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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

Missing federal trial because of scheduling conflict results in 3 days in jail

Posted on August 05, 2009
A KC lawyer was sentenced to three days for contempt in federal court for missing a federal standby counsel gig when he was double booked in state court in a murder trial. The federal client was to have pled guilty and didn't, resulting in the scheduling conflict...

Chron.com: Stanford can't get a lawyer paid

Posted on August 04, 2009
Houston Chronicle tonight: Lawyers balk at representing Stanford / They want guarantees the fallen financier will pay them. The government has all the money, thereby rendering Stanford a pauper.

ABAJ: "Facebooking Judge Catches Lawyer in Lie, Sees Ethical Breaches"

Posted on August 04, 2009
Facebooking about the judge, your opponent, your client? They may be watching. See ABAJournal.com: Facebooking Judge Catches Lawyer in Lie, Sees Ethical Breaches: [Judge] Criss recalled one time that a lawyer asked for a continuance because of the death of her father...

NYC: Government contends criminal defense lawyer conspired to bribe witnesses

Posted on August 01, 2009
NYC criminal defense lawyer on trial in Brooklyn for allegedly plotting to bribe witnesses in a "win at all costs" defense. His defense: it was a sting because witnesses were seeking bribes. The story of the arrest is here.

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CNBC: "Stanford Lawyer Quits over Cash"

Posted on August 01, 2009
CNBC: Dick DeGuerin released as Sanford's lawyer because the government won't release any money for defense. Accused fraudster Allen Stanford once claimed a net worth of more than $2 billion. But with all of his assets frozen by a federal judge, he has no funds to pay his high-powered criminal defense lawyer, Dick DeGuerin of Houston...

GA: Contempt for facial expression reversed

Posted on July 24, 2009
From the Fulton County Daily Report: Panel Tosses Contempt Sentence Against Lawyer for 'Sarcastic' Expression. The FCDR report is interesting, and the comments under the ABAJournal post are worth a read, too.

KY adopts new ethics rule eff. July 15

Posted on July 23, 2009
Kentucky has overhauled its ethics rules effective July 15th.

Some days are just too good

Posted on July 22, 2009
Actual piece of testimony: State of Arkansas v. Richard A. "Jake" Fisher, Arkansas County CR2008-240, Jury trial July 21, 2009: State's witness number 4, Dr. Hershel N. Pollard, Jr., D.Psy., qualified as an expert witness Direct Examination, continuing, reading from his notes of his therapy session with J...

Criminal defense lawyer as snitch? U.S. v. Shelnutt

Posted on July 18, 2009
In the bizarre case of U.S. v. Shelnutt, the feds enlisted one criminal defense lawyer to get information against another. See Law.com today: Judge: Prosecutor's Lie Will Not Derail Indictment Against Defense Attorney: A federal money-laundering case against a Columbus, Ga...

American Cop Magazine: "In Defense of Defense Attorneys"

Posted on July 16, 2009
In interesting take from a prosecutor, explaining to police officers why defense lawyers are necessary: Jeremy D. Clough, In Defense of Defense Attorneys: Why we have them, Why we need them, in American Cop Magazine at 50-51, 63-64 (Mar/Apr 2009).

PA: Legal advice while under CLE suspension gets further suspension

Posted on July 16, 2009
A lawyer "inactive" for not satisfying his CLE obligation who gave legal advice is suspended for six months by Pennsylvania. Office of Disciplinary Counsel v. Moore, 1486 Disciplinary Docket No. 3 (July 13, 2009).

Philadelphia lawyer arrested for attempting to smuggle heroin into jail

Posted on July 15, 2009
A Philadelphia lawyer has been arrested for attempting to smuggle heroin into the Delaware County jail. Lawyer accused of trying to smuggle drugs into jail: A routine ion scan, used to detect controlled substances, was performed on Sommovilla by a guard using a wand...

Jail for barred voir dire question?

Posted on July 15, 2009
A lawyer in a patent infringement case risks jail for asking a prohibited question during voir dire, which he defended after the fact rather lamely. A mistrial was granted, and, in the new trial, the defense will get extra time for voir dire and two more peremptories.

CA6: Seven year suspension in USDC for contempt affirmed

Posted on July 10, 2009
Herb Moncier's contempt in the Eastern District of Tennessee has been upheld on the facts and law, but the case was remanded for disposition before a different district judge. United States v. Moncier, 07-6053 (6th Cir. July 8, 2009). It was argued that the lawyer had a duty to interject into a colloquy between the defendant and the court over a conflict of interest when the lawyer stated that the court should inquire of the client: To all of which there is a simple answer: There is no right of revolution in a United States District Court...

Confidentiality and client suicide

Posted on July 08, 2009
On Legal Ethics Forum: Confidentiality and client suicide.

ICTR defense investigator imprisoned for contempt for violating protective measures for witnesses

Posted on July 06, 2009
An ICTR defense investigator was sentenced to 10 months for contempt for violation court ordered protective measures for witnesses.

NJ: Defense counsel has right to access child porn evidence in case without using the government's computers

Posted on July 03, 2009
New Jersey has held that defense counsel has a right of access to child pornography, under strict controls, to evaluate it in child porn case. See AP: Ex-NJ lawmaker's lawyer can access child porn pics: Prosecutors objected to letting Cohen's team have control of the photos, claiming that releasing them could further victimize the children and create a risk that the images could be further disseminated...

PA case fixing case nets lawyer guilty plea

Posted on July 03, 2009
Lawyer pleads guilty in Pennsylvania case alleging fixing of cases. See ABAJournal.com: Disgraced Pa. Judge: I Didn’t Discuss $3.5M Libel Case.

NY conviction set aside by trial judge bacause defense counsel slept during trial

Posted on June 25, 2009
From ABAJournal.com is the report of a conviction set aside because defense counsel slept and read magazines during the client's trial. See After Judge Finds Lawyer Slept During Trial, He Tosses Weapons Conviction: A New York criminal defense lawyer who's taken more than 600 cases to trial is on the hot seat after a Brooklyn judge tossed one client's conviction...

CA11: Lack of collegiality in FLSA case against law firm supported denial of fees to prevailing plaintiff

Posted on June 24, 2009
Eleventh Circuit denies attorneys fees to a prevailing party in a civil case for "lack of collegiality." The case was a Fair Labor Standards Act case against a law firm, and the appeal was deciding the trial court's denial of attorney's fees to the prevailing plaintiff...

Criminal defense lawyer throws a fit when client denied bail, but judge missed it

Posted on June 22, 2009
A criminal "defense lawyer went ballistic" in court when his client is denied bail. See Philly.com: A defense lawyer went ballistic at the Criminal Justice Center yesterday after a judge initially refused to lower his client's bail or change his sentence in a contempt case...

Defense lawyer solicited by juror for bribe

Posted on June 22, 2009
From ABAJournal.com: Federal Juror Charged With Bribery, Allegedly Solicited Defense Lawyer: A federal juror has been charged with bribery and contempt of court after allegedly seeking money from a defense lawyer in a tax evasion case against a St. Louis-area automobile dealer...

Spokane PD assists in holding client attempting to flee court, and the NACDL list serv goes wild

Posted on June 22, 2009
Maybe the hottest ethics debate of the year over the last two days on the NACDL list serv is this story from Spokane, Municipal court brawl leads to arrest, where a defendant attempting to flee court was held, at least in part, by his public defender holding his leg: A brawl that began when a man tried fleeing a courtroom this morning ended with the man, a deputy and three attorneys falling onto a bench of bystanders, according to the Spokane County Sheriff’s Office...

CA criminal defense lawyer indicted for money laundering client funds

Posted on June 17, 2009
A California criminal defense lawyer was indicted with clients for allegedly participating in money laundering for clients. See Feds unseal indictment against LA street gang: The indictment also charged criminal defense attorney Isaac Guillen, 48, of West Covina, with laundering illegal proceeds on behalf of the Mexican Mafia, a prison-based gang that often controls the activities of Latino street gangs in California...

MA: Conviction reversed of client held to have forfeited right to counsel by threatening lawyer which defendant later said was a "stunt"

Posted on June 14, 2009
§ 2:18 n.2 Com. v. Means, 2009 WL 1623439 (Mass. June 12, 2009) (defendant sent a letter to court threatening to assault or kill defense counsel and his family; trial court held defendant forfeited right to counsel; defendant then apologized and said it was a stunt; pro se conviction reversed because of inadequate inquiry into forfeiture).

AK OKs use of "SuperLawyers" in lawyer advertising with explanation

Posted on June 13, 2009
Alaska holds the use of "SuperLawyers" in lawyer advertising is not unethical, following the majority. Alaska Op. 2009-2: A minority of jurisdictions has determined that references to rankings in a publication such as Super Lawyers are unethical. For example, the New Jersey Supreme Court’s Committee on Attorney Advertising ruled that advertising an attorney’s inclusion in Super Lawyers is a violation of Rule 7...

Billing client for sex?

Posted on June 12, 2009
In the U.K., a lawyer billed a client for time having sex with her.

U.S. v. Ghailani, S.D.N.Y.

Posted on June 10, 2009
Law.com has this interesting post about Ahmed Ghailani's case in the Southern District of New York: As First Guantanamo Detainee Faces Federal Court Criminal Trial, He's Laden with Lawyers.

D.C.: Misrepresenting Sr. status at law firm warrants suspension

Posted on June 10, 2009
Law.com reports today that the D.C. Bar has recommended suspension of a lawyer for misrepresenting that he was senior counsel at a D.C. law firm when he was just an associate, even with a mea culpa.

Philly criminal defense lawyer who fled charges back in court

Posted on June 10, 2009
A Philadelphia criminal defense lawyer who was on the lam from house arrest for bringing drugs into a jail, and finally arrested, was back in court with new charges. See Philly.com: More charges for lawyer who fled house arrest.

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