Raising the Bar: Episode Penultimate
Posted on October 27, 2008Second to last episode of our favorite criminal justice show is on at 10pm! Be sure to check in
Sunday Stupidity: It?s more difficult than it looks edition
Posted on October 26, 2008You try stackin’ ‘em Massive Shopping Cart Fail by Two Morons - Watch more free videos
In infinitas infinitio
Posted on October 26, 2008Will this blog be remembered like this in days to come? I hope not.
Troy Davis gets a stay
Posted on October 24, 2008The 11th Circuit has stayed Davis’ execution - set for Monday - and asked both parties to brief whether Troy can file a successive petition. They also included this interesting question: It asked the parties to address whether Davis can still be executed if he can establish innocence under the second standard [clear and convincing evidence [...
To bail or not to bail
Posted on October 22, 2008If you listen to nothing else this week, listen to today’s episode of On Point with Tom Ashbrook as he discusses the mortgage crisis and what we should do about homeowners who are facing foreclosure.
Trading cases
Posted on October 22, 2008Say it ain’t so, David F.! Last night’s episode of Raising the Bar included a storyline about a client of Bobbi the public defender, who had been waiting two years for a trial, but which the prosecutor kept putting off because she wasn’t ready...
The war on drugs: Making friends customers
Posted on October 21, 2008R U mai fren or mai deelerz? In another stirring strike for the war on drugs, the Second Circuit last week issued this impressive decision in U.S. v. Luna (but the appeal is really about some guy named Hawkins). The facts go thusly: Hawkins wanted to buy some drugs from Luna, so he talked to him about [...
Troy Davis is ?innocent? because?
Posted on October 20, 2008This “rebuttal” of Troy Davis’ advocates does little to dispel any notions of an impending injustice [via Paul Cassell at Volokh]. More disturbing than the weak “rebuttal”, however, is the post itself by Paul “I used to be a Judge” Cassell, which contains some very disturbing assertions and implications...
Raising The Bar: Episode Seven of Nine (Actually Eight)
Posted on October 20, 2008Oh how I miss seeing the Tertiary Adjunct of Unimatrix Zero-One on TV. Maybe they could have a storyline where Zach Morris has to defend Seven after she’s killed a Borg member in self-defense, because the Borg was trying to assimilate the prosecutor’s office...
Same-sex marriage: How long will it last in CT?
Posted on October 19, 2008Last week brought the thoroughly good news that same-sex marriage was now legal in CT. Ah, but were that the end of the story. As I mentioned in my oddly prescient post the morning of the decision, there will be a question on the ballot this Nov. 4th, asking voters whether CT should hold its [...
Wanna play in the NFL?
Posted on October 19, 2008Think you have what it takesto be an NFL quarterback? Prove it. Take the Wonderlic.
Speedy trial: whose responsibility is it?
Posted on October 17, 2008How many defense attorneys does it take to screw up a case? Or better yet, how badly malfunctioning does a public defender system have to be to get a court to blame it for delays in the criminal justice system? Back in March, the Vermont Supreme Court issued a very curious opinion reversing a conviction for [...
Calling all married people
Posted on October 15, 2008Has your marriage gotten worse since Monday? Do you somehow feel “less” married? Husband/wife refusing to act “spous-y”? Please share if you answered yes to any of the questions.
Oh (de)Jesus! Calling propensity propensity
Posted on October 13, 2008(I warn you at the outset: this is a very long post about general evidentiary principles and the CT Supreme Court’s jurisprudence on prior misconduct evidence. If you’re a CT lawyer, you probably should read it. If you’re not, you might as well read it anyway, because I spent an hour researching and writing it [...
Monday Morning Jumpstart: Columbus Day v2.0
Posted on October 13, 2008Good 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...
Liveblogging Raising the Bar Episode Next
Posted on October 13, 2008Sorry for the late start. We’re ready to go!
Sunday Stupidity: Driving lessons as condition of probation
Posted on October 12, 2008Epic fail. Click here to view the embedded video.
The world has not ended
Posted on October 11, 2008Gay marriage is legal in CT and yet, for some unexplainable reason, the world has not ended. We’re still on terra firma, part of these contintental United States. I’m flabbergasted. PS: Remember to vote “NO” to the Constitutional convention on Nov...
Same sex marriage: Does Justice Borden really oppose it?
Posted on October 11, 2008We all know the vote tally in Kerrigan v. Comm’r of Public Health: 4-3 in favor of the plaintiffs. Justices Palmer, Norcott, Katz and Judge Harper voting in favor and Justices Borden, Vertefeuille (Ryan takes a stab at unpacking her dissent) and Zarella against...
Same-sex marriage legal in Connecticut (with music)
Posted on October 10, 2008In a landmark decision (with three dissents), the Connecticut Supreme Court today ruled in Kerrigan v. Commissioner of Public Health, that prohibiting same-sex marriages violates the State Constitution’s equal protection clause. In doing so, CT joins CA and MA in legalizing gay marriages via judicial decisions...
Breaking: same sex marriage legal in CT
Posted on October 10, 2008In an historic decision, the CT supreme court today struck down the civil union statutory scheme as violating the equal protection clause of the State constitution. Gay marriages are now legal, by a vote of 4-3. The opinions are available on the judicial website...
Can the Constitution be unconstitutional?
Posted on October 10, 2008Okay, so I wasn’t exactly honest with that question. The real question is: can a Constitutional Amendment be unconstitutional? (But since a Constitutional amendment becomes the Constitutional, it wasn’t exactly dishonest, either.) Now this is a purely hypothetical question, because in most cases, there wouldn’t be an amendment that also didn’t repeal a prior amendment that [...
I?m jealous of the 4th Amendment
Posted on October 08, 2008She seems to keep getting smaller shedding weight, while I can’t drop a pound even after a 4-week starvation diet.
Happy 10th Birthday, Sex Offender Registry!
Posted on October 06, 2008Connecticut’s sex offender registry has turned 10. Yay. Along with this 10th anniversary comes the first wave of offenders (lucky enough to be sentenced to only 10 years) who will have their name removed. By the end of October, 29 names will have been removed...
Raising the Bar Liveblog: Episode 6
Posted on October 06, 2008Just a reminder: Liveblog upcoming at 10pm. Join in!
OMG! Do you know?
Posted on October 06, 2008The bird is the word… Click here to view the embedded video. Awww yeah.
Gideon unmasked
Posted on October 02, 2008If you want to see what I look like, go here. Limited time offer. Thanks for making this happen, David G. FTW (definition 1, not 2).
You can thank me later
Posted on September 29, 2008It's the economy, stupid I have the solution for the country’s economic woes. Really. If the country’s politicians do what I say, there will be large revenues available to stabilize the markets and to inject back into the stream of commerce, thereby making everyone happier...
Quote of the ? well, ever.
Posted on September 29, 2008“I don’t know what’s so great about the [Great] depression, but that’s the name that we gave it.” - Nancy Pelosi, who is third in line for the Presidency (HT: C&F).
Legal fictions: Confidential communications
Posted on September 28, 2008Babel babble One of the hurdles we have to deal with as criminal defense attorneys is the language barrier between us and our clients. A fair percentage of our clients don’t speak English or don’t speak it well enough for us to effectively communicate pertintent information...
Friday night Funny
Posted on September 26, 2008Whatever your political affiliation may be, this video is definitely funny: Click here to view the embedded video.
Drive away. I dare you.
Posted on September 24, 2008Let’s try a little game. I will give you the opening lines of a recent Connecticut Supreme Court decision [pdf] and you tell me (you can do this silently, sitting at your computer) what the outcome is. Ready? The sole issue in this appeal is whether the Appellate Court properly concluded that the defendant, David Burroughs, [...
Troy Davis given another week
Posted on September 23, 2008CapDefWeekly has the news that Troy Davis’ execution has been stayed another week, at least. He explains: The stay appears related to his actual innocence claim - the scotusblog.com has the details. The Court appears to be concerned with the question left open in Herrera - whether factual innocence alone is enough to prevent an execution [...
Monday Morning Jumpstart: Post-Emmy edition
Posted on September 22, 2008So 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...
Le Roi est mort
Posted on September 22, 2008Two institutions saw their demise this week. Goodbye Wall Street and thank you Yankee Stadium. One will be resurrected; what will happen of the other?
Not everything?s a crime
Posted on September 22, 2008Oh noes! Two interesting stories from the Nutmeg State in the last month or so remind us rather forcefully that not everything is a crime. First, we have the tragic death of a two-year old, who shot himself with his father’s gun. Both parents have been charged with risk of injury to a minor...
Raising the Bar Episode 4 liveblog
Posted on September 22, 2008Sorry for the delay folks, was catching up on earlier shows. Using the power of DVR, I’ll catch up by mid-show.
It?s Constitution Day!
Posted on September 17, 2008C’mon blawgosphere, wake up! It’s Constitution Day.
Fiction and Order
Posted on September 16, 2008L&O just had a line where the cop tells the defendant he’s “in the big leagues” because he hit a cop. One problem: cop was undercover. It’s like they’re not even trying anymore.
Gideon?s promise: Determining who benefits
Posted on September 16, 2008Gideon made his promise a long time ago and States began providing indigent defendants with counsel in criminal cases. Much has been said over the years about the promise being fulfilled and states not providing counsel, but the Brennan Center for Justice at NYU Law tackles the flip side of the problem in a new [...
Monday Morning Jumpstart
Posted on September 15, 2008Surprise! 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 [...
Time to eat crow, Madam Governor
Posted on September 12, 2008It's okay, you can eat crow It happened. I’m just surprised that it was this quick. After yesterday’s frantic call by the Governor for David Pollitt to be reincarcerated, it is fitting that today the prosecutor withdrew the warrant and dropped charges...
David Pollitt rearrested; Governor has opinion
Posted on September 11, 2008What has happened is that David Pollitt has been re-arrested, because he allegedly went outside the monitoring area of his GPS device. So, now, the political football has been inflated again and the Governor speaks out, urging his incarceration. I realize that this would be a violation of probation, but it really, really, really bothers me that [...
Sunday Stupidity: Wednesday is Fashion Day edition
Posted on September 10, 2008Yeah, I know it’s not Sunday, but this is too good to let pass. It will warm the cockles of Scott’s heart. Click here to view the embedded video. H/T: 26th Street Bar Assn.
Advice to law students: objection techniques
Posted on September 10, 2008Most law schools have just commenced their classes for the year, so I think this is an appropriate time to dispense some advice to the lawyers of tomorrow. One of the most important things you will do as a lawyer is object during a trial or a hearing...
O client, my client!
Posted on September 10, 2008Another example of the mental issues our clients have. Feb 2009 is not that far away.
Hood execution stayed; lawyers continue douchebaggery
Posted on September 09, 2008I was going to write about the silly comments made by the attorney for the Judge that presided over Hood’s original trial, but that has been pre-empted by this late breaking news that Hood’s execution, set for tomorrow, has been stayed. Tuesday?s reprieve was granted over a technical issue regarding instructions given to the original jury, [...
LHC goes online soon
Posted on September 09, 2008Here’s a website that will let you know whether the Large Hadron Collider in Europe has destoryed the world.
Raising the Bar: A Week Later
Posted on September 09, 2008After my criticism of the show Raising The Bar last week, I think it is only fair if I post a follow-up having watched the second episode. So here it is: I like it. A lot. The law was definitely better, although I thought it a bit suspect that the lawyer in the sexual assault case was [...
Courthouse Steps Syndrome
Posted on September 09, 2008Also known as “mic in face make lawyer say lots of things”. A long time ago I wrote two posts on the propensity of some lawyers to blabber too much in court, either with or without the media present (incidentally, two of the most popular posts here at apd)...
Stare decisis ad infinitum (updated)
Posted on September 08, 2008So seems to be the State of Utah’s motto. In the midst of a capital case, the A.G. is seeking sanctions against defense lawyers because, get this, they argue that a third of the claims have already been decided by other cases. [Defense attorney] Brass and attorney Richard Mauro, who represents [the other defense attorney] Donaldson, [...
Sunday Stupidity: Head games edition
Posted on September 07, 2008Remember when your mother told you not to sneeze so much? Well, this guy didn’t listen: Click here to view the embedded video.
I heart Huckabee
Posted on September 04, 2008The man is very funny. If his views weren’t so diametrically opposed to mine, I’d considering voting for him.
The 5 blogs meme
Posted on September 04, 2008I will just pretend that I’ve been tagged by Scott for this latest meme making the rounds of the blawgosphere. The rules are simple: name 5 blogs I read and tag 5 blawgers. Note the subtle difference: 5 blogs, not blawgs. So, without further pontification, as is my wont, here are 5 blogs I read that you [...
Gideon?s turning in his grave
Posted on September 03, 2008From the very same state that gave us Gideon v. Wainwright comes the news that their public defender system is in dire straits. A judge in Miami ruled today that the public defender system is so overburdened and crushed by caseload that they can stop accepting some cases until the situation improves...
Nice try
Posted on September 03, 2008An officer suspended for having sex with a prostitute claims that it was part of his job and he didn’t enjoy it. Right.
Liveblogging Raising The Bar (updated)
Posted on September 01, 2008Update: Seth Abramson has 10 questions for David Feige and I sign on to all of them. 10:17pm: So Raising the Bar is on TNT… It’s a little hard to watch, I’ll be honest. I’ve cringed a few times already. Hopefully it will get better...
A question
Posted on August 31, 2008Can one oppose gay marriage and/or civil unions and still claim to have “good friends” who are gay? Or perhaps the question should be: would someone who is gay be “good friends” with someone who opposes gay marriage and/or civil unions? It’s not like having friends who refuse to be fuel efficient, while you drive a [...
Do you know what a dojo is?
Posted on August 30, 2008Someone somewhere compiled a video of some funny karate kicks. Here they are. I’m sad to say that the list is populated by Jean-Claude Van Damme and does not feature either Chuck Norris or Steven Seagal. Still, some karate is better than no karate on a Saturday afternoon.
Stop. You have reached the end of the internet
Posted on August 29, 2008Well, not really, but you will be cut off if you’re a Comcast customer and you use more than 250gb of bandwith per month. This means that almost no normal user will have a problem. Except, of course, Scott Greenfield, who uses about 3 trillion GB of bandwith everyday...
Do you gamble?
Posted on August 28, 2008The Texas Tornado, by way of the two Justices (Blonde and Western) writes about (what he might as well trademark) the NLS (Nasty Little Surprise©) strategy and tactic. The question is simply why a criminal defense lawyer would not share exculpatory information before trial with the Government...
Raising the Bar
Posted on August 28, 2008You’ve probably heard by now that Steven Bochco and David Feige’s Raising the Bar premieres on Monday at 10pm on TNT. It stars Zack Morris as a public defender and Malcolm’s mom as a crazy judge (who, thankfully, doesn’t seem to yell as much in this new role)...
Dear jackass
Posted on August 27, 2008To you in the not-to-be-disclosed-color car, who drove about 2 inches behind my car on the highway this afternoon: driving that close does not scare me and it will not make me change lanes. What it will do, is make me want to slam on my brakes really hard...
Just a little guilty
Posted on August 27, 2008Due to unforeseen commitments, I’ve missed out on a great discussion in the blawgosphere between Scott, Scott, KFPL, Jr., Scott again and then KFPL, Jr. again on the presumption of innocence, actual innocence and not guilt and whether juries should be given that third option of finding a defendant “innocent”...
Legal fictions: collateral consequences edition
Posted on August 26, 2008Back in the day, I posted about two different legal fictions: rehabilitation during voir dire and the difference between the standard of proof in trials and VOP hearings. Here’s another that’s been stuck in my craw for a week or so now: collateral consequences that really are direct consequences but no court will acknowledge that...
Doin? time on the outside
Posted on August 19, 2008Julie Amero, still stuck in legal limbo-land, 432 days later. Rick Green wants to make some noise. H/T Karoli. There’s a petition for those who might be so inclined. ShareThis
Must prisons be so confining?
Posted on August 19, 2008Stuck in the waiting area of a local Level 4 prison yesterday, awaiting the arrival of a client, my investigator and I got talking about prison cells. So we decided to map out the size of a standard prison cell in the waiting area where we were. We used 80 square feet as an average size [...
Monday Morning Jumpstart: It?s Aliiiive!
Posted on August 18, 2008aaargh! 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 [...
Improving access to post-conviction DNA testing
Posted on August 14, 2008The Justice Project has a new policy review on this subject. I haven’t read it yet, but I thought I’d pass it along. ShareThis
Want to reduce crime? In by nine!
Posted on August 14, 2008Hartford’s struggling. There’s no doubt about it. No matter what the police and city government try to do, it seems as though every week there’s more violence. Now, after last weekend’s shootings in which one was killed and 7 were injured - mostly children - the city has decided to try a new tactic: a [...
CA bans uncorroborated jailhouse testimony
Posted on August 13, 2008Uncorroborated testimony in criminal cases has always been a source of problems and worries. Think about it - you, as the jury, are being asked to believe one person over another, based solely on the tightly controlled testimony presented in court. It amazes me, and I know Miranda agrees, that any jury actually convicts based [...
Sloppy DNA work not unique to US
Posted on August 13, 2008Australia to review 7,000 cases to check DNA evidence because of testing error in one. ShareThis
Jailbait
Posted on August 12, 2008Anyone here think that if you made it with any of the Chinese female gymnasts, you wouldn’t be guilty of stat. rape (in a jurisdiction where the age of consent is 16)? I didn’t think so. They’re as sixteen as my middle aged beard. ShareThis
Fuzzy math
Posted on August 12, 2008If you’re a sports fan - or just a fan of humor, you need to be reading FireJoeMorgan. Here’s the latest laugh out loud post: After defeating the guys on the other side again, the ball rolls up to Kerri [Walsh]’s feet. As if to rub it in their faces, she says: “Best seven out of [...
More macho police moments
Posted on August 12, 2008Caught on tape: http://www.youtube.com/watch?v=dUPfhPq1EBw ShareThis
The secret to winning: Gideon-style
Posted on August 10, 2008Congratulations! You have won an iPhone! Click here! A while back, Scott the Greenfield ragged on Gerry Spence for offering some “sage” advice about winning: credibility and lack of thinking (It’s not as stupid as the Greenfield makes it sound, but I see his point)...
Judge for a day - part next
Posted on August 10, 2008Just read a sentencing story today that I thought would make a good example for the next edition of “Judge for a Day!” Defendant is charged with two counts of second degree robbery and four counts of third degree burglary. He robbed two Subway stores, making off with $1062 total...
What does ?regularly? mean?
Posted on August 07, 2008Sex offender probation again. It doesn’t stop bothering me and it shouldn’t stop bothering you either. One of the standard conditions of sex offender probation is the requirement that the probationer not go within 1-2,000 feet of a park, school, playground, library, etc (the so-called “residency restrictions“)...
Press shield law to get its first test
Posted on August 06, 2008The “dinnertime bandit” (by the way, how quaint. Is anyone called a bandit anymore? All I hear is “criminal” and “thug” and this “bandit” was anything but) prosecution has already seen some interesting lawyering: the eyewitness ID was ruled inadmissible, because of a faulty array; something about the kidnapping charge in light of State v...
Sunday Stupidity: Externship edition
Posted on August 03, 2008Law student goes on The People’s Court, gets a lesson in talking to a judge. He should ask his law school for a class’ worth of credits. http://www.youtube.com/watch?v=A45RXpmIZtc ShareThis
Unplugged
Posted on July 31, 2008If you’re wondering why there haven’t been any new posts here in the last few days, it’s because I unplugged myself from the matrix. It felt good, but now I’m back. Look for more posts soon. What’s going on in your part of the world? ShareThis
Um yeah
Posted on July 28, 2008So, those of you using IE 6 must have been greeted by this awful lime green color splashed across the page today (thanks for telling me!). Obviously, that was not intentional. I don’t know what happened, but I seem to have gotten it fixed now. You could avoid this problem in the future, you know by [...
Weekend recap
Posted on July 28, 2008It’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: [...
Hold your breath: prison de-segregation to begin
Posted on July 27, 2008racial integration in prison cells Three long years after SCOTUS held in Johnson v. California that prison segregation policies were subject to “strict scrutiny” and remanded to the Federal district court for further consideration, California’s prisons are about to enter a new era of racial desegregation...
I?m not judging
Posted on July 27, 2008Here are some recent searches that brought readers to this blog. No chuckling. Act your age. “I am on probation and lied to the prosecutor.” “Cop first day back catching criminal 2008″ (??) “Is internet porn illegal in ct?” “Been a public defender too long” “Ice cream truck” and “back of ice cream truck” (I hesitate to venture a guess) “Worn [...
Bug me not
Posted on July 27, 2008Thought I’d pass this along. I’ve been using this handy tool for years now. Bug Me Not is website that lets you bypass “free, compulsory” registration that you encounter on many websites, which require you to enter personal information...
Sunday stupidity: Love your cop edition
Posted on July 27, 2008Scott encourages us to post a good story today about an encounter with a cop. Since I have nothing interesting to add, I will turn it over to my good friend Peter Griffin (Warning: to the one of you who hasn’t quite figured out that Family Guy can be rather offensive, you are warned...
Right of allocution subject to cross-examination
Posted on July 27, 2008The Supreme Court of California, on Thursday, issued a rather curious opinion, holding that a defendant has no right of allocution unless it is subject to cross-examination by the prosecution. Granted, this was a case of statutory interpretation and thus, has no bearing on any other State, it is still indicative of some trends in [...
I took the plunge
Posted on July 26, 2008As you can see (hint for those using readers: come to the site!), I’ve changed the theme on the blog after 1 year and 3 months. I like this new theme because it’s different, but not too different from the old one. I’ve kept some elements from the old design - like the header - [...
New theme test v. 3.0
Posted on July 25, 2008Well, I think I may have found it. A new theme. It’s being tested over at the test blog. Click on over and leave a comment telling me what you think. I really like it, but don’t let that influence you. The header will obviously have to be tinkered with/changed, but what about the rest? ShareThis
Police brutality?
Posted on July 25, 2008You decide. Is this another instance of police brutality? http://www.youtube.com/watch?v=hBU3Wo5rXH4 ShareThis
I am nobility
Posted on July 24, 2008Some believe that the real 13th Amendment is the Titles of Nobility Amendment that stripped people of their citizenship upon acceptance of titles of nobility. Thus, “Esquire” is also a title of nobility (which it has never been) and therefore, the entire judicial system is illegal (since none of us lawyers are citizens)...
Where have you gone, Justice Berdon? Part Two
Posted on July 24, 2008From State v. Juan V, issued yesterday. Berdon, J., dissenting: This is a difficult case, not because of the applicable law, but because it involves allegations of sexual assault and abuse of J, a four year old child, allegedly perpetrated by the defendant, Juan V...
Wednesday is?
Posted on July 23, 2008You know how that sentence ends. Lori Drew moves to dismiss the “Myspace indictment”. [Prior coverage] Prof. Berman breaks down the chances of a rehearing in Kennedy. Constitutional right of access to DNA evidence for clemency. Are honor killings that foreign to Americans? The legality of NYT’s McCain op-ed snub...
Cover
Posted on July 23, 2008A different face Everyone who practices law will be familiar with the concept of “cover”. No, it is not a legal principle, but means exactly what the verb form suggests: cover your cases. Lawyers (especially those in private practice) will have multiple cases on for any given day...
I say you he dead
Posted on July 23, 2008Just another reason why this might be the funniest show on television. SHARETHIS.addEntry({ title: "I say you he dead", url: "http://apublicdefender.com/2008/07/23/i-say-you-he-dead/" });
Meet Phoenix Wright
Posted on July 21, 2008Attorney-at-law, now available for your Nintendo DS. Yep, a videogame about a lawyer. Maybe Blumenthal will try to ban this too. Thanks Peter. SHARETHIS.addEntry({ title: "Meet Phoenix Wright", url: "http://apublicdefender.com/2008/07/21/meet-phoenix-wright/" });
DNA: Something new and something old
Posted on July 21, 2008DNA helix The biggest story of this past weekend is this L.A. Times piece on the accuracy of the DNA identifications and the statistics used to come up with the probabilities of a random match. Much has been said in the blawgosphere (all of it worth reading) by the Greenfield, the Underdog Mark Katz, the public [...
Two words
Posted on July 21, 2008The call comes in. “That was quick!” Heading upstairs, time slows down. The judicial marshals converge. There are 5 of them now. The judge enters. Everyone stands. Some sit. Some remain standing. There is a knock on the door. Six people enter...
Blogging schedule
Posted on July 21, 2008Sorry folks, still pretty occupied here in Gideonland. Normal posting should resume tonight or tomorrow. Thanks for sticking around! SHARETHIS.addEntry({ title: "Blogging schedule", url: "http://apublicdefender.com/2008/07/21/blogging-schedule/" });
Gerry Spence
Posted on July 18, 2008has a new blog. SHARETHIS.addEntry({ title: "Gerry Spence", url: "http://apublicdefender.com/2008/07/18/gerry-spence/" });
A big win for war on drugs
Posted on July 17, 2008Last week, the 2nd Circuit delivered a crushing blow on the war on drugs sanity and common sense. The Second held (for the first time, it is worth nothing) that sharing drugs is “illegal distribution” of drugs. Police raided [Wallace's] apartment and recovered from Wallace’s bedroom 1...
What I learned this week
Posted on July 17, 2008is that no matter how long you’ve been practicing, there’s always more to learn. SHARETHIS.addEntry({ title: "What I learned this week", url: "http://apublicdefender.com/2008/07/17/what-i-learned-this-week/" });
Lex gibberish
Posted on July 16, 2008I’ve always been fascinated with legal terms, phrases and concepts. But then again, I’m a geek. Most people that come into contact with the legal system are not (read: defendants and jurors). So why is everything that we say in a courtroom so confusing…so obstructionist…so difficult to listen to and understand? Over the last few years, reading [...
Blogging will be light
Posted on July 14, 2008Sorry folks, but it’s going to be a very busy week, so blogging will be rather slow. I’ll try to do the Jumpstart this evening, because there is a lot of good stuff going on in the ’sphere. Don’t forget to check out the links on the left if you start to experience withdrawal symptoms...
Judge gone wild
Posted on July 14, 2008Judges do things that are disliked by either party all the time. You take it in stride and you deal with it. There are some actions, however, that leave you so dumbfounded that you don’t know what to say, let alone what to do. Sometimes they come from so far out in left field, that the [...
New Haven ID Card holders identity to remain secret
Posted on July 10, 2008A big battle has been going on in New Haven, CT, which I’ve been remiss in addressing. It all stems from New Haven’s handing out of city IDs to any resident who wants them. The photo IDs act as a replacement for state issued id cards and licenses, allowing residents to open bank accounts, among [...
Corpse and (grave)robbers
Posted on July 10, 2008The story, ofcourse, is about the three yoots from Wisconsin who were charged with sexually assaulting a 20 year old girl. Problem was, she was already dead. The Appellate Court in Wisconsin got it right (as appellate courts are wont to do) and declared that this, obviously, cannot be a crime, since the woman was not [...
A sweeping blueprint for change
Posted on July 10, 2008After slightly over a year under the stewardship of Chief Justice Rogers, the Judical Branch is readying itself for some wholesale changes. The Public Service and Trust Commission, appointed by the Chief Justice, released a 57 page report, chronicling all that is wrong with the Judicial Branch and what is going to be done to [...
Cops lie and people die
Posted on July 07, 2008Grits for Breakfast points us to this important and disturbing story published in the L.A. Times a few days ago. It is a report on the murder of 16-year old Martha Puebla, whose name the police used while fabricating an identification. They were trying to get her boyfriend for an unrelated murder and during their interrogation [...
Monday Evening Winddown: Fourth of July edition
Posted on July 07, 2008photo 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...
Monday Morning Slowstart
Posted on July 07, 2008Thanks 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. SHARETHIS.addEntry({ title: "Monday Morning Slowstart", url: "http://apublicdefender...
Sunday stupidity: how not to represent yourself edition
Posted on July 06, 2008Dude tries to fake a heart attack. Watch: http://www.youtube.com/watch?v=RrWSx46NlI4 SHARETHIS.addEntry({ title: "Sunday stupidity: how not to represent yourself edition", url: "http://apublicdefender.com/2008/07/06/sunday-stupidity-how-not-to-represent-yourself-edition/" });
Abandoned cities and towns
Posted on July 06, 2008Pictures and a brief description of 20 of them SHARETHIS.addEntry({ title: "Abandoned cities and towns", url: "http://apublicdefender.com/2008/07/06/abandoned-cities-and-town/" });
Independence Day
Posted on July 04, 2008Because this may be the first year since 1999 that this movie isn’t on TV today. http://www.youtube.com/watch?v=oRGUqd_M6Mg SHARETHIS.addEntry({ title: "Independence Day", url: "http://apublicdefender.com/2008/07/04/independence-day/" });
Link-dump day
Posted on July 02, 2008photo credit: Jake Wild! One day left before the end of the week, so it’s time to dump some links on you: ACLU has asked a CT court to vacate its decision to force feed an inmate on hunger strike. A Newsweek review of “Ganja Queen”, the story of Schappelle Corby, still stuck in an Indonesian jail...
Heller goes to the airport
Posted on July 02, 2008In this latest installment of “Heller goes to…”, in which we follow the zany adventures of Heller v. D.C.*, the lovable Supreme Court case, as he makes his way through the country, Heller decides to go to the airport to see what the fuss is all about...
TMYK: Due Process edition
Posted on July 01, 2008Apparently, it is not a violation of due process in the state of CT if there is not an adequate factual basis for a plea stated on the record. See Paulsen v. Manson, 203 Conn. 484 (1987). Who’da thunk it? SHARETHIS.addEntry({ title: "TMYK: Due Process edition", url: "http://apublicdefender...
Castle doctrine come home to roost
Posted on July 01, 2008You may have heard, you may not have. A Texas grand jury has decided to “no-bill” Joe Horn (no, not that Joe Horn). Prosecutors sought to indict Horn after Horn killed two men who were fleeing after committing a burglary. Except it was not his own house...
Dysfunctional and close to collapse
Posted on July 01, 2008A report on California’s death penalty system. H/T and title from CDW. SHARETHIS.addEntry({ title: "Dysfunctional and close to collapse", url: "http://apublicdefender.com/2008/07/01/dysfunctional-and-close-to-collapse/" });
Truth in advertising
Posted on June 30, 2008Who said lawyers can’t tell it like it is: http://www.youtube.com/watch?v=JXiJQVyLelM Thanks for Scott for sending me the link SHARETHIS.addEntry({ title: "Truth in advertising", url: "http://apublicdefender.com/2008/06/30/truth-in-advertising/" });
Undoing Gideon?s promise
Posted on June 30, 2008As public defender offices across the country are cutting budgets and closing up shop, and at the same time that SCOTUS gave fresh guidance on when the right to counsel attaches, it is important to reflect on the place of the public defender in our criminal justice system today...
Monday Morning Jumpstart: short week edition
Posted on June 30, 2008Who’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...
Supreme Court changes course on kidnapping
Posted on June 29, 2008In what may prove to be a landmark decision, the Connecticut Supreme Court last week reversed decades of precedent in interpreting the State’s kidnapping statute. The Court issued two companion cases: State v. Salamon (concurrence and dissent) and State v...
Welcome CT public defenders
Posted on June 27, 2008To those of you to actually listened to our Chief’s words today at the annual meeting and decided to check out the blog, I say heartily: welcome! Poke around the site; you’ll find plenty to keep you entertained. Remember, she said it’s okay to look! If you’re looking for the post she cited, it is here...
It?s an opinionated week!
Posted on June 26, 2008Lots and lots of interesting decisions this week, both from SCOTUS and the CT Supreme Court. For Kennedy coverage, the best place to go is Sex Crimes. Giles is the potentially more interesting decision for the criminal defense practitioner. I should have something up on Giles later today...
Ganja Queen
Posted on June 24, 2008A documentary on Schapelle Corby premieres on HBO. SHARETHIS.addEntry({ title: "Ganja Queen", url: "http://apublicdefender.com/2008/06/24/ganja-queen/" });
Traffic rules
Posted on June 24, 2008Do you have to signal if you’re in a right or left only lane? SHARETHIS.addEntry({ title: "Traffic rules", url: "http://apublicdefender.com/2008/06/24/traffic-rules/" });
Where have you gone, Justice Berdon?
Posted on June 24, 2008For reasons that aren’t important, I was engaged in a discussion of Connecticut’s Supreme Court and the tone of recent opinions. This led to a discussion of retired Justice Berdon, Gov. Lowell Weicker’s first nominee to the Supreme Court, and a prolific writer who wore his opinions on his sleeve (and pen)...
More of Judge Kozinski?s stash
Posted on June 23, 2008at Patterico. Gideon yawns. SHARETHIS.addEntry({ title: "More of Judge Kozinski’s stash", url: "http://apublicdefender.com/2008/06/23/more-of-judge-kozinskis-stash/" });
Roth-very narrow
Posted on June 23, 2008SCOTUS today issued its opinion in Rothgery v. Gillespie County [pdf], which has caused some discussion in the blawgosphere. The prevalent theme in this discussion is a sense of being unfulfilled. A sort of “that’s it?” There’s also some confusion as to what the decision really means...
Monday Morning Jumpstart
Posted on June 23, 2008photo 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...
Attorney-client confidentiality in prisons
Posted on June 23, 2008One of the most important aspects of our job is maintaining attorney-client confidentiality and it is also an integral component of the adversarial system. We need confidentiality so clients can take us in their confidence without fear of repercussion...
Someone needs Orbit
Posted on June 22, 2008Chef Ramsey - whose shows I love - managed to unleash the f-bomb eighty times in 40 minutes. SHARETHIS.addEntry({ title: "Someone needs Orbit", url: "http://apublicdefender.com/2008/06/22/someone-needs-orbit/" });
Sunday Stupidity: Trying to ?palm? the cash edition
Posted on June 22, 2008Sigh. http://www.youtube.com/watch?v=9oPAPnJjOJM SHARETHIS.addEntry({ title: "Sunday Stupidity: Trying to “palm” the cash edition", url: "http://apublicdefender.com/2008/06/22/sunday-stupidity-trying-to-palm-the-cash-edition/" });
There?s pretext and then there?s pretext
Posted on June 22, 2008photo credit: aslinth Among the many discussions clogging the bandwith of the local listserve this week was one about the validity of a traffic stop based on the police officer’s observation of an air-freshener hanging from the rear-view mirror of a vehicle...
QOTD
Posted on June 18, 2008Quote of the day, apropos of everything that we, as criminal defense attorneys, have to remember: We don’t see things as they are, we see them as we are. Anais Nin We will all be better attorneys if we remember this while dealing with clients and jurors...
Monday Morning Jumpstart
Posted on June 16, 2008It’s going to be a busy week folks, so posting may be slow. These stories should tide you over, at least for today: America’s oldest continuously published newspaper is about to undergo some drastic changes for the worse. Blackwater joins the “war on drugs”...
What is our job?
Posted on June 15, 2008The Windypundit, in an effort to get a fellow Chicago blogger blawging, asks indirectly whether our job is to protect people’s rights or to help criminals “get away with it”: Most criminal lawyers get asked that last question all the time, so I figured it was an easy one, but Rob took issue with my first [...
Sunday stupidity: gravity edition
Posted on June 15, 2008http://www.youtube.com/watch?v=j-IqlnCnKaM SHARETHIS.addEntry({ title: "Sunday stupidity: gravity edition", url: "http://apublicdefender.com/2008/06/15/sunday-stupidity-gravity-edition/" });
Friday foux de fa fa
Posted on June 13, 2008How many ways can one say TGIF? Here are a few: Happy Birthday Miranda Judge and prosecutor of death row inmate had secret relationship. Dallas public defender facing budget cuts. How photo arrays are really conducted (they tell you what to do). Norm fights for his client and gets what he wants...
Malum is back
Posted on June 12, 2008Welcome back Malum In Se Hostis Civitas! SHARETHIS.addEntry({ title: "Malum is back", url: "http://apublicdefender.com/2008/06/12/malum-is-back/" });
Porn is in the eye of the beholder
Posted on June 12, 2008A variant on “I’ll know it when I see it”. When the story broke yesterday that pornographic images and videos were discovered on the personal website of the Ninth Circuit’s Chief Judge Alex Kozinski, I was naturally curious to see these pictures and read about how they were discovered...
The purpose of habeas corpus
Posted on June 12, 2008More from Boumediene: Indeed, common-law habeas corpus was, above all, an adaptable remedy. Its precise application and scope changed depending upon the circumstances. See 3 Blackstone *131 (describing habeas as ?the great and efficacious writ, in all manner of illegal confinement?); see also Schlup v...
Boumediene and habeas corpus
Posted on June 12, 2008Plenty of other commentators have far more intelligent comments and insights on Boumediene [pdf] than I have to offer, so I will direct you to them (see this SCOTUSblog post for a collection of links as well). I do want to leave you with this quote from Justice Kennedy’s opinion, via Orin at Volokh: Officials charged with [...
Futility
Posted on June 11, 2008I’ve spent the last hour or so looking for a new theme. Ugh. No luck whatsoever. Some came close, but not close enough. So you guys are stuck with the status quo for now. Sorry. SHARETHIS.addEntry({ title: "Futility", url: "http://apublicdefender...
The invisible ?trend?: banned words
Posted on June 11, 2008Alternate title: It’s better to keep your mouth shut and let people think you’re stupid… From CrimProf and Appellate Law, this story about a growing “trend” where judges are preventing witnesses from using words that are legal conclusions...
More comment remixing
Posted on June 09, 2008I’ve just intalled and activated a new comment plugin that provides a few more features. Since no one besides me seems to use nested comments to reply directly to the comment they’re replying to, now there are two additional buttons: reply and quote...
Monday Morning Jumpstart
Posted on June 09, 2008photo 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...
Sunday Stupidity: Tropic Thunder edition
Posted on June 08, 2008From the MTV Movie Awards, a funny skit: http://www.youtube.com/watch?v=TqAMTKNxX40 SHARETHIS.addEntry({ title: "Sunday Stupidity: Tropic Thunder edition", url: "http://apublicdefender.com/2008/06/08/sunday-stupidity-tropic-thunder-edition/" });
The criminal justice paradox in Connecticut
Posted on June 08, 2008This is a post that has been in the making for a long time. It is incomplete and at times will be incoherent. These are questions, however, that I think are worth exploring and attempting to answer. So bear with me on this Sunday as I ramble. Anyone who has followed this blog for the past [...
Judge for a Day III
Posted on June 07, 2008Here’s another installment of “Judge for a day”. The setup, for new readers, is simple. I give you a factual scenario, you tell me what sentence you’d impose as a judge. The facts are as follows: Defendant is involved in a DUI accident...
A horse I can get behind
Posted on June 07, 2008Teen brings pony to last day of school, gets arrested. Full post later. SHARETHIS.addEntry({ title: "A horse I can get behind", url: "http://apublicdefender.com/2008/06/07/a-horse-i-can-get-behind/" });
Whither humanity?
Posted on June 06, 2008Here’s the video of the hit and run that has CT in an uproar. Warning: It’s pretty disturbing. http://www.youtube.com/watch?v=xQad4Y1SZGs SHARETHIS.addEntry({ title: "Whither humanity?", url: "http://apublicdefender.com/2008/06/06/whither-humanity/" });
Et tu Florida?
Posted on June 04, 2008Don’t feel so lonely, Minnesota. You’re not alone. As a wave of cuts in indigent funding seems to be sweeping across the country, Floridians are next in line to be submurged under the tides of cutbacks. The Miami-Dade Public Defender’s Office plans to begin turning away thousands of cases in the coming weeks, arguing it is [...
The tender Crawford
Posted on June 04, 2008As if child sex cases weren’t difficult enough, there are a couple of disturbing developments (at least here in CT) in this arena. The first, covered well by Norm, is a proposed change to the Connecticut Code of Evidence. Norm explains: Proposed Section 8-10 of the Rules would permit a statement made by a child to be [...
On the law
Posted on June 04, 2008From Fred Rodell: The Law is the killy-loo bird of the sciences. The killy-loo, of course, was the bird that insisted on flying backward because it didn?t care where it was going but was mightily interested in where it had been. And certainly The Law, when it moves at all, does so by flapping clumsily and [...
Monday Morning Jumpstart: June Swoon
Posted on June 02, 2008June is here! Here are some stories to get your day (and month) started: The Day has this great feature on the New London public defender’s office. Mike at C&F takes on the anti-gay marriage lobby. Ken at KL deconstructs a dashboard-cam video and concludes that the cop was justified in shooting...
Sunday stupidity: $50k edition
Posted on June 01, 2008SHARETHIS.addEntry({ title: "Sunday stupidity: $50k edition", url: "http://apublicdefender.com/2008/06/01/sunday-stupidity-50k-edition/" });
Leaving town
Posted on June 01, 2008A beautiful sketch. Look around, there’s lots of good stuff. SHARETHIS.addEntry({ title: "Leaving town", url: "http://apublicdefender.com/2008/06/01/leaving-town/" });
Much ado about douchebaging?
Posted on May 30, 2008The blawgosphere is up in arms about the 2nd Circuit’s decision today in Doninger v. Niehoff, a.k.a., the “douchebag” case (get the witty title? ;)) I have not been inclined to follow this case very closely and I will admit that I made up my mind early on, stemming from some archaic sense of discipline and [...
6 tips for being an effective trial lawyer
Posted on May 28, 2008Mike at C&F reviews a book that he recently read (and recommends), entitled “Don’t Believe Everything You Think: The 6 Basic Mistakes We Make in Thinking.” It is primarily a book about the human mind and the tricks it plays on us...
Tackling the real cause of recidivism
Posted on May 28, 2008It is no secret that one of the main causes of recidivism is a lack of opportunities for recently released offenders. As I’ve stated before, I’d like to see states take steps to ensure that, upon release, offenders have access to housing and jobs...
New Haven cop sentenced
Posted on May 28, 2008to 15 months for stealing money and manipulating evidence. SHARETHIS.addEntry({ title: "New Haven cop sentenced", url: "http://apublicdefender.com/2008/05/28/new-haven-cop-sentenced/" });
New York has full faith and credit
Posted on May 28, 2008In a very, very interesting move, N.Y. Governor David Paterson has directed state agencies to revise their regulations to recognize same-sex marriages performed in other jurisdictions. This will make NY the first (and only?) state to have no legislation permitting same-sex marriages, but policies recognizing those marriages from other states...
How stupid are we?
Posted on May 28, 2008I don’t know what’s worse: That people saw terrorist undertones in this picture or that Dunkin Donuts yanked it. Image: Dunkin Donuts/L.A. Times Tags: rachael+ray, dunkin+donutsSHARETHIS.addEntry({ title: "How stupid are we?", url: "http://apublicdefender...
The mess in Minnesota
Posted on May 28, 200845 years after Gideon’s promise, it seems that Minnesota is going backwards. It always astounds me when I read stories from other states about their public defense systems and their inadequate funding. Makes me feel lucky and proud to be in CT. But this is utter nonsense...
Monday Morning Jumpstart: Memorial Day edition
Posted on May 26, 2008Just 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...
Phoenix has landed
Posted on May 26, 2008On Mars. The frontier won’t be new too much longer. SHARETHIS.addEntry({ title: "Phoenix has landed", url: "http://apublicdefender.com/2008/05/26/phoenix-has-landed/" });
Tinted windows
Posted on May 25, 2008I’ve long wondered why states permit cars to have tinted windows. Here, in CT, a minimum of only 35% of light must filter through the tint. Some states set the bar even lower (FL and TX, for example). Is there any real value to tinted windows in cars other than privacy? Is that enough of a [...
Posting schedule
Posted on May 23, 2008At least one of you must be wondering why I haven’t posted since Monday. Truth is, I’ve been a little preoccupied with things here in “real life”. However, today is the end of the week and the long weekend is around the corner, so I have 3 days to catch up on all that I [...
Addressing rape in prisons
Posted on May 19, 2008From NPR. When will we do something about this? SHARETHIS.addEntry({ title: "Addressing rape in prisons", url: "http://apublicdefender.com/2008/05/19/addressing-rape-in-prisons/" });
Monday Morning Jumpstart: No edition edition
Posted on May 19, 2008The sands of time are unstoppable! Welcome to almost-June. Sigh. Mike at C&F takes the church to task on its “marriage only between man and woman because of procreation” position. The ’sphere is beginning to pick up the “H...
It?s been too long
Posted on May 18, 2008The Penguins are going to the Stanley Cup finals! SHARETHIS.addEntry({ title: "It’s been too long", url: "http://apublicdefender.com/2008/05/18/its-been-too-long/" });
New CT blog
Posted on May 18, 2008From Channel 3 (WFSB): “Inside Connecticut’s Courts“. First post here, with video. SHARETHIS.addEntry({ title: "New CT blog", url: "http://apublicdefender.com/2008/05/18/new-ct-blog-2/" });
Sex offenders on probation: setting them up to fail
Posted on May 18, 2008Sex offenders are the modern witches. There are so many things that rankle when it comes to society’s increased crackdown on sex offenders and their subsequent treatment, but one that never fails to get to me is their ridiculously unfair treatment on probation...
Saturday Stupor
Posted on May 17, 2008Enjoy. I’m off to vegetate. http://www.youtube.com/watch?v=vhFROOn_D7E SHARETHIS.addEntry({ title: "Saturday Stupor", url: "http://apublicdefender.com/2008/05/17/saturday-stupor/" });
Prison safety questioned
Posted on May 16, 2008After death row stabbing. SHARETHIS.addEntry({ title: "Prison safety questioned", url: "http://apublicdefender.com/2008/05/16/prison-safety-questioned/" });
Gay marriage legal in CA; what will CT do?
Posted on May 16, 2008Yesterday, California’s Supreme Court issued an historic 4-3 ruling [pdf] overturning that State’s statutory ban on gay marriages. Glenn Greenwald at Salon has a terrific analysis of the ruling here. It is critical to note that this argument was made pursuant to the California Constitution, not the U...
Lori Drew indicted in Myspace hoax suicide (updated)
Posted on May 16, 2008About a year and a half ago, Megan Meier hung herself after a boy she liked and talked to via MySpace turned on her. Turns out the “boy” was a hoax; a fake profile created by Megan’s friend (and also her neighbor), another teenage girl and her friend’s mother, Lori Drew...
Accidents no more: Everything?s a crime
Posted on May 16, 2008At least in fair Norwich, CT, as this story leads me to believe. I can only imagine how this scene unfolded. Cops arrive at the scene of a fire. A building is destroyed, 14 people (including 7 children) are now homeless. They arrest and charge the offender…...
The Nuremberg defense
Posted on May 14, 2008For Virginia prosecutors? SHARETHIS.addEntry({ title: "The Nuremberg defense", url: "http://apublicdefender.com/2008/05/14/the-nuremberg-defense/" });
Maybe it?s in the job description
Posted on May 14, 2008Which might explain why lawyers love to hear themselves talk (I’m guilty of this too). The problem is that while this may we tolerable outside the courtroom, it can have disastrous consequences inside the courtroom. Reflecting on Norm’s coverage of the Fieger trial some other nonsense I’ve read in the past week or two, I’ve come [...
Inmate murdered by victim?s relative
Posted on May 14, 2008Kevin Cales was sentenced to life a few months ago for the deaths of 5 people, whose car he ran off the road in a high-speed pursuit. The car he was chasing was driven by his ex-girlfriend, whom he was stalking. Cales was attacked from behind while he was seated at a table eating lunch...
The problem with voir dire
Posted on May 14, 2008Is that sometimes you end up taking jurors you have no business taking. Like the R. Kelly trial. From media accounts: Those jurors include an African-American woman whose husband is a Baptist pastor, a black man who identified himself as a Christian and a white executive who said he thinks Kelly is guilty...
New ABA model instruction
Posted on May 14, 2008On eyewitness identification. More on this later. SHARETHIS.addEntry({ title: "New ABA model instruction", url: "http://apublicdefender.com/2008/05/14/new-aba-model-instruction/" });
Embracing technology
Posted on May 14, 2008As most of you know, I’m a tech-geek. I love technology and I love new gadgets and new software and cool things like that. I’ve started using technology in my day-to-day job and maybe you’ll find it useful too. The tool I’m talking about is Microsoft’s Virtual Earth (you could use Google Earth too, but - [...
Monday Morning Jumpstart: Halfway through May edition
Posted on May 12, 2008photo 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...
Sunday Stupidity: Family Feud edition
Posted on May 11, 2008Good old stupidity under pressure: http://www.youtube.com/watch?v=zdVuEpD9_IY SHARETHIS.addEntry({ title: "Sunday Stupidity: Family Feud edition", url: "http://apublicdefender.com/2008/05/11/sunday-stupidity-family-feud-edition/" });
Asides fixed
Posted on May 10, 2008Thanks to Karoli, yet again. SHARETHIS.addEntry({ title: "Asides fixed", url: "http://apublicdefender.com/2008/05/10/asides-fixed/" });
SciAm takes down Stein?s ID ?movie? Expelled
Posted on May 10, 2008Here. (ID = Intelligent Design, not Identification) SHARETHIS.addEntry({ title: "SciAm takes down Stein’s ID “movie” Expelled", url: "http://apublicdefender.com/2008/05/10/sciam-takes-down-steins-id-movie-expelled/" });
New Connecticut Criminal Law Blog
Posted on May 10, 2008Finally. I was beginning to think that CT lawyers were going to continue to shun the web and the blawgosphere. I just stumbled across this new blog today, creatively titled the Connecticut Criminal Lawyer Blog. Written by a solo, Nicholas Adamucci, the blog has a few informational posts, but nothing “bloggy” yet...
I is gud riter?
Posted on May 10, 2008Okay, so perhaps not as pronounced as in the title (and certainly not bad spelling), but as this National Law Journal article points out, lawyers are getting worse at legal writing. Like other writing coaches, Garner sees the influence of technology in attorney writing, and, in many ways, he is not amused...
Like a kick in the groin
Posted on May 09, 2008From the Fail Blog SHARETHIS.addEntry({ title: "Like a kick in the groin", url: "http://apublicdefender.com/2008/05/09/like-a-kick-in-the-groin/" });
Quote of the day
Posted on May 08, 2008Woman sues for shoe-in-dog-feces incident. City attorney says “poop happens” (I kid you not). Further: “[I have] seen some frivolous claims, but the feces claim reeks.” SHARETHIS.addEntry({ title: "Quote of the day", url: "http://apublicdefender...
Headline of the day
Posted on May 08, 2008Last week, actually. H/T: TRBR via CDW. Scott, I’m not explaining this to you. SHARETHIS.addEntry({ title: "Headline of the day", url: "http://apublicdefender.com/2008/05/08/headline-of-the-day/" });
A request to bloggers
Posted on May 07, 2008Please STOP making links open in a new window! I know how to do it, so if I want to, I will. Kthx. All links on this site open in the same window. If you want them to open in a new window/tab, simply right click and select that option. If you find one here [...
State sites rejuvenated
Posted on May 07, 2008State library and Judicial Branch newslog. Fancy! SHARETHIS.addEntry({ title: "State sites rejuvenated", url: "http://apublicdefender.com/2008/05/07/state-sites-rejuvenated/" });
No open container law again
Posted on May 07, 2008For the fifth year in a row, the State legislature did not pass an open container law. Per CT News Junkie, the Black and Hispanic caucuses argued that the bill would just end up discriminating against minorities and give cops another excuse. So, come to CT, where you can drink and drive (just not drunk and [...
Prosecutorial sanctions: Three time?s a charm
Posted on May 06, 2008In keeping with “Should prosecutors be held accountable” week, the 9th Circuit issued this scathing opinion, chastising two prosecutors for egregious violations: The government egregiously failed to meet its constitutional obligations under Brady and Giglio...
Can a State copyright its statutes?
Posted on May 06, 2008Apparently, Oregon is trying. The story goes thusly: Oregon sent a cease and desist letter to Justia and Public.Resource.Org. They claimed a copyright in the “arrangement and subject matter compilation of Oregon statutory law…” Thus, Oregon is asking these sites to take down the Oregon statutes they make available for free...
Teacher gets canned
Posted on May 06, 2008for wizardry (actually just magic). SHARETHIS.addEntry({ title: "Teacher gets canned", url: "http://apublicdefender.com/2008/05/06/teacher-gets-canned/" });
Pop quiz: Reasonable expectation of privacy
Posted on May 05, 2008Do you have a reasonable expectation of privacy in your car, which you left unlocked in the parking lot of your place of business? Would police require a warrant to open the doors to your car and look inside? Assume nothing in plain sight. SHARETHIS.addEntry({ title: "Pop quiz: Reasonable expectation of privacy", url: "http://apublicdefender...
Monday Evening Margarita
Posted on May 05, 2008photo credit: (nutmeg) Happy Cinco de Mayo folks! Hope you all treated yourself to a cerveza today. If not, just ogle the picture in this post. Here’s what you missed while boozin’ it up in honor of the 5th of May: Norm takes umbrage at defendant’s tactics of throwing his client - New Haven detective Clarence Willoughby [...
Large Hadron Collider
Posted on May 04, 2008ATLAS detector deconstructed, from the best science blog out there. SHARETHIS.addEntry({ title: "Large Hadron Collider", url: "http://apublicdefender.com/2008/05/04/large-hadron-collider/" });
Sunday stupidity: Conan does call centers
Posted on May 04, 2008http://www.youtube.com/watch?v=8hOfSI5RdAk SHARETHIS.addEntry({ title: "Sunday stupidity: Conan does call centers", url: "http://apublicdefender.com/2008/05/04/sunday-stupidity-conan-does-call-centers/" });
Dallas DA wants to punish Brady violators
Posted on May 04, 2008Looks like I wasn’t the only one who had prosecutorial ethics on my mind this past week. From Grits, Dallas DA Craig Watkins has about had it with these exonerations and wants to do something about it. His proposals are serious. “Something should be done,” said Craig Watkins, whose jurisdiction leads the nation in the number [...
Judge gets award for upholding the law
Posted on May 03, 2008Alternative title: “Our standards are so low”. Remember David Pollitt? [Previous posts here, here, here and here] Yeah, he’s the guy whose release from prison after maxing out from his sentence had his rich neighbors in an uproar. They didn’t want him living in their cul-de-sac, so they staged protests and feverishly dialed into “Idol Governor”, [...
Forced confession results in acquittal
Posted on May 03, 2008The Kwame Wells-Jordan trial in New Haven has had it all: false confessions, recanting co-defendants, a near-fight between the state’s star witness and the prosecutor, a cop who has since retired amidst scandal and expert testimony on false confessions...
Judge for a day - II: Escapee edition
Posted on May 02, 2008Since the first installment of “Judge for a day” was so successful, I’ve decided to bring it back for another round. This time, ripped right from the headlines. By now, most of you have heard of Susan M. LeFevre. LeFevre, also known as Marie Walsh, was arrested in her “hometown” of Del Mar, San Diego...
Prosecutors go head to head with cops
Posted on May 01, 2008In bar brawl. SHARETHIS.addEntry({ title: "Prosecutors go head to head with cops", url: "http://apublicdefender.com/2008/05/01/prosecutors-go-head-to-head-with-cops/" });
Hump day is link dump day
Posted on April 30, 2008It’s hump day. It’s been a long hump day. So here’s a link dump. People of Lesbos sue over use of the word “lesbian”. Should cops value lives of others over their own? No, no and you people have got it all wrong. Man accidentally buys son Mike’s Hard lemonade, loses kid for a week...
So much resistance to change
Posted on April 30, 2008Cops really don’t like change, do they? One of the more noteworthy bills the legislature passed this past session was the one re-classifying 16 and 17 year olds as juveniles, as opposed to “youthful offenders”. Why does this bother the cops? Because it means they won’t be able to talk to these teens without a parent [...
Kool-Aid drinker
Posted on April 29, 2008Western Justice, self-proclaimed small town prosecutor, quotes Alan Dershowitz in asking whether criminal defense attorneys are “lie promoters“. But let’s say their client comes in, and tells them everything that happened–down to the very last detail, and those details are essentially–I’m guilty, I did it, and everything in the police reports is true...
Not enough
Posted on April 29, 2008minority judges in CT. SHARETHIS.addEntry({ title: "Not enough", url: "http://apublicdefender.com/2008/04/29/not-enough/" });
Gov. considering veto of crim justice bill
Posted on April 29, 2008Well, well. Now that the budget has tanked and we might not even have a surplus, the Governor announced that she is considering vetoing the recently passed criminal justice bill. Gov. M. Jodi Rell said today that the state’s worsening financial condition may lead her to veto high-profile criminal-justice legislation passed in reaction to last year’s [...
Monday Morning Jumpstart: Anniversary edition
Posted on April 28, 2008photo 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…...
New blawg
Posted on April 27, 2008From a former public defender, now doing something else in the law, entitled flotant. SHARETHIS.addEntry({ title: "New blawg", url: "http://apublicdefender.com/2008/04/27/new-blawg-4/" });
Sunday Stupidity: The real Wayne Brady edition
Posted on April 27, 2008From the Chappelle Show, an “instant classic”. WARNING: Adult language. http://www.youtube.com/watch?v=eiT3YnB0P60 SHARETHIS.addEntry({ title: "Sunday Stupidity: The real Wayne Brady edition", url: "http://apublicdefender.com/2008/04/27/sunday-stupidity-the-real-wayne-brady-edition/" });
Romeo, Romeo: The age of consent
Posted on April 27, 2008There is an interesting series of posts over at the Volokh Conspiracy (I know, I know), in which minds far greater than mine tackle the question of age of consent laws and the reasons for choosing the prevalent age cutoff. Eugene “Gene” Volokh starts it off by wondering: Ah, one might say, but perhaps the 30-year-olds are [...
Slow posting
Posted on April 26, 2008Sorry folks, posting may be rather slow for a day or so. I’m having some internet issues. SHARETHIS.addEntry({ title: "Slow posting", url: "http://apublicdefender.com/2008/04/26/slow-posting/" });
Connecticut criminal justice system reformed?
Posted on April 24, 2008The question mark is because I can’t tell from this piece what the heck actually happened. Shoddy, shoddy writing. Under pressure to respond after two deadly home invasions in the past nine months, the state Senate voted early this morning to strengthen the state’s criminal law and allocate $10 million for enhanced crime-fighting...
Wesley Snipes
Posted on April 24, 2008gets three years in jail. SHARETHIS.addEntry({ title: "Wesley Snipes", url: "http://apublicdefender.com/2008/04/24/wesley-snipes/" });
Cops coming round on videotaped interrogations
Posted on April 24, 2008You must’ve heard the phrase “Don’t knock it till you’ve tried it”. Some police departments have now tried it and may be sorry they knocked it. The Day has this article on the pilot program to videotape interrogations and the surprising (to some) results...
Colliding galaxies
Posted on April 24, 2008A front row seat. SHARETHIS.addEntry({ title: "Colliding galaxies", url: "http://apublicdefender.com/2008/04/24/colliding-galaxies/" });
CT news roundup
Posted on April 23, 2008There’s a link dump coming later this evening, but for now here are some interesting CT stories: Crime and Punishment in CT, NYT. State’s surplus almost wiped out, WFSB. Affidavit reveals more about home invasion, WFSB. Move to allow 17-year olds to vote in primaries moves to Senate, Stamford Advocate...
Link dump
Posted on April 23, 2008see more crazy cat pics Lots more cool stuff for you to read, if you so choose: Seeking Justice seeks to explain the Cynthia Sommers arsenic murder non-prosecution. Orin Kerr gives his initial thoughts on Virginia v. Moore. Western Justice gets a CI’s former phone number...
8 laws followed
Posted on April 23, 2008by all comic book movies. SHARETHIS.addEntry({ title: "8 laws followed", url: "http://apublicdefender.com/2008/04/23/8-laws-followed/" });
Judge for a day
Posted on April 23, 2008Here’s a fun little game. I give you a scenario, you tell me what the sentence should be. Defendant is accused of sexually assaulting and kidnapping (as in restraining) his friend’s girlfriend. This is a classic he said/she said case. He says she consented, she says she did not...
Monday Evening Sunbathing
Posted on April 21, 2008It is a warm 74 degrees as I type this. I love summer. Sorry there was no Jumpstart this morning, but I had to be in early. Here’s what I would have posted, if I had the time: Susan Cartier Liebel asks if we’re workaholics and reminds us to enjoy life...
The internet is all about
Posted on April 21, 2008“my”. The NYT reports. SHARETHIS.addEntry({ title: "The internet is all about", url: "http://apublicdefender.com/2008/04/21/the-internet-is-all-about/" });
Preempting habeas
Posted on April 21, 2008Everyone that practices criminal law is probably aware of the Sixth Amendment right to effective assistance of counsel and the (usually) appropriate venue for seeking relief for a violation of that right: a petition for writ of habeas corpus. This remedy, however, is difficult to obtain and is backward-looking in nature...
Sunday stupidity: News bloopers edition
Posted on April 20, 2008Some silly TV news bloopers for you to enjoy. Some of the bloopers contain adult content, so be careful. http://www.youtube.com/watch?v=zUM-mR_VbBA SHARETHIS.addEntry({ title: "Sunday stupidity: News bloopers edition", url: "http://apublicdefender.com/2008/04/20/sunday-stupidity-news-bloopers-edition/" });
How rock stars
Posted on April 20, 2008got their stage names. SHARETHIS.addEntry({ title: "How rock stars", url: "http://apublicdefender.com/2008/04/20/how-rock-stars/" });
Proposal to commute all sentences
Posted on April 19, 2008of death to life, in Pakistan. SHARETHIS.addEntry({ title: "Proposal to commute all sentences", url: "http://apublicdefender.com/2008/04/19/proposal-to-commute-all-sentences/" });
8 simple rules?
Posted on April 19, 2008Scott has shamed me into posting. Again. He has two posts on things that should always happen and things that should never happen. He asks us to think of it as a legal Rorschach test. All people who believe that convicting innocent people is an acceptable necessity of an imperfect system should nominate one member of [...
Those attentive attendants
Posted on April 18, 2008Keeping us safe in the air. SHARETHIS.addEntry({ title: "Those attentive attendants", url: "http://apublicdefender.com/2008/04/18/those-attentive-attendants/" });
New blogs
Posted on April 18, 2008Two new blogs on the scene: Judgment Day and Exposed. Check ‘em out! Both have been added to the blogroll. SHARETHIS.addEntry({ title: "New blogs", url: "http://apublicdefender.com/2008/04/18/new-blogs-2/" });
Asides
Posted on April 17, 2008I’m adding a new feature today, one that I’ve wanted to for a long time. Since this is still my personal blog, and there are stories of interest out there that are not law-related, I’ve created a category called asides, wherein I will post links to stuff that interests me...
Black hole woke up
Posted on April 17, 2008for feeding in the 18th century SHARETHIS.addEntry({ title: "Black hole woke up", url: "http://apublicdefender.com/2008/04/17/black-hole-woke-up/" });
Oh, those crazy interns
Posted on April 16, 2008This is some of the oddest “testimony” before a legislative committee. From CT News Junkie: ?From liquor and smoking in a state facility, from sex in actual offices to kickbacks from lobbyists?? [Michael] Marsulo said. More than one legislator joked that they would like to know where the sex is happening so they could get some and [...
Ethical violations: A reluctance to report
Posted on April 14, 2008In the comments to my post about prosecutorial immunity yesterday, John raised an interesting point. He writes: At the VERY least, why do we not see prosecutors grieved, disciplined, reprimanded, made to take remedial ethics classes, etc. when THEY do something unethical? Is it our fault? Should we (defense attorneys) be filing grievances against prosecutors who [...
Good facts beat good law
Posted on April 14, 2008Doug at Not Guilty asks practitioners whether they’d prefer good facts or good law in a case. The answer, I think, is clear. Good facts (almost) always trump good law. Putting aside the question of whether there actually is such a thing as “good law” for defendants, if the facts are not on your side, your [...
CT odds and ends
Posted on April 14, 2008Some interesting CT stories from today that I’m really just too lazy to make into full-fledged posts. First, New Haven public defender Tom Ullmann gives the New Haven police department a piece of his mind and takes a few swings at the State’s Attorney’s office too: Defense attorney Thomas Ullmann has charged that some members of the [...
Videotaped interrogations pilot program to start soon
Posted on April 14, 2008At the end of June, four police departments in CT will begin to videotape interrogations of suspects of violent felonies. Supporters think such a policy should have been required in Connecticut years ago, especially in light of two high-profile cases in which police were accused of coercing confessions...
Monday Morning Jumpstart: It?s still darn cold edition
Posted on April 14, 2008When will it get warm in the mornings? Let’s hope it is soon. I can’t take this cold weather much longer. Here are some posts and stories to keep you distracted while that raindrop melts: Talkleft has the latest shaming punishment from Arizona Sheriff Joe Arpaio...
Sunday Stupidity: Top Gear edition
Posted on April 13, 2008You really should be watching Top Gear. It might be the funniest show on TV. http://www.youtube.com/watch?v=oWbiLpogzCc SHARETHIS.addEntry({ title: "Sunday Stupidity: Top Gear edition", url: "http://apublicdefender.com/2008/04/13/sunday-stupidity-top-gear-edition/" });
Removing prosecutorial immunity
Posted on April 13, 2008As highlighted in this L.A. Times article and this Scotusblog summary, the Justices will announce tomorrow whether cert will be granted in Goldstein v. Van de Kamp [9th Cir. decision here]. Goldstein was released from prison after serving 24 years for a crime he did not commit...
Unemployable
Posted on April 12, 2008During my first year in law school, I wanted to be an International Human Rights lawyer. Seriously. Then, for reasons that may be explained another day, I decided I wanted to practice criminal law. Specifically, I wanted to be a public defender. So I set about doing that...
Link love
Posted on April 12, 2008Scott, Dan Hull and Kevin have been talking up the need for us blawgers in the US to be more social. So I’m taking it to heart. Here’s a brand new blog, written by an old hand. Norm Pattis has started “Stupid Prosecution Tricks“...
Link dump
Posted on April 11, 2008ACLU presses for death row inmates’ rights. Apparently, there’s a wave of sexual offenders preying on nursing home residents. Not. State ethics bill “implodes“. Bill introduced in Congress to impose sanctions on countries that don’t take back illegal immigrants...
The right to choose what (or who) you photograph
Posted on April 11, 2008I know I write almost exclusively about criminal law, but I have spent the past hour reading 7 posts at Volokh on the application of the First Amendment and the issue is just too fascinating not to share. It reads like a law school hypothetical. The entire thread of posts is collected here (oldest to [...
Every law school class had one of these guys
Posted on April 10, 2008http://www.youtube.com/watch?v=0gMtSf2vbZs SHARETHIS.addEntry({ title: "Every law school class had one of these guys", url: "http://apublicdefender.com/2008/04/10/we-all-knew-this-guy/" });
Second Chance in Connecticut?
Posted on April 09, 2008I have long supported greater prisoner re-entry and rehabilitation programs (as you all may know), so I was happy to see that President Bush will sign the Second Chance Act today. In a sharp change in attitudes about incarceration, many states and private groups have recently experimented with ?re-entry? programs to help released prisoners fit back [...
Innocents on Death Row: Who?s counting?
Posted on April 09, 2008John Holdridge, who argued State v. Courchesne last month before the (CT) Supreme Court, has this opinion piece at HuffPo, arguing that the number of exonerations from death row make a strong case for a moratorium on the death penalty. One of the primary reasons is the recent explosion in the number of death-row exonerations, which [...
Chief Justice reflects on first year at helm
Posted on April 09, 2008Wow, it’s already been a year since the CT Supreme Court got a new Chief Justice. In an interview with WFSB, Justice Rogers reflects on a year at the head of the Court. Part of her agenda for the past year has been courthouse security: As she met with judges during her first year in the state’s [...
Texas polygamist raid based on defective warrant?
Posted on April 09, 2008Grits is all over the story that the search warrant and accompanying affidavit used to enter and search the polygamist compound headed by the now convicted Warren Jeffs may be illegal. For starters, the initial warrant named the wrong person. Dale Barlow, the 50-year old man who an anonymous phone call accused of marrying and assaulting [...
Testing
Posted on April 07, 2008Testing Claim Code SHARETHIS.addEntry({ title: "Testing", url: "http://apublicdefender.com/2008/04/07/testing/" });
Monday Morning Jumpstart
Posted on April 07, 2008Is it spring yet? Why is it so darn cold in the mornings? Dan Solove at Co-op writes about the police practice of surreptitiously obtaining DNA left behind and asks if we have a reasonable expectation of privacy in that DNA. Mark Bennett tells us that the law is not a beautiful thing...
Appellate Judge facing discipline for concurring opinion
Posted on April 07, 2008A very strange story of out Florida, courtesy of the inimitable Howard Bashman. The story goes thusly: The underlying case began as an appeal from a criminal conviction. The appeal was originally argued before a panel that ultimately decided by a vote of 2-1 to overturn the conviction...
Sunday stupidity: Strange sports edition
Posted on April 06, 2008http://www.youtube.com/watch?v=ZC5ykhXDDbo SHARETHIS.addEntry({ title: "Sunday stupidity: Strange sports edition", url: "http://apublicdefender.com/2008/04/06/sunday-stupidity-strange-sports-edition/" });
Judge reverses conviction after polling jurors
Posted on April 05, 2008Update: The decision is a must read. It comes in at a whopping 236 pages. (Yes, you read that correctly. 236 pages.) Not only is there an extensive discussion of the history of 6th Amendment jurisprudence, but there is also an extremely fascinating discussion of the Constitutionality of the federal child porn statute and whether [...
Who?s putting kids in danger?
Posted on April 04, 2008The world is a big, bad place. It really is. Which is why we have to protect children. No one will argue with that. Which is why there are tons of laws on the books criminalizing conduct that harms children, for the most part with extra penalties. I agree...
There must be something in the water
Posted on April 04, 2008What is it in Connecticut’s water that makes some people batty? Whatever it is, it seems to have some staying power. After Cheshire and more recently the killing in New Britain, Connecticut Congressman Chris Murphy has announced plans to introduce legislation making “home invasion” a Federal crime...
Focus starting to shift in crim justice ?reform?
Posted on April 04, 2008Two news stories today that allow me to hope, just a little bit, that perhaps some sense is seeping into the Capitol. The first proclaims boldly that the suspect in the recent New Britain home invasion had “little rehab for sex offense”. The ex-convict accused in this week’s fatal New Britain home invasion dropped out of [...
They could not take your pride
Posted on April 04, 200840 years to the day: http://www.youtube.com/watch?v=8cDRWvDx8h4 SHARETHIS.addEntry({ title: "They could not take your pride", url: "http://apublicdefender.com/2008/04/04/they-could-not-take-your-pride/" });
What not to do in Court
Posted on April 02, 2008Attack a federal prosecutor. Seems pretty logical, no? Yet Victor Wright decided to buck conventional wisdom and make a lunge for the prosecutor with a razor. Sucks for him that two people in the courtroom were former military personnel: His lawyer and the court reporter...
Three-strikes again: Prescience and a three-ring circus
Posted on April 02, 2008The killing of a 62 year old woman last week turned into a political battle over three-strikes laws with a sideshow on plea bargains. Not too long after news broke that Leslie Williams, a probationer, was arrested for one murder and one attempted murder, Gov...
A time for change
Posted on April 01, 2008Well folks. The time is upon us. I’ve been hinting at this for weeks now and today I can officially announce to all my readers (and some colleagues who happen to be reading as well) that I will no longer be public defending. I’ve taken a position with the general practice firm of Houlihan and [...
Monday Night Lullaby
Posted on April 01, 2008Yes. Very lame title. I know. It’s 10:12pm. If you expected more, you don’t know me. Anyway. I found a short window of time in which I have nothing to do, so here are the most interesting posts and stories from the past few days: From EvidenceProfBlog, the Iowa Supreme Court will hear the first challenge to [...
Sunday stupidity: American Pie edition
Posted on March 31, 2008Remember that scene from American Pie? Yeah, this is like that. Except with a table. A table. http://www.youtube.com/watch?v=MbY0j02cNqY SHARETHIS.addEntry({ title: "Sunday stupidity: American Pie edition", url: "http://apublicdefender.com/2008/03/30/sunday-stupidity-american-pie-edition/" });
Monday Morning Jumpstart
Posted on March 31, 2008Sorry folks, no jumpstart this week (again). I’ll be busy until Wednesday (and with those changes I mentioned almost upon us, too), so I’ll try and get an extended jumpstart edition up after that. SHARETHIS.addEntry({ title: "Monday Morning Jumpstart", url: "http://apublicdefender...
The courtroom as assembly line
Posted on March 28, 2008The criminal justice system is a heavy volume business. There are hundreds of thousands of individuals being processed through the system on a yearly basis. Hundreds get sentenced on a daily basis, there are even more that have short court-appearances...
The right of self-representation: More important because of us?
Posted on March 26, 2008Today, SCOTUS heard oral argument in Indiana v. Edwards, which focused on the application of Farreta. Indiana argued that pro-se defendants who cannot communicate coherently with the court or the jury can be denied their right of self-representation. Yesterday, Prof...
Eyewitness reform bill fails; DNA on arrest bill passes
Posted on March 25, 2008Just to show you how skewed the priorities of legislators are, let us compare two bills side by side. On the left, we have the eyewitness id reform bill and on the right, the “collect DNA from the innocent” bill. One is clearly needed, the other could be a significant violation of due process...
I?m back
Posted on March 25, 2008Sorry for the sporadic posting over the last week. My computer was malfunctioning and - believe it or not - I had work to do. I am now back, armed with my computer and plenty to say. Additionally, those changes I mentioned are coming closer to fruition...
Sunday Stupidity: All for a taco edition
Posted on March 23, 2008This is not your normal Sunday Stupidity post, mostly because the video has been taken off Youtube. But the story is still amusing enough to feature here. Instead of paying the $15 it cost to purchase seven tacos, a large order of fries, two sodas and two quesadillas with extra chicken, three men decided to scam [...
Giving a judge ?the hand?
Posted on March 21, 2008photo credit: mag3737 Usually will get you into trouble. Consider the “kerfuffle” between Judge John Bayly, Jr. and Liyah Brown, a public defender. They got into a petty dispute over whether Brown’s client was homeless and after an escalating argument during which the judge apparently told her to let it go, he asked marshalls to [...
Legal fictions and the standard of proof
Posted on March 20, 2008Here’s a legal fiction that we live with: Defendant is accused of murder. Defendant is on probation while he is alleged to have committed this crime. The state presents an eyewitness to the crime. The jury disbelieves the eyewitness and returns a verdict of not guilty...
Three-strikes bill killed in committee
Posted on March 19, 2008By a 25-16 vote, the Judiciary Committee voted against one three-strikes proposal today. The bill called for mandatory life sentence for third time offenders. Opponents said the revamped three-strikes-and-you’re-out proposal was deceiving because it would not automatically require a life sentence for a third violent offense...
Happy Birthday to me?
Posted on March 18, 2008Only one of you wished me a Happy Birthday *sniff* Where’s the love? div#main{overflow:visible;} SHARETHIS.addEntry( { title: "Happy Birthday to me…", url: "http://apublicdefender.com/2008/03/18/happy-birthday-to-me/" } );
It must be St. Paddy?s Day - ARO 3/17/08
Posted on March 17, 2008I felt like I was drunk this morning (or was it the judges?) when I read the Advance Release Opinions around noon. For there are not one, not two, but three reversals today (and three dissents!). Goldmine. First up, from the Supreme Court, State v. T...
Oh Georgia: Dubious conviction of Troy Davis to stand
Posted on March 17, 2008The Georgia Supreme Court issued a 4-3 opinion today, essentially affirming Troy Davis’ conviction. Troy Davis, you will remember, was granted a stay of execution by the Georgia Board of Parole and received a letter of support from The Pope. EyeID explains: According to the court, statements by a slew of witnesses who claimed that they had [...
Monday Evening Wind-down
Posted on March 17, 2008Sorry for the delay folks, I am having computer problems. Enjoy these stories - substantive posts to follow: Lisa at Compassion in Juvenile Sentencing continues her fantastic series of interviews with Jacob Ind with 10 more installments. Scott reports on today’s SCOTUS oral argument on when the right to counsel attaches...
Sunday Stupidity: Windex edition
Posted on March 16, 2008It sure is funny when it happens to other people: http://www.youtube.com/watch?v=XXoM_9aEgtg SHARETHIS.addEntry( { title: "Sunday Stupidity: Windex edition", url: "http://apublicdefender.com/2008/03/16/sunday-stupidity-windex-edition/" } );
Big changes coming
Posted on March 15, 2008Stay tuned, dear readers, for there are some big changes coming to this blog in the very near future. I can’t tell you as of yet what these changes are or when they’re going to happen, but I can tell you that they are big and will happen soon...
Your medicine tastes a bit bitter, no?
Posted on March 14, 2008photo credit: CJ Sorg In this world of indiscriminating sex offender registries, violent offender registries, lifetime registration, neighborhood notification and posting of pictures, names and offenses online for everyone to see, it was a bit amusing when law enforcement got their collective panties in a wad over a website called ratemycop...
The real cause of prison overcrowding: public defenders
Posted on March 12, 2008Well, they’re at it again. The law firm that can’t seem to sell itself without dumping on public defenders has another post up. This post actually makes some valid points and seems more like a blog post than a marketing advert. At least until you get to the middle, that is: A vast majority of the [...
Probation reform considered
Posted on March 12, 2008One of the most interesting bills being debated today is H.B. 5877, which is a product of the Sentencing Task Force. The bill would change probation terms (which now max out at 5 years for all felonies) to 5 years for a B felony, 3 years for a C & D felony, 2 years for [...
Woman stuck to boyfriend?s toilet
Posted on March 12, 2008Your eyes are not deceiving you. Deputies said a woman in western Kansas sat on her boyfriend’s toilet for two years, and they’re investigating whether she was mistreated. Ness County Sheriff Bryan Whipple said a man called his office last month to report that something was wrong with his girlfriend...
Three-strikes, prison overcrowding back before Judiciary Committee
Posted on March 12, 2008Not satisfied with the harsh penalties enacted by the special session of the legislature in February, we once again embark on a discussion of “true” three-strikes laws. There are four separate proposals before the Judiciary Committee to create a three-strikes and you’re out law and there are several bills dealing with prison overcrowding, inmate services [...
Denial is not a river in Egypt
Posted on March 11, 2008Allegations of prison overcrowding and inhumane treatment of inmates abound and yet the American Idol Governor continues to turn a blind eye. Take this latest lawsuit for example. Two inmates at Cheshire Correctional filed a lawsuit claiming that they were forced to defecate and urinate in plastic bags because of the severe overcrowding problem...
Fate, it seems, is not without a sense of irony
Posted on March 11, 2008So by now you must have heard of NY Gov. Elliot Spitzer and his escort escapade(s). This from the same man who zealously pursued prostitution rings as a prosecutor and is generally known to give no quarter to others. He now finds himself in the opposite spot at the table, which used to be occupied [...
Sex in the stationhouse: What?s the relevance?
Posted on March 11, 2008Joshua Mauldin’s legal problems just got a bit more complicated. After being charged with (and confessing to) microwaving his infant for 10-20 seconds, prosecutors are now seeking to have introduced at trial evidence that he had oral sex with his wife in the interrogation room at the police station...
The long arm of the law (updated)
Posted on March 11, 2008Adam Liptak’s latest Sidebar column in the NYT highlights a new study [pdf] conducted by the Chief Supervising Attorney of the Supreme Court of California, Jake Dear, and Edward Jessen, the Reporter of Judicial Decisions in California. The study, published in the UC Davis Law Review, finds that California’s Supreme Court is the most “followed” [...
Monday Morning Jumpstart
Posted on March 10, 2008I hate Daylight Saving Time. Really hate it. So forgive me if this is shorter than usual: A national ballistics database has been “shot down“. This NYT editorial urges passage of the Second Chance Act. A private attorney wonders whether to give clients his cell phone number...
Death penalty on our minds
Posted on March 10, 2008Two separate news items of note on the death penalty in Connecticut today. The first is a hearing in the judiciary committee on a bill that sets absurd time limits on the filing of appeals and habeas corpus petitions. S.B. 320 is a resurrection of an almost identical bill that failed in the last legislative [...
Sunday stupidity: fuel efficiency edition
Posted on March 09, 2008http://www.youtube.com/watch?v=E4lD0rLocTQ SHARETHIS.addEntry( { title: "Sunday stupidity: fuel efficiency edition", url: "http://apublicdefender.com/2008/03/09/sunday-stupidity-fuel-efficiency-edition/" } );
The uselessness of crossing an eyewitness
Posted on March 08, 2008Via CDW comes this fantastic new paper by Jules Epstein, which examines the problems with eyewitness identification testimony and the short-comings of using cross-examination to challenge it. It is a must read for the practitioner. The first 40 pages or so trace the history of eyewitness identification and of cross examinations and their place in [...
What?s on your mind?
Posted on March 07, 2008Gov. Rell pushes ahead with her plan to use cameras to ticket speeders despite the bill getting killed in committee. Parents will have to attend driving classes with their teens. I have nothing else. Treat this as an open thread if you want. SHARETHIS...
TMYK: Statute of Limitations is an affirmative defense
Posted on March 05, 2008The Statute of Limitations is a legislatively enacted section of the penal code that states: (b) No person may be prosecuted for any offense, except a capital felony, a class A felony or a violation of section 53a-54d or 53a-169, for which the punishment is or may be imprisonment in excess of one year, except within [...
Holy mo-zzzzzzzzz (ARO 3/5/08)
Posted on March 05, 2008As you can judge by the title, today’s advance release opinions from the Supreme and Appellate Court seem promising but quickly put me to sleep. That may have nothing to do with the opinions themselves. The Supreme Court issued State v. John M., in which the defendant claimed that the trial court abused its discretion in [...
Monday Morning Jumpstart
Posted on March 03, 2008Welcome to March! Today also happens to be the birthday of Alexander Graham Bell who, as most of us surely know, invented the telephone (or rather the first to patent the working telephone) - the precursor to modern day social networking tools. So with that in mind, let us turn to what has been happening [...
Burgling your mother?s house?
Posted on March 03, 2008This very odd story today leads me to ask the question in the title of this post. Luke Stetson and his girlfriend stole his mother’s chihuahua from the mother’s house and held it for ransom. They demanded hundreds of dollars. Hundreds. Apparently the transfer was made, but they were arrested trying to flee...
Sunday stupidity: Crash edition
Posted on March 02, 2008http://www.youtube.com/watch?v=EmJdQWuVqmM SHARETHIS.addEntry( { title: "Sunday stupidity: Crash edition", url: "http://apublicdefender.com/2008/03/02/sunday-stupidity-crash-edition/" } );
A warning to informers/snitches
Posted on March 02, 2008If you can figure it out. http://www.youtube.com/watch?v=ggjoSmSp4XU Actually, if you do figure it out, let me know. I’ve been listening to this song for over 15 years now and I have no clue what he’s saying. That’s what happens when a Canadian does reggae...
Eyewitness ID reform bill introduced in judiciary committee
Posted on March 02, 2008Fantastic news today. A new bill has been introduced to reform ID procedures in CT. The bill provides for most of the recommended changes to ID procedures during lineups. I have reproduced the bill in its entirety below. Spread the word: (b) Not later than January 1, 2009, each municipal police department and the Department of Public [...
Re-entry: Whose problem is it?
Posted on March 02, 2008Over the past week or so, a fight of sorts has broken out between New Haven mayor John DeStefano and Governor Rell. It started with a meeting in New Haven about prisoner re-entry, with town residents complaining that DOC “dumped” inmates into New Haven who then had nowhere to go...
This month at the Supreme Court
Posted on March 01, 2008It’s that time again! The docket has been released, so it’s time to preview the upcoming cases at the Connecticut Supreme Court. It’s no wonder that they sent me a notice saying: “Attorney Trumpet [yes, that’s my last name], we regret to inform you that yours was one of the many qualified petitions for certification [...
One by one they steal my sanity
Posted on February 29, 2008No wonder we’re all alcoholics. Researchers in Australia studied 50 criminal lawyers and 50 non-criminal lawyers and found that those engaged in the practice of criminal law are more likely to require therapy and turn to alcoholism. This is because of the nature of our jobs...
Piercing the blogging veil
Posted on February 28, 2008So, despite my best half-hearted attempts to conceal my identity, it has come to my attention that a growing number of you know who I am. My initial reaction was to go the Audacity route and just shut down. But I’m not going to do that. Frankly, because I enjoy this too much and I [...
Disparity challenge to death penalty survives motion to dismiss (updated)
Posted on February 28, 2008Update: Here’s a copy CT death row inmates’ racial and geographical disparity challenge to the death penalty survived a motion to dismiss. The challenge was made under provisions of both the Connecticut and Federal Constitutions. That might be what saved it (among other things)...
1 in 99: America?s prison population explodes (even more)
Posted on February 28, 2008A new study released today by the Pew Center reports that 1 in 99.1 Americans is in prison. From the press release: For the first time in history more than one in every 100 adults in America are in jail or prison?a fact that significantly impacts state budgets without delivering a clear return on public safety...
Money won?t buy you better justice
Posted on February 27, 2008On occasion, clients will hesitantly - almost embarrassingly - ask if giving us pds money will make things better for their case. Perhaps it will make us investigate defenses with more vigor or make us move their case to the top of our pile. Obviously, for the ethical attorney, the answer is no...
Waste of tax dollars: pointless prosecution edition
Posted on February 27, 2008This week’s edition of “biggest waste of governmental money” is not a video, but a story that stems from a Supreme Court case. SCOTUS granted cert. in Keith Lavon Burgess v. United States. The certified question is can a sentence be enhanced on the basis of a prior felony conviction, so as to require a [...
Growing up inside Supermax
Posted on February 26, 2008Meet Jacob Ind. Jacob is one of 46 teens sentenced to life without parole in Colorado, pursuant to a statute that has since been repealed. The facts surrounding his conviction are pretty gruesome. He hired a fellow student to kill his mother and step-father, both of whom levied years of abuse on Jacob - emotional [...
The ?Hillary as public defender? flak (updated)
Posted on February 26, 2008There’s some nonsense on the interweb about Hillary Clinton when she was appointed by the court to represent an individual accused of assaulting a teen and how she cross-examined the 12-year old complainant and what this means about her as a person or some such thing...
Monday Morning Jumpstart
Posted on February 25, 2008photo credit: Jessica DeWinter Welcome to the Oscar after-party edition of the Jumpstart. How hungover are you? The Windypundit gives us a refresher course on why shutting down wikileaks.org hasn’t shut down the actual website. Scott continues the Miranda/videotaped interrogations conversation by quoting the perspective of a cop...
Contempt conviction reversed
Posted on February 25, 2008Way back in April, 2007, public defender Sherri Jefferson was convicted of contempt and sentenced to 30 days’ imprisonment. That led to her resigning from her position as a public defender and appealing the trial court’s imposition of the sentence...
Sunday Stupidity: Wasting governmental money edition
Posted on February 24, 2008http://www.youtube.com/watch?v=OLQydbDHYtE SHARETHIS.addEntry( { title: "Sunday Stupidity: Wasting governmental money edition", url: "http://apublicdefender.com/2008/02/24/sunday-stupidity-wasting-governmental-money-edition/" } );
Is videotaping interrogations a better solution?
Posted on February 24, 2008In my post discussing the demise of Miranda, I approvingly quoted the author’s mention of videotaping confessions as a possible solution. Scott writes today and warns us not to get too invested in videotaped confessions and why they may not be the answer...
Blawgers Baseball 2008
Posted on February 24, 2008The 2008 season of the Blawgers Baseball Fantasy Baseball League is about to start. BRING IT ON! Details at the Blawgers Baseball Blog.I am going to win this year. Book it. SHARETHIS.addEntry( { title: "Blawgers Baseball 2008", url: "http://apublicdefender...
W(h)ither Miranda?
Posted on February 23, 2008A new paper asks the very question: Has Miranda become ineffective? Not because it’s not needed anymore, but because police departments are finding ways to get around it while achieving the same results. The conclusion is pretty bleak: So how well do Miranda?s safeguards fare overall? I believe that we have a Miranda rule that is [...
Racial breakdown of crime and conviction rates in CT
Posted on February 22, 2008The OLR has been doing some terrific work that I have been neglecting. One example is this report dated January 18, ‘08, titled essentially the same as the title of this post. Another is this report on the cost of incarceration broken down by correctional facility and the cost of a career criminal (answer: Northern [...
Pollitt neighbors want tax break
Posted on February 21, 2008Remember David Pollitt? (Previous posts here, here, here and here.) After trying to block his move into their neighborhood, and failing, residents are now trying to get their money back. Literally. They’ve asked the town to reduce the property tax assessment of their homes by as much as 17%...
The tortoise and the hare: CT?s jury selection in focus again
Posted on February 21, 2008Last year, some organization somewhere surveyed judges and lawyers from all states and determined that CT’s jury selection process took the longest: on average 10 hours for a criminal trial and 16 for civil. It then determined that S. Carolina had the fastest process: 30 minutes on average for criminal trials...
Danforth issued; states free to retroactively remedy violations
Posted on February 20, 2008SCOTUS issued its much-awaited (by me, atleast) decision in Danforth v. Minnesota [pdf] today, ruling 7-2 that Teague’s retroactivity prohibition applied to Federal courts on federal habeas corpus review. State courts are hence free to apply decisions articulating violations to cases on direct and/or collateral review...
Youngest lifer back in jail: (why) are(n?t) you surprised?
Posted on February 20, 2008Lionel Tate, sentenced to life without parole at age 14 is back in prison after pleading guilty to holding up a pizza delivery man. Tate was sentenced to life for an incident that occurred when he was 12, in which a 6 year old girl was killed. Tate alleged that she died as a result [...
The heat must be getting to them Georgians
Posted on February 20, 2008I mean…wtf? It’s not like they’ve got a criminal justice system meltdown on their hands or anything… SHARETHIS.addEntry( { title: "The heat must be getting to them Georgians", url: "http://apublicdefender.com/2008/02/20/the-heat-must-be-getting-to-them-georgians/" } );
Monday Morning Jumpstart: President?s Day Edition
Posted on February 18, 2008It has been rather busy here in Gideonland, but early this week I may finally be caught up with work and ready to resume my blogging duties. That doesn’t mean I haven’t been paying attention, though. These are stories that I read and I think are worth sharing...
Population explosion: Will we ever get beyond the quick-fix?
Posted on February 18, 2008The Danbury News-Times (and apparently the Conn Post too) has this fantastic piece about the state of Connecticut’s prisons (you know, it’s really strange to be reading these stories about CT, when just six months ago, I used to read similar pieces with frequency about other states...
Sunday Stupidity: Customer Service edition
Posted on February 17, 2008Sorry for the lack of posts here; things have been busy. Back to regular programming tomorrow. Until then, enjoy: http://www.youtube.com/watch?v=Ryas9OANw-E SHARETHIS.addEntry( { title: "Sunday Stupidity: Customer Service edition", url: "http://apublicdefender...
Swallowing the bitter pill
Posted on February 14, 2008Why is it so much more difficult for the State to accept that it lost? SHARETHIS.addEntry( { title: "Swallowing the bitter pill", url: "http://apublicdefender.com/2008/02/14/swallowing-the-bitter-pill/" } );
Silly wabbit, trials are for lawyers!
Posted on February 14, 2008I’ll spare you the “a person who represents himself has a fool for a lawyer” line, but someone probably should have told Daniel Riles that. After vowing to take on the legal community by himself (whatever that means), he proceeded to represent himself at trial...
Why kids lie (and they certainly do)
Posted on February 13, 2008This fantastic piece in New York Magazine explores studies analyzing the lies that children tell, the reasons behind them and the frequency with which they are offered. The results are interesting, but the reasons behind the lies are fascinating. It starts very young...
Degrees of kinship and same-sex incest? ARO 2/11/08
Posted on February 12, 2008The title of this post is flippant, but the case it refers to is rather interesting. In State v. John F.M., the Supreme Court reversed the Appellate Court’s reversal of a conviction. John F. M. was convicted of sexual assault in the third degree under the sex with a kindred person subsection...
Monday Morning Jumpstart: Evening edition
Posted on February 11, 2008Once again, the cold weather has sapped me of any desire to post early in the morning. So, for the second week in a row, I give you the evening edition of Monday morning jumpstart. Thanks for bearing with me. Starting at the very beginning, which is a very good place to start, Appellate Law and [...
Reader survey - who are you?
Posted on February 10, 2008As this blog has grown, I have asked you to indulge me at times by answering silly questions in polls. Here’s another one; albeit a little more important. The answers to this question might shape the direction this blog takes in the coming months and will definitely help inform me about what I should and [...
Just so you know
Posted on February 10, 2008The next comment will be the 2,000th legitimate comment on this blog. Thanks for making it fun for all of us! The winner gets nothing. Update: Thought you might like to know that this software has caught 20,242 spam comments. Imagine! Legitimate comments are 9% of the total comments I get...
Sunday stupidity: WTF edition
Posted on February 10, 2008What will they think of next? Scott, please don’t ask me what “WTF” stands for. http://www.youtube.com/watch?v=6huKJt5Id0Y SHARETHIS.addEntry( { title: "Sunday stupidity: WTF edition", url: "http://apublicdefender.com/2008/02/10/sunday-stupidity-wtf-edition/" } );
Ordering a pizza in 2020
Posted on February 10, 2008That’s the year 2020. I don’t know if it will become like this, but it’s fun to watch. SHARETHIS.addEntry( { title: "Ordering a pizza in 2020", url: "http://apublicdefender.com/2008/02/10/ordering-a-pizza-in-2020/" } );
Jury tampering in the digital age
Posted on February 08, 2008Gone are the days of goons showing up at your door or horse heads in your bed. This is the digital age, baby! Web 2.0! So, it should come as no surprise that jury tampering has also moved into the digital age. Meet Chandra Bozelko, who didn’t just ask a friend to go talk to a [...
A fallen comrade
Posted on February 08, 2008Via Bardd Before the Bar comes the very sad news that one of our own - Gregory H. Clark - was shot and killed outside his home, in what seems to be a “hit”. Attorney Gregory H. Clark, 61, was killed when he was gunned down while clearing his driveway on the northeast side of town [...
The runaway governor: truly scary justice ?reforms?
Posted on February 07, 2008I’m sorry, I have to say it. She’s freakin’ scary now. I think she’s lost it and I can almost picture her sitting in a darkened room, illuminated by frequent lightning, hair standing up, rubbing her hands together, eyes pointing in separate directions, cackling, laughing maniacally as she imagines these proposals...
And we?re back
Posted on February 07, 2008Well, I don’t know what happened here yesterday. Something about the server and some maintenance or something. Gobbledygook. Anyway, we’re back and running. Thanks for sticking with us. SHARETHIS.addEntry( { title: "And we’re back", url: "http://apublicdefender...
Our finest
Posted on February 05, 2008at their finest. Excuse me while I go throw up. Part One: http://www.youtube.com/watch?v=a1yUsYIk2EM Part Two: http://www.youtube.com/watch?v=iQ6Lsqmf9yM SHARETHIS.addEntry( { title: "Our finest", url: "http://apublicdefender.com/2008/02/05/our-finest/" } );
The forever persecuted
Posted on February 05, 2008A few days ago, I noticed a story in the Boston Globe about residents in a New Hampshire town who rejoiced after successfully getting a sex offender to leave their community. It was of particular interest to me because that sex offender was from Connecticut and the story said he would be returning here...
Crack House Due Process
Posted on February 04, 2008Don’t say you weren’t on notice… My personal favorite is rule #9, which is blank. How appropriate. Update: Fill in the blank contest! Come up with the funniest rule #9 and you get a present! Read the crack house rules here. “Mad props” to The Saucy Vixen...
Panel to recommend permanent sentencing commission
Posted on February 04, 2008A temporary sentencing task force created by the legislature may be set to recommend that it be made permanent. The panel will release its findings and recommendations later this month. One thing it will not do, however, is recommend sentencing guidelines (thank God)...
Monday evening wind-down
Posted on February 04, 2008Yeah, not particularly clever, but here are some stories for you to read as you power down this Monday evening: We lost two stellar blogs this past week or so: Corrections Sentencing closed up shop and Audacity called it quits. Thank you both for everything...
If you haven?t already
Posted on February 03, 2008seen the Sarah Silverman/Matt Damon video, here it is (warning: bleeped out cursewords and talk of sex): http://www.youtube.com/watch?v=4KUowJzpgxs I don’t like her or Jimmy Kimmel at all, but that was pretty funny, mostly because of Matt Damon...
Posting will be slow
Posted on February 03, 2008At least until mid-week. Rather busy here in Gideon-land, so I apologize. I’ll still try to have the jumpstart up tomorrow. SHARETHIS.addEntry( { title: "Posting will be slow", url: "http://apublicdefender.com/2008/02/03/posting-will-be-slow/" } );
I know what you?ve been convicted of
Posted on February 02, 2008Now, thanks to the Judiciary, so can everyone else. As promised by Representative Mike Lawlor months ago, the criminal disposition database is now online. You can search by last name and birth year, courthouse, docket number. This covers criminal and motor vehicle cases...
Superficial analysis of CT Supreme Court decisions
Posted on February 02, 2008Yesterday, I complained to Miranda that it seems like every time the Appellate Court reverses a conviction, the Supreme Court reverses the Appellate Court. Since today is Saturday and I have nothing better to do, I decided to spend some time and determine whether that was indeed correct...
James Tillman loose ends tied up
Posted on January 31, 2008James Tillman, who was exonerated in 06-07 after serving 18 years in prison for a crime he didn’t commit, can look at this news story and see the face of the man who should have been in his place. Hartford police have obtained an arrest warrant for Duane Foster, 47, on charges of first-degree kidnapping...
Lazale Ashby gets death
Posted on January 31, 2008CT’s death row might have inmate number 10 very soon. A jury today recommended that Lazale Ashby receive the death penalty. Judge Espinosa will decide on Monday whether to formally enter the verdict of death. Interestingly, just two days ago, the jury said they were deadlocked...
Kentucky seems a bit confused
Posted on January 30, 2008Kentucky governor Steve Beshear’s proposed budget includes an increase in funding of $38.6million to pay for a new 816 bed facility to make room for the projected 6% increase in inmates over the coming years. In this age of overcriminalization and harsher penalties, it seems logical...
Three degrees of YOU?RE A PREDATOR!
Posted on January 29, 2008This has to be filed under the “what the f*ck is wrong with people today” category. It’s the digital age and more importantly, it is the social networking age. If you don’t have a MySpace or Facebook account, you’re nobody...
Santa groper gets off
Posted on January 29, 2008lightly and rightly so. She applied for Accelerated Rehabilitation and if she successfully completes it, this won’t result in a record. SHARETHIS.addEntry( { title: "Santa groper gets off", url: "http://apublicdefender.com/2008/01/29/santa-groper-gets-off/" } );
They muuuust?ve been high!?!! - ARO 1/28/08
Posted on January 28, 2008Lots of fun stuff from both courts today. Showing appropriate deference, I’ll start with the Supreme Court first. In State v. Kalphat, the new CJ authors an opinion affirming the conviction of Mr. Kalphat (who was represented by the blawgosphere’s own Norm Pattis)...
Monday Morning Jumpstart
Posted on January 28, 2008After a one-week hiatus, the Jumpstart is back to charge your batteries. My post on passwords and the 5th Amendment engaged both Bennett and Greenfield and there’s an interesting and lively discussion going on. ConcurringOpinions reminds us what not to do in court...
Sunday Stupidity: Trigger Happy edition
Posted on January 27, 2008Nothing’s caught my fancy yet today, so I give you a compilation of clips from one of my favorite shows: Trigger Happy TV. http://www.youtube.com/watch?v=nf8JtqAMZZk SHARETHIS.addEntry( { title: "Sunday Stupidity: Trigger Happy edition", url: "http://apublicdefender...
Theme song
Posted on January 27, 2008If lawyers had intro songs as they entered a courtroom or walked around the well, this would be mine: http://www.youtube.com/watch?v=rL9ihXiFAko What about you? SHARETHIS.addEntry( { title: "Theme song", url: "http://apublicdefender.com/2008/01/27/theme-song/" } );
In which Gideon answers your questions
Posted on January 27, 2008I get some reader mail now and then and it’s usually about someone’s family member in jail or some conspiracy theory. Which is fine. But then I get the “are you really a lawyer?” “Have you tried any cases?” “Did you even attend law school?” Since it’s a Sunday and I’m tired of scouring the web [...
Logging in to the 5th
Posted on January 25, 2008The 5th Amendment’s protection against self-incrimination certainly has been a hot topic in the blawgosphere. I’m going to bring it into the tech age, with this story about a man invoking the privilege and not giving up the password to his super-encrypted hard drive...
Parole ban may be lifted soon
Posted on January 25, 2008Now that stricter home invasion laws have been enacted, Governor Rell indicated at a press conference today that she will be considering whether to lift the parole ban this weekend. This will certainly be good news for a correctional system that is barely hanging on by a thread and is bursting at the seams (hah! [...
This month at the Supreme Court
Posted on January 23, 2008Starting…well…today, I am introducing a new feature for my CT friends who are too busy to follow the latest goings on in criminal law in the State. This Month at the Supreme Court! (trademark pending) will summarize the criminal cases scheduled for oral argument with a date and time, if you’re so inclined...
The superduperawesome megacriminaljusticereform bill
Posted on January 22, 2008is here. I’m going to go join the legislators and stick my head in the sand. (From CTLP) Update: It seems that a “three-strikes” provision has been defeated. Second Update: Home invasion is now a crime, not requiring proof of knowledge of persons present; three-strikes is not on the books...
Why justice has nothing to do with a conviction
Posted on January 21, 2008Data recently released by the GHSSS* shows that 60% of you would choose to plead guilty to an offense you did not commit if you could avoid jail time. This past week, a special prosecutor recommended that Tim Masters be released, after DNA exonerated him of the crime for which he’d been in jail for 9 [...
Special session to start tomorrow
Posted on January 21, 2008The legislature’s special session is set for tomorrow, when they will debate reforms to the “horribly broken” criminal justice system. Earlier in the week, reports stated that both parties had agreed on almost all the reforms. Not true, it seems...
Monday Morning Jumpstart: MLK Day Edition
Posted on January 21, 2008In honor of MLK Day and the fact that our sister blog is hosting Blawg Review today, there will be no Monday Morning Jumpstart. Instead, please go check out Blawg Review #143. It’s got videos and pictures. SHARETHIS.addEntry( { title: "Monday Morning Jumpstart: MLK Day Edition", url: "http://apublicdefender...
Sunday Stupidity: Belly Dancing edition
Posted on January 20, 2008I mean, really? http://www.youtube.com/watch?v=l7fzXSxmA9I SHARETHIS.addEntry( { title: "Sunday Stupidity: Belly Dancing edition", url: "http://apublicdefender.com/2008/01/20/sunday-stupidity-belly-dancing-edition/" } );
Blawg Review #143-upcoming
Posted on January 18, 2008Just wanted to give you guys a heads up that the other blog that I run - Public Defender Stuff - will be hosting Blawg Review for the second time. PD Stuff hosted Blawg Review a year ago, also on MLK day. This year we once again received the honor of hosting it on MLK [...
Blawgosphere pay attention: AT & T might have lost its mind
Posted on January 17, 2008I try very hard to keep this blog focused on criminal law issues. Sometimes, however, I see something that just blows my mind. AT & T is considering filtering internet content. Odd, in light of the fact that Comcast might just get hit bigtime. For more on net neutrality (including: “What is it?”) go here...
Who needs merit when you?re in habeas
Posted on January 17, 2008As has been pointed out to me by several readers, I missed a troubling portion of an opinion earlier this week when I recapped the latest Appellate Court opinions. In Kaddah v. Comm’r, which I summarily dismissed, I ignored habeas counsel’s shocking admission that he intentionally pled a meritless claim just to please his client...
Banned words trial no more
Posted on January 17, 2008Bringing a case that drew national attention to an end, the prosecutor in the “banned words” trial decided not to try the defendant for a third time. This is the case where the judge banned the use of the words “rape”, “sexual assault” and “victim” (rightly so, in my opinion) and in which the accused later [...
Enjoy it while it lasts
Posted on January 16, 2008I would be remiss not to congratulate our very own Miranda for a well-deserved victory this past week. Congratulations! That’s one public defender I’d be proud to have representing me. Okay, don’t let it get to your head. Get back to work! SHARETHIS...
Keeping abreast of developments in the law
Posted on January 16, 2008Show of hands - how many of you regularly read the latest opinions issued by your appellate and supreme courts? That’s what I thought. I try to. Back when I hadn’t discovered that they were available on the website, I’d pass on the paper versions...
When an arrest is illegal, but yet lawful and the search? Wow.
Posted on January 14, 2008Earlier today, I was perusing the transcript of oral argument in the Supreme Court in the matter of Virginia v. Moore. Mr. Moore’s case was argued by Tom Goldstein, of SCOTUSblog. I’ll let his co-blogger give you the skinny: If the hearing had been confined to the two core arguments of opposing counsel, the discussion would [...
Oh the irony - Appellate Court ARO 1/14/08
Posted on January 14, 2008On the heels of my post last week about hazardous duty pay comes this decision from the Appellate Court today. In State v. Damato, the Appellate Court affirmed convictions for attempted assault and murder of a prosecutor. The State alleged that the defendant sought to hire someone to hurt a prosecutor who he felt was [...
Never enough
Posted on January 14, 2008You just can’t please everyone. Especially when everyone you have to please are clients in this profession. Donzell relates: At Calendar Call, the State offered to dismissed the Aggravated Assault charge, to recommend that my client get ten years on probation with all those special conditions, including intensive probation supervision for six months, and have him [...
Sunday stupidity: Monday edition
Posted on January 14, 2008A man rides a lawnmower; hilarity ensues.. http://www.youtube.com/watch?v=RNPxIibhcKY SHARETHIS.addEntry( { title: "Sunday stupidity: Monday edition", url: "http://apublicdefender.com/2008/01/14/sunday-stupidity-monday-edition/" } );
Monday morning jumpstart
Posted on January 14, 2008Snow, snow, snow. A jumpstart might just be needed today. Let’s start it off with something to think about: Skelly wonders about this article which asks whether we can continue to trial despite investigation revealing the guilt of the client. Concurring Opinions has this post on Seinfeld’s legal troubles and the law and language...
Prosecutors want hazardous duty pay?
Posted on January 11, 2008A couple of years ago prosecutors in the State floated a bill asking for hazardous pay. They claimed that defendants threatened and stalked them. I remember the public defender’s office submitting testimony to the legislature saying, essentially, “you think your job is hazardous?”, and providing several examples of public defender employees being the subject of [...
If only I had a public defender - Appellate Court ARO 1/9/08
Posted on January 09, 2008Four decisions from the appellate court today and all four on crim law. Two good, two pretty bad. In State v. Gupta, the defendant claimed that the trial court incorrectly joined charges involving three separate defendants for trial. Gupta was a pulmonologist who was charged with inappropriately touching the breasts of two patients and going much [...
Gov?s task force gets 2 out of 3 right
Posted on January 09, 2008After yesterday’s press release by the Guv, apparently outlining her own proposals for criminal justice reform, the task force she appointed to make recommendations released theirs. Initial recommendations from Gov. M. Jodi Rell’s task force on changing the parole system did not include a ?three strikes? law for automatic life sentences, but focused instead on programs [...
Woman sues drug dealer and wins
Posted on January 08, 2008Here’s a reason for the legalization folks: lawsuits! A woman in Canada successfully sued her drug dealer for giving her bad crystal meth that landed her in a coma. “It was frustrating not having anything done through the criminal system,” said Sandy Bergen, 23, who has been drug- and alcohol-free since the 2004 incident...
Criminal justice reform wheels start turning again
Posted on January 08, 2008If it’s January, it must be time to get ready for the special session of the legislature. The only focus, as everyone probably knows, is how to fix the state’s criminal justice system which is so horribly broken. I mean, it’s in tatters...
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