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Criminal Law
Arbitrary and Capricious 

"To live outside the law you must be honest:" Criminal defense and lawyer foibles from a public defender out West.
Post Frequency: 2.5/day Last Entry: August 01, 2009 at 03:59:00 Recent Entries: 538
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Square peg? Come work with us!
Posted on April 26, 2008Look Like a Lawyer suggests:If you have pink hair, dreadlocks or tattoos and want to be a lawyer, then working for a Public Defender?s office might be the job for you...
Deal or no deal
Posted on April 25, 2008From Iowa Champion:Where's my deal?(I)f you haven't heard a defendant or someone from their family complain about a plea offer in one of your cases, you can count the days you've practiced law on your fingers... There are certain things about plea bargaining that everyone charged with a crime (or their family) should know:1) There is no constitutional right to a plea offer...
Building a viable p.d. community in China
Posted on April 24, 2008Here's an update from the International Bridges to Justice blog -Criminal law classes, terracotta warriors, and visions of the future in China- on the IBJ China defender program.
ID: sounds like Duncan's a volunteer
Posted on April 23, 2008In several recent posts on the Spokesman-Review's "Eye on Boise" blog, reporter Betsy Russell has foreshadowed where admitted murderer Joseph Duncan is heading with his request to represent himself in his federal death penalty phase:A glimpse into Duncan's 'ideology'(D)efense attorneys made a passing reference to ?his decision to decline to put on any mitigating evidence...
WA: no juvenile left behind
Posted on April 22, 2008Not here we don't - I don't! From the Olympian:Don?t send kids to court alone(A) just-released report (pdf file) on the status of public defense in the state shows there are still major gaps in legal support for the poor. Most troubling is the finding that 17 counties never or only sometimes make public defense attorneys available to children and teenagers during their first appearance in juvenile court...
OR: "our clients (are) better off having come to us"
Posted on April 22, 2008From the Oregonian:Oregon public defender changed the system - Thirty-seven years ago, James Hennings started a movement in the interest of justice James Hennings thought he'd stay two years when he agreed to start one of the nation's first nonprofit law firms for people who were accused of crimes but couldn't afford an attorney...
ID: "not a fence-mender, not a pacifier, not a negotiator. He?s a warrior!"
Posted on April 21, 2008From the Idaho Statesman:9/11 trial will test Boise attorneys - Defense team members David Nevin and Scott McKay will be ?making sure the government plays by the rules? in the case of Khalid Sheikh MohammedAs Idaho?s most famous defense lawyer, David Nevin is no stranger to unpopular causes...
"Public Defender work is not for everyone"
Posted on April 20, 2008Two new posts by colleagues tonight, both deserving of wider notice:* Donzell, with 10 Reasons It Doesn?t Pay to be a Public Defender* Sancho on Defending Ourselves
Gideon's trumpet
Posted on April 20, 2008Rock star! Notoriety for our esteemed blogging colleague, from the Stamford Advocate:Call him 'Gideon:' - Public defender's blog causes stirWho is "Gideon?" That's a question mystifying criminal attorneys in Connecticut as the anonymous public defender's blog about legal issues gains readers in Connecticut and nationwide...
ID: pro se penalty phase for Duncan?
Posted on April 18, 2008From the AP:Killer of Idaho family wants to defend self in penalty phaseFrom the Spokesman-Review:Duncan wants to act as own lawyer - Court continues to vet prospective jurorsJoseph Duncan wants to act as his own attorney in his death penalty hearings, his lawyers told the court Wednesday...
ID: "I was hoping for something a bit more fun. and made of whiskey"
Posted on April 18, 2008Congratulations to Sarah for passing the Idaho bar, and thanks for this observation:I am knee deep in my first official trial on appeal, and the trial lawyer (for the defendant) decides that it would be a good plan to call his client (now our client) a "maniac" during opening statements...
ID: Duncan DP - penalty phase delayed
Posted on April 18, 2008From the Idaho Statesman:Joseph Duncan says attorneys can't ethically represent himA federal judge wants to have confessed killer Joseph Duncan III undergo a mental evaluation before deciding whether he can represent himself in his death penalty sentencing hearing...
KY: top public defender calling it quits
Posted on April 17, 2008From Kentucky.com:Public advocate Lewis to retirePublic advocate Ernie Lewis plans to retire Sept. 1, leaving behind a department that he says ?will be significantly under funded? because of recent budget cuts. The Department of Public Advocacy announced Lewis? retirement on Wednesday...
"Juvenile justice and American media"
Posted on April 16, 2008Fun fact from Burel Barer at In Cold Blog:Juvenile crime in America has dropped approximately 40% since 1994, yet two-thirds of Americans believe that juvenile crime is rising...
ID: federal penalty phase for Groene murderer
Posted on April 15, 2008From the AP, via the Seattle Times:Duncan death-penalty hearing nearsHis guilt is beyond question, his crimes beyond comprehension. The issue for the jury will be whether Joseph Edward Duncan III deserves to die...Some 350 jury candidates are expected to show up at a convention center in downtown Boise...
WA: catching up with indigent defense
Posted on April 14, 2008Back in Gray Sky Country now. On Friday we were at Doheny Beach (home of Surfer Joe), while in Olympia the Office of Public Defense was releasing its big report on the state of Washington State public defense (pdf here).From the Olympian:Gaps found in legal defenseA new report shows state funding is helping some counties make sure poorer people accused of crimes get fairly defended in court, but there still are glaring gaps in the legal system...
Saludos de la frontera
Posted on April 11, 2008Spent part of the day hoping the boy might learn gently what Benito Juárez taught,Respect for the rights of others is peace.(that, and introducing him to the homeland of paletas and licuados)
CA: San Diego serenade
Posted on April 07, 2008Heading to the land of surf and sand in the morning. This headline from the San Diego Union-Tribune:A change of custody - Young criminals, no longer wards of the state, soon will be remanded to their home counties for incarcerationUnder a new California law, hundreds of young criminals who once were the state's responsibility will now be locked up or supervised in their home counties ? and San Diego is among the many counties not yet prepared for the transition...
ID: this is the song that never ends
Posted on April 05, 2008From the Times-News:Discovery Channel revisits Johnson murder caseDiscovery Channel crews have launched a week of filming for the storied Sarah Johnson murder case. The uncommon trial of a girl charged with shooting her parents already has been highlighted in an unending stream of national media coverage...
In defense of the defenders
Posted on April 04, 2008From The Defense Perspective:Race Is Not The ProblemThe main problem, of course, lies with the lawyer's work ethic... not the race of the accused. When lawyers simply want to turn the case for their paltry fee the system suffers. As long as defense lawyers continue to use financial disincentives...
OR: one toke over the line, sweet p.d.
Posted on April 03, 2008From the Medford Mail Tribune, if only for the headline alone:Pot-possessing public defender back to work after suspension - Justin Rosas pleaded guilty to a possession charge in Kentucky and was given a suspended sentenceA Jackson County public defender is back at work after pleading guilty to marijuana possession in a Kentucky courthouse...
AZ: chief p.d. killed by reckless driver
Posted on April 02, 2008Horrible news from the Tucson Citizen:Robert Hooker, county public defender, killed in car crashPima County Public Defender Robert Hooker died Tuesday evening after being hit head-on by a pickup truck involved in a race on a West Side road, a Tucson police spokesman said...
ID: "second-class justice"
Posted on April 01, 2008From the Times-News editorial board:The quality of justice isn't the same across IdahoIf you're charged with a crime and can't afford a lawyer, the county will pay one to defend you. Trouble is, Twin Falls County public defenders handle nine times more cases than their counterparts in Blaine County - who also earn more money...
NV: "sexually exploited youth court"
Posted on March 31, 2008From the Las Vegas Review-Journal: Teen prostitutes have friend - Judge working to find ways to keep girls out of detention, off streets Judge William Voy's first defendant of the day is a baby-faced girl who has just turned 13. She also just violated probation on prostitution charges...
Sweet Mary
Posted on March 28, 2008Today the kids from Juvenile Drug Court took a field trip to Adult Drug Court.To mark the occasion, please enjoy (if that's the right word) this Lawrence Welk Show version of "One Toke Over the Line."
Be all that you can be
Posted on March 27, 2008From the Foreign Policy Association job board:Defense Advisor - AfghanistanNCSC International, the International Programs Division of the National Center for State Courts, is seeking a Defense Advisor for an existing justice sector reform activity in Afghanistan...
ID: ?cells alone are not the answer?
Posted on March 27, 2008Well, good for the Idaho state senate (something I've never imagined myself saying), from New West:Idaho Senate Overrides Gov?s Veto of Drug Treatment FundingAn impressive vote of 30- 5... provided the supermajority needed for the Idaho Senate to override a gubernatorial veto of a bill providing funding for drug rehabilitation...
ID: second chance for teen-age murderer?
Posted on March 27, 2008From the Times-News:Supreme Court to hear Johnson appeal - Bellevue convict claims '05 trial denied rightsDespite her attorney taking a vacation when he was supposed to appeal her two-count murder conviction, and despite not knowing which crime she was convicted of in the murder of her parents, Sarah Johnson - who faces two fixed life sentences - still has hope...
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