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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

"A Death Penalty Colloquium: the Past, Present, and Future of the Death Penalty"

Posted on January 17, 2009
The University of Tennessee Law School at Knoxville, with the Tennessee Law Review, is presenting on February 6-7, A Death Penalty Colloquium: the Past, Present, and Future of the Death Penalty. The speaker lineup includes nationally known experts, such as Dwight Aarons, David Baldus, Hugo Adam Bedau, Steve Bright, Deborah Denno, Lyn Entzeroth, the Honorable Gilbert S...

Criminal defense lawyer accused of cocaine possession during client's trial

Posted on January 17, 2009
A Minnesota criminal defense lawyer was charged with possession of cocaine during his client's trial after a police officer noticed he was acting suspicious coming out of the bathroom. See Attorney charged with cocaine possession.

Criminal defense lawyer charged with smuggling marijuana into courthouse holding cells for cash

Posted on January 17, 2009
A Chicago criminal defense lawyer, age 60, was arrested in the Cook County Courthouse for smuggling marijuana into the holding cells of the courthouse for detainees for $250. The Sheriff arranged a buy with jailers acting as undercover officers. See Chicago attorney charged with smuggling marijuana to inmates in courtroom holding cells...

Creator of Rumbole of the Bailey dies

Posted on January 16, 2009
John Mortimer, creator of Rumbole of the Bailey, has died.

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LA: Exclusionary rule does not apply in bar disciplinary proceedings

Posted on January 14, 2009
Exclusionary rule does not apply in bar disciplinary proceedings. In re Clark, 08-DB-034 (La. Atty. Disc. Bd. January 12, 2009).

". . . that justice shall be done"

Posted on January 13, 2009
On the website of the Law Society of Upper Canada is this piece I stumbled upon: Justice Gary Trotter, Integrity and Honour in Criminal Litigation: Hollow Aspirations or Enforceable Standards? Compare Berger v. United States, 295 U.S. 78, 88 (1935) (reaffirmed in Kyles v...

ABAJ: "Despite Waivers, Calif. Defense Lawyer is Conflicted Out of Triple Murder Case"

Posted on January 12, 2009
In the interest of full and unfettered cross-examination, a San Francisco Superior Court judge ordered a criminal defense lawyer off a triple homicide case, despite waivers from both the client on trial and a potential witness against him. See ABAJournal...

New links on sidebar

Posted on January 11, 2009
JD Supra where one can download and upload sample documents The Georgetown Journal on Legal Ethics Also, the three articles and blog posts mentioned in the last post have been added.

New law review articles

Posted on January 11, 2009
Monroe H. Freedman, Getting Honest About Client Perjury, 21 Geo. J. Legal Ethics 133 (2008) Michael Bonsignore, Rules Exist For a Reason: A Commentary on Lawyers Hiring Investigators to Partake in Deceptive Tactics, 21 Geo. J. Legal Ethics 655 (2008) Lauren Gil, Facing Justice: Ethical Choices in Representing Immigrant Clients, 20 Geo...

Criminal defense lawyer accused of money laundering for returning fee to theft client

Posted on January 10, 2009
A criminal defense lawyer has been accused of money laundering in California for taking fees from a client and then reimbursing them. The defense is she had no idea where the money came from. The client is accused of trafficking in stolen computer equipment...

Defending People: "Advice to a Young Criminal Trial Lawyer " reposted

Posted on January 10, 2009
Advice to a Young Criminal Trial Lawyer has been reposted on Defending People.

MD considers whether a lawyer is required at an initial appearance where bail is set

Posted on January 09, 2009
Oral argument is today in a case against the State of Maryland to require that all suspects have counsel at their initial appearance where bail is set. WaPo: Suit Seeks Early Counsel for Defendants / Md. High Court to Weigh Representation at Initial Hearings: The hearing in a Baltimore jail went forward without a lawyer for the defendant, just as it would have for almost any other defendant arrested in Maryland, and Singleton was ordered held on $10,000 bail...

TX: Murder 1 is a disbarment offense

Posted on January 08, 2009
Texas disbarred a lawyer for a murder one conviction, and life imprisonment, in Virginia. See Legal Profession Blog.

When a lawyer is assisting at trial, check on whether that lawyer thinks he or she is going to be paid

Posted on January 08, 2009
In Baltimore is a trial between two law firms over one assisting another in the defense of an investment fraud. See Defense Attorneys Square Off in Fee Dispute from the American Lawyer on Law.com. At issue is $200,000 and whether the law firm or the client agreed to pay...

AR: One of four defense lawyers sleeping during trial not IAC

Posted on January 08, 2009
One of four defense counsel apparently napping during voir dire in a capital case (where life was imposed) was not ineffective assistance of counsel. Jackson v. State, CR07-1016 (Ark. January 8, 2009). How this arose: In his third point on appeal, Jackson argues that the circuit court should have granted his motion for mistrial, made during voir dire, in response to the alleged ineffectiveness of one of his four attorneys...

Forbes: "Kill the Billable Hour"

Posted on January 07, 2009
In the most recent Forbes, just posted online, is Kill the Billable Hour / Lawyers should bill the way Joe the Contractor does by Evan R. Chesler: I'm a trial lawyer. I bill by the hour. So do the associates who work for me. I have lots of clients, so I can pretty much work, and bill, as much as I want...

State court link added to right margin

Posted on January 07, 2009
The LII link to state court opinions has been added to the right margin. Therefore, you can use this website as a portal to link to state court ethics rules and state court websites.

Jax Public Defender has "induction party" through by FOP

Posted on January 07, 2009
When the elected Public Defender getting sworn in has a party thrown for him by the Fraternal Order of Police, something is seriously wrong with the Public Defender's Office. See Jacksonville.com. The Jacksonville Fraternal Order of Police, which supported Shirk in the November election, threw an induction party for him Tuesday night...

ABAJ.com: "Fla. Prosecutor?s Office Disqualified for Listening to Lawyer Phone Calls"

Posted on January 06, 2009
From ABAJournal.com, posted 10 minutes ago: Fla. Prosecutor’s Office Disqualified for Listening to Lawyer Phone Calls, linking to the Miami Herald: A Florida judge has disqualified the entire Broward State Attorney's Office from trying a murder case, after learning that two prosecutors had listened to recordings of the jailed defendant's phone calls to his attorney...

NY1: Internet sex sting justifies 3 year suspension

Posted on January 05, 2009
A lawyer was ordered suspended by N.Y.'s First Department for three years for arranging for sex with a 13 year old fictitious girl. The dissenters thought the lawyer should be disbarred. Matter of Lever, 2008 NY Slip Op 10230 (1st Dept. Dec. 30, 2008)...

LA: Bank robbery is a disbarment offense

Posted on January 05, 2009
Louisiana disciplinary authorities have concluded that bank robbery by a lawyer is a disbarment offense. The lawyer "did not appear" for the oral argument for the disciplinary appeal, still at the administrative level [apparently because he's in prison?]...

Bailiff under investigation for fixing cases was loaned money by defense lawyers

Posted on January 04, 2009
A bailiff is accused of postponing cases with a view toward fixing them, alleged to having been paid by defendants. But, it also seems that defense lawyers loaned him money, and they are being questioned, too. See today's Cincinnati Enquirer: Bribery probe snares bailiff.

Treatise cited in 156 U.Pa.L.Rev. 1117

Posted on January 04, 2009
§ 15:10 on plea bargain for the innocent in the treatise was cited in Josh Bowers, Punishing the Innocent, 156 U.Pa. L. Rev. 1117, 1159 n. 214, 1167 n. 254 ("(noting that defense attorneys have professional discretion to pursue or forgo Alford pleas)"), 1172 n...

NYT: Man held 8 months without counsel in DP case sues Georgia to get a lawyer

Posted on January 03, 2009
A Georgia man in jail for eight months without counsel in a death penalty case sued the State of Georgia for representation. See NYTimes Friday: Long Held in Capital Case, Man Sues to Get a Lawyer: A man awaiting trial in a Georgia prison has spent the last eight months without a lawyer while prosecutors prepare a death penalty case against him, a lawsuit brought on his behalf says...

OH11: Brian Jones contempt case reversed

Posted on January 02, 2009
Where the public defender was appointed the day before trial and requested a continuance to prepare, it was an abuse of discretion to deny a continuance and hold defense counsel in contempt for not proceeding to trial where he would have been ineffective per se...

NY2: False statements in court and on website results in discipline

Posted on January 02, 2009
False representations in court about alleged evidence and false statements on a web site about the case in its portrayal of the trial judge's findings justified discipline. The lawyer received a five year suspension because he also had trust account failures indicating conversion of funds...

OH: Neglecting appeal results in suspension for six months

Posted on December 30, 2008
Neglecting two appeals in the Sixth Circuit resulted in a six month suspension in Ohio. One had seven extensions, no appendix was filed, and counsel failed to show for oral argument. Columbus Bar Assn. v. Dice, 2008-Ohio-6787 (December 30, 2008).

Working Christmas Day?

Posted on December 26, 2008
1200 visits on Christmas Day at FourthAmendment.com. Who in their right mind is working that day? Well, I was posting that day. Criminal defense lawyers sometimes never get days off, short of vacation.

"Mid-Career Female Attorneys in Crisis?"

Posted on December 23, 2008
As for personal-professional balance, a new book on woman lawyers by Kathy Caprino, “Breakdown, Breakthrough: The Professional Woman’s Guide to Claiming a Life of Passion, Power and Purpose." See the review at ABAJournal.com, By Rachel M...

SC: private capital defender fees suspended Jan. 1

Posted on December 23, 2008
The South Carolina Commission Indigent Defense has suspended fees for private defenders (not public defenders) in capital cases effective January 1st until further notice. SCCID Press Release Dec. 19, 2008.

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