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Law Of Criminal Defense 

News, information, ethics opinions and analysis relating to criminal defense, legal ethics and professional responsibility.
Post Frequency: 11.2/day Last Entry: March 25, 2011 at 18:32:28 Recent Entries: 682
By John Wesley Hall, Jr.
Go to Law Of Criminal Defense, find other Criminal Law blogs, or browse all law blogs.
Lawyer no true billed in barratry case
Posted on March 19, 2010The Houston criminal defense lawyer accused of barratry for allegedly using a homeless man to pass out business cards at the criminal court building? Grand jury declines to indict lawyer in barratry case.
"The Best Prosecutor? Perhaps a Defense Attorney"
Posted on March 17, 2010On HuffPo: The Best Prosecutor? Perhaps a Defense Attorney about Manhattan DA Cyrus Vance's Conviction Integrity Unit.
Ever wonder about the source of your fees?
Posted on March 16, 2010Springs man allegedly started 2nd investment scam to pay lawyer in 1st scam. Well, only part: The Colorado grand jury has alleged that Hamilton Alan Bird, indicted in 2006 for bilking $7.5 million from hundreds of investors in the western United States, began a second scam in which he collected $690,000 from investors in seven states, including Colorado...
CA9: Failure to put on mental deficiency in penalty phase was IAC
Posted on March 14, 2010Defense counsel was ineffective for not putting on defendant's mental deficiencies in the penalty phase of his death penalty trial. Stanley v. Schriro, 2010 U.S. App. LEXIS 5175 (9th Cir. March 11, 2010): Stanley has a stronger argument regarding use of the Hammitt interview as mitigation evidence during the sentencing phase...
NJ suggested to re-examine rule against contingent fees in some criminal cases
Posted on March 13, 2010On the blog Otherwise, NJ Advisory Committee Suggests Supreme Court Re-examine Bar on Contingent Fees in Criminal Cases. It examines a disciplinary matter where a New Jersey attorney promised a fee reduction if he couldn't get a traffic citation reduced...
S.F. defense lawyer busted for interfering with client's arrest
Posted on March 11, 2010"S.F. defense attorney [was] busted for interfering with the arrest of a client on an existing warrant who was just released from custody because of crime lab misconduct. The lawyer took the client's wallet as the client was being hooked up. The cops asked for it back, and he refused...
MA: Defense counsel and a ADA sleeping together was not actual conflict in this case
Posted on March 10, 2010An intimate relationship between defense counsel and a prosecutor was not enough to establish an actual conflict. Commonwealth v. Stote, SJC-09582 (March 5, 2010): If the fact of the relationship in Croken, which was serious enough to lead to cohabitation (during the representation), was not sufficient standing alone to establish an actual conflict of interest, the relationship between Walsh and the ADA standing alone is similarly not sufficient...
Defending the unpopular--Liz Cheney-style
Posted on March 10, 2010Liz Cheney identifies Gitmo lawyers with clients, and even Sen. Lindsey Graham (R-SC) and Kenneth Starr came to their defense: "I've been a military lawyer for almost 30 years, I represented people as a defense attorney in the military that were charged with some pretty horrific acts, and I gave them my all," said Graham...
Lawyer acquitted of rape of client in office
Posted on March 10, 2010I read about this trial a few days ago; now the result: Lawyer Acquitted of Charge He Raped Would-Be Client; Defense Argued Consent, from ABAJ.com. The lawyer is already doing five years for taking cocaine for fees.
Suspect confesses to lawyer and helps police find bodies
Posted on March 10, 2010On ABAJ.com: Suspect Reportedly Confesses to Lawyer, Helps Police Find Bodies. Is this lawyer now a witness?
For forensic science junkies
Posted on March 10, 2010For you forensic science junkies: 50 Fascinating Documentaries for Forensics Science Junkies. [Hat tip to ForensicScienceTechnician.org.] Just as importantly, jurors watch these shows. Case in point: I was crossing a narc about my client's fingerprints not being on the bag of dope, and the cop said that they couldn't raise fingerprints from that so they didn't try...
$10,000 for a phone call
Posted on March 10, 2010$10,000 for a phone call a reasonable fee? Depends on the call. Reminds me of a story I heard, maybe in law school, about Clark Clifford, Secretary of Defense under President Johnson, who as a lawyer, listened to a client's tale of woe and quoted and received a $25,000 fee...
NJ defendant assaults lawyer in assault trial
Posted on March 04, 2010Assaulting your lawyer in court is never a good idea because the mistrial motion is almost always denied. Depending on how bad the lawyer is hurt, however, the case goes on.
MN lawyer goes to fed pen for meth possession
Posted on February 26, 2010A Minnesota lawyer was sentenced to five years fed time and goes on trial next week for allegedly raping a client. His downfall, he says? Drugs.
Another view of "How can you defend thoss people?"
Posted on February 26, 2010From the author of Public Defender Revolution: How can I defend someone I think is guilty? Patient: The constitution requires that a jury determine guilt, not I. Analogy: Do you ask doctors how they can treat people who are sick? Defiant: Because I have no soul...
New blog added: Public Defender Revolution
Posted on February 25, 2010A new website I stumbled upon today from Spokane WA: Public Defender Revolution, added to the sidebar. The author's comment's, and take them to heart: I fell in love with public defense when I stumbled into a defender office about 15 years ago. I still love the job, but know that it can eat you up...
New article on handling evidence of crime
Posted on February 25, 2010A new article on handling evidence of crime is Hot Potatoes: The Perplexing Problem of Evidence of Crime, by Evan A. Jenness of Santa Monica on the Los Angeles County Bar Association's webite.
FL: Rich man lawyers up after accident and officials get suspicious
Posted on February 22, 2010An interesting story from South Florida: A Texas millionaire gets in an accident in his Bentley with a man in a "used Hyundai Sonata" who died, and he lawyers up. And officials get suspicious. He hired Florida's best-known criminal defense lawyer to represent him, prompting many people around Palm Beach to jump to conclusions, inundating local newspaper stories with comments calling for his head...
Acquitted attorney says case was based on fabricated evidence
Posted on February 20, 2010Acquitted of Money Laundering, Attorney Says Case Relied on Fabricated Evidence / Attorney is suing the federal government for the more than $225,000 in fees he spent defending himself by R. Robin McDonald in the Fulton County Daily Report. He is suing under the Hyde Amendment.
CA: Brady violation, among other things, leads to suppension of former DA
Posted on February 18, 2010On Law.com: Calif. Bar Panel Upholds Ex-Prosecutor's Suspension. The suspension was for two violations of court orders and withholding exculpatory evidence.
VA: Lawyer expert witness disciplined for false testimony
Posted on February 18, 2010A lawyer expert witness was disciplined by the Virginia State Bar for false testimony. See LegalProfessionBlog: Lack Of Candor By Expert Draws Reprimand.
LA: Fixing ticket for private client gets part time city attorney disbarment
Posted on February 15, 2010A Louisiana criminal defense lawyer who was a part time city attorney and used his position to dismiss his clients ticket was ordered disbarred by the Louisiana Supreme Court. The lawyer was also convicted of felony malfeasance in office as a result. Hat tip to Legal Profession Blog.
Chicago criminal defense lawyer charged with mortgage fraud
Posted on February 13, 2010A "long time" criminal defense lawyer has been charged in Chicago with mortgage fraud. See Chicago Tribune.
E.D.N.Y.: Simels's associate's JNOV explained
Posted on February 10, 2010Arienne Irving, Robert Simels's associate and co-defendant, had her acquittal by the judge after verdict explained in an order filed yesterday, on Law.com: In Rationale for Acquitting Attorney, Judge Says Proof of Role in Witness Intimidation Fell Short: The judge found that although the evidence may have suggested that Irving was “present at various times while … criminal conduct was under way,” no rational juror could have concluded that the government proved beyond a reasonable doubt that Irving “had the knowledge and intent necessary to establish her participation” in the scheme between her boss, Robert Simels, and his client, Shaheed Khan, to tamper with witnesses...
Tell clients to "shut[] down your Facebook account"
Posted on February 10, 2010Criminal defense lawyer to client on ABAJ: "The first thing I tell them is, 'You are shutting down your Facebook account.'" Too often, social networking sites are monitored by police. And, we do it with the witnesses against us, don't we?
NPR: "20 Years of Defending Death Row Inmates"
Posted on February 09, 2010On NPR: 20 Years Of Defending Death Row Inmates, about David Dow of Texas (with audio).
SC criminal defense lawyer murdered
Posted on February 06, 2010On the ABAJ website: 2nd S.C. Lawyer is Killed in 2 Days; Was His Slaying Also Case-Related?. The first murder was apparently tied to a domestic case. This lawyer, Jack Swerling of Columbia, handled criminal cases and was 80 years old. The article notes that Swerling and his wife were tied up and robbed in a home invasion by a former client.
NC bar beef for sexting a client
Posted on February 06, 2010Sexual advances to a client, including sexting, gets a bar beef in NC, from the Legal Profession Blog.
Masturbatory gesture lawyer's contempt reduced
Posted on February 04, 2010Masturbatory gesture lawyer's contempt sentence reduced to 10 days.
Bail money as money laundering? Lawyer accused
Posted on February 04, 2010In the Boston Globe today: Lawyer accused of laundering drug money to arrange for client's bail: Federal prosecutors say that a Massachusetts criminal lawyer and another man laundered $1.7 million in drug money over a four-year period to help defendants make bail...
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Will my Criminal Record prevent me from naturalizing or getting a Green Card?
A Lawful Permanent Resident can apply for United States citizenship after 5 year...
I have been disabled for over 25 years. Last Nov. I had endoscopic brain surgery. It was not successful and had to be followed up by a major craniotomy. My huaband and I had not been contemplating divorce but after the 2
You need a Mass. divorce lawyer. If you can't afford one, Massachusetts leg...
Why is there a warrant?
A lot of times the comunication betwen departments is suverly lacking and the co...
My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
Is it legal for me to tell a guy I am on the Pill so that I can get pregnant and get child support out of him?
Get real - you can't win by lieing. Child support is NOT for you it's ...








