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Criminal Law

Law Of Criminal Defense

News, information, ethics opinions and analysis relating to criminal defense, legal ethics and professional responsibility.
By John Wesley Hall, Jr.

Post Frequency: 11.2/day

Last Entry: March 25, 2011 at 18:32:28

CA9: False statement in a motion to vacate makes court doubt CA AG's veracity

Posted on December 25, 2009
In a civil case, changing positions in an appeal in a motion to vacate an opinion causes the Ninth Circuit to state that it doubts the veracity of the Attorney General of California. Not only has the Director now taken the exact opposite position regarding mootness, he has feigned ignorance of precisely the facts described in the above footnote...

Funding MI PDs and the Constitution

Posted on December 24, 2009
Law.com: Michigan Faces Constitutional Case Over Cash-Strapped Public Defenders by Tresa Baldas: Are Michigan's public defenders improperly pushing the poor into copping pleas? The Michigan Supreme Court will consider that question this spring when it hears a case challenging how publicly appointed lawyers represent poor criminal defendants...

More on Maricopa Co's assault on an independent judiciary

Posted on December 23, 2009
On ABAJournal.com: Hundreds of Lawyers Rally to Protest Ariz. Sheriff’s Battle Against Judiciary, recounting the December 21st gathering in Maricopa County AZ protesting the open assault on an independent judiciary: Lawyers made speeches and, in something akin to a “Kumbaya” moment, recited their lawyer oath made upon admission to the state bar, the Phoenix New Times reports...

Snitch in Shelnutt gets double time

Posted on December 21, 2009
On Law.com today: Judge Blasts U.S. Attorneys' Pursuit of High-Profile Defense Lawyer by R. Robin McDonald. The first three paragraphs: A federal judge in Columbus, Ga., has slammed federal prosecutors for making "sweetheart plea deals" with drug dealers to further their "relentless pursuit" of a criminal defense attorney whose trial ended last month when a jury acquitted him of drug conspiracy, attempted bribery and money laundering charges...

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New law review article on "Legal Ethics in International Criminal Defense"

Posted on December 21, 2009
Jenia Iontcheva Turner, Legal Ethics in International Criminal Defense, on SSRN, forthcoming in the Chicago Journal of International Law, Winter 2010. The Abstract: This paper examines the new and complex dilemmas facing defense attorneys who represent clients before international criminal courts...

"born to do our unpleasant jobs for us"

Posted on December 17, 2009
Harper Lee, To Kill a Mockingbird, ch. 22, p. 197 (1960): "I simply want to tell you that there are some men in this world who were born to do our unpleasant jobs for us. Your father is one of them." This is to Jem, and she was talking about being a lawyer when she grows up.

AZ: Loss of physical evidence in a homicide case warranted censure

Posted on December 13, 2009
A lawyer who took possession of a bloody shirt in a homicide investigation that had the victim's blood on it and lost it was censured in Arizona. In disclosing and cooperating with the DA in the loss of the evidence, he violated privilege. In re Wolitsky, 09-0197 (Ariz...

Simels in NYT today

Posted on December 12, 2009
A fascinating, albeit too short, look, at the legal career of Robert Simels in today's NYTimes by Kareen Fahim: A Legal Bulldog’s Journey, From Prosecutor to Prosecuted.

AZ: Taking appointed cases after suspension for nonpayment of dues warrants four year suspension

Posted on December 11, 2009
A criminal defense lawyer who took appointments after being notified that her license was suspended for nonpayment of bar dues was suspended for four years by Arizona. She also defaulted the disciplinary proceeding by failing to participate. Hat tip to Legal Profession Blog.

SCOTUS: "Disclosure orders adverse to the attorney-client privilege do not qualify for immediate appeal under the collateral order doctrine."

Posted on December 08, 2009
"Disclosure orders adverse to the attorney-client privilege do not qualify for immediate appeal under the collateral order doctrine." Mohawk Industries, Inc. v. Carpenter, 08–678 (December 8, 2009). This is Justice Sotomayor's first opinion on the Supreme Court.

Don't mail ethics disclosure forms to avoid mail fraud?

Posted on December 08, 2009
On ABAJournal.com is this: Lawyer Told Now-Convicted Former Lawmaker Joseph Bruno to Avoid Fraud Charges by Avoiding Mail. In the Joseph Bruno case in Albany NY, the state ethics counsel testified he gave that advice. [posted 12/8]

Simels gets 14 years for conspiracy to tamper with witnesses

Posted on December 05, 2009
Criminal defense lawyer Robert Simels of NYC gets 14 years for conspiracy to harm witnesses. Remarkably, the judge dismissed the case against his associate. She was also convicted by the jury. See NYTimes, NY Daily News, Bloomberg.com. The Times is poignant: Countless times in his 35 years as a lawyer, Robert M...

Ben Kuehne is having an Appreciation Reception 12/10

Posted on December 05, 2009
I got this invitation today, with a request to post for all criminal defense lawyers: BENEDICT P. KUEHNE In Grateful Appreciation of the Overwhelming Community Support of his Innocence Invites the Community to his APPRECIATION RECEPTION On the Occasion of his Vindication Sky lobby Bank of America tower 100 S...

MI: Sex for fees gets 180 day suspension

Posted on December 03, 2009
A Michigan criminal defense lawyer also having a domestic practice was suspended for 180 days after being found guilty of trading sex for fees. In re Hertzog (Nov. 23, 2009). Witnesses testified he referred to the payment scheme as his "couch of restitution...

Maricopa Co. detention officer reported to jail

Posted on December 03, 2009
The Maricopa Co. courthouse security deputy held in contempt reported to jail Wednesday. That article links others that cohorts showed up for support.

CA: Facts in an opinion letter also protected by attorney-client privilege

Posted on December 02, 2009
On Law.com, the California Supreme Court held Monday that the facts as well as the opinion in an attorney opinion letter are protected by the attorney-client privilege. Costco Wholesale Corp. v. Superior Court, S163335 (November 30, 2009).

Criminal defense lawyer pleads to disorderly instead of felony assault for courthouse "skirmish"

Posted on December 02, 2009
A criminal defense lawyer from NY in Washington D.C. was permitted to plead to disorderly conduct and two felony assault charges were dismissed, the result of a skirmish outside federal court in Washington. Hat tip to Blog of the Legal Times.

Maricopa Co. detention officer ordered to jail for not apologizing

Posted on December 01, 2009
And so it goes: MCSO officer who took lawyer's paperwork ordered to jail, with video link. My prior post on the rifling of the attorney's file in the courtroom, allegedly based on jail security, is here. I wonder if he will end up in Sheriff Joe's pink outfits?

AFPD murdered in Portland OR

Posted on November 30, 2009
An Assistant Federal Public Defender in Portland OR, Nancy Bergeson, was found murdered in her home last week. Because she is a federal employee, the FBI is investigating. Michael Levine, former AFPD in Portland, posted on the NACDL List Serv that she was fearless in representing her clients...

Tiger Woods hires a criminal defense lawyer

Posted on November 29, 2009
Tiger Woods lawyers up, on DUIAttorney.com. Every public figure should have one of us on retainer.

Kuehne indictment dismissed by government

Posted on November 26, 2009
In Miami, Feds drop money-laundering case against Miami lawyer Ben Kuehne.

Bergrin murder indictment superseded in NJ

Posted on November 25, 2009
Criminal defense lawyer Paul Bergrin has had is indictment superseded in his murder and drug case. See Former Prosecutor Pleads Not Guilty to Expanded Criminal-Syndicate Charges.

NLJ: "Do Defendants Get Enough Warning About a Guilty Plea's Consequences?"

Posted on November 23, 2009
Tony Mauro today in the National Law Journal: Do Defendants Get Enough Warning About a Guilty Plea's Consequences?

Lawyer not in contempt for refusing to testify that defendant failed to appear

Posted on September 30, 2009
On ABAJournal.com is this today: Contempt Charge Dropped Against Lawyer Who Refused to Testify Against Client over the client's failure to appear. The court held the information was privileged. All courts have held that that I am aware of.

Keiffer indicted in Colorado for conducting trial there

Posted on September 29, 2009
Howard Keiffer has been indicted in Colorado, too: Grand jury again indicts ex-con who posed as Aspen lawyer: A fake lawyer already serving 51 months in prison was indicted again by a federal grand jury in Denver for pretending to be an attorney during a Colorado murder-for-hire trial...

SC: IAC claim was complete waiver of A-C privilege

Posted on September 27, 2009
IAC claim by statute was a complete waiver of attorney-client privilege. Trial capital defense counsel provided the prosecution access to the entire defense file. When the client sought disqualification of defense counsel for his misconduct, the court found a complete waiver of the attorney-client privilege...

"Lawyer cuffed; defendant sentenced"

Posted on September 26, 2009
A criminal defense lawyer was handcuffed at the direction of the judge for talking over the judge. The handcuffs were removed later and the lawyer left the courtroom not in custody. Lawyer cuffed; defendant sentenced on PhillyBurbs.com.

PA lawyer convicted of stealing money from a drug dealer

Posted on September 25, 2009
The Legal Profession Blog has a post about a lawyer convicted of stealing $20,000 from a drug dealer client filing a motion for new trial based on Internet postings by one of the jurors reflecting bias. The post references a news article not linked, but here, from September 9th, Judge finds no wrongdoing by jury, because the internet post was from an alternate who did not deliberate: No juror acted improperly during the trial of disgraced attorney Daniel L...

Former Asst. PD convicted of sex with client as "official misconduct"

Posted on September 24, 2009
A former Assistant Public Defender was convicted of a misdemeanor offense of official misconduct for allegedly stating that he would work harder on his client's case if she had sex with him. See TimesUnion.com's Lawyer guilty of sex with client. His lawyer objected to a tape as evidence because it was of poor quality...

"DC. Court of Appeals Says Upfront Fees Don't Belong to Lawyer"

Posted on September 24, 2009
On the Blog of Legal Times, D.C. Court of Appeals Says Upfront Fees Don't Belong to Lawyer, involving the case of In re Mance, 06-BG-890 (D.C. September 24, 2009). Important case following In re Sather from Colorado: We begin our analysis by describing the nature of a flat fee...

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