Notable account of notable application of death penalty in China
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THE BEST LEGAL BOOKS
Following up on MM's nice post on the best legal movies, we submit our post on the best legal books. These are books either by lawyers, or about lawyers, more so then about specific legal cases. So for example, we will not consider A Civil Action. Or any of the publications about the OJ case. Number one: For us, there is no question that the biography about Edward Bennett Williams, entitled "The Man To See" is the best legal biography we have ever read. Period. End of discussion. If you're searching for a last minute legal gift for the trial lawyer in your life, order this from Amazon. Number two: Lee Bailey's "The Defense Never Rests" is the reason why we became a lawyer. It's the classic book by a defense attorney about his career by one of the very best who ever sat at the table for the defense Number Three: "The Art of Cross Examination" by Francis L. Wellman is the classic book on the tool of a trial…
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An Interesting Perspective on Cell Phones to Document Evidence
If you don’t use a cell phone as part of your daily life, you’re in a small minority. In fact, a national research group reports that 92% of Americans own some type of mobile device. More than three-quarters of the population essentially owns a portable computer in the form of a smartphone. With all that availability, it’s no wonder that a great many litigants want to use their cell phones to document evidence. However, it’s not that simple. No matter how many courtroom dramas you see on television, there are still some rules when it comes to admitting evidence. For many, cell phones are not just about voice calls. However, smartphones take it a step further by allowing users to photograph and videotape what they deem important. And, of course, there’s always the exchange of text and email messages, as well as social media posts. Although cell phone documentation is not necessarily restricted to any type of legal matter, it routinely comes up in…
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Senate to Pass Tax Bill Today
The Republican tax bill will pass today, even without John McCain. Trump and the wealthy individuals and corporations that benefit from the bill will celebrate. Most Americans, when they realize not only aren't they benefiting, but the cuts will... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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update I90 MP19 Road Blockage
***update*** Left lanes are still blocked both directions while the tow company removes the semi truck and ITD resets the cement median jersey barriers. The crash has been investigated and no further information will be released. ***** Westbound and Eastbound I90, all lanes, are currently blocked at milepost 18 due to a crash. Mfc
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"The Unconstitutionality of Criminal Jury Selection"
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Tuesday Open Thread
I've got clients this afternoon, the jail tomorrow and court on Friday-- then some Xmas shopping. I'll be online periodically, but for right now, it's time for a new open thread, all topics welcome. On T.J. Miller, I'm on... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Christmas and the Surveillance State: December Reasonably Suspicious podcast
Check out the December edition of Just Liberty's Reasonably Suspicious podcast, covering Texas criminal justice policy and politics. Two great interviews this month - one with reporter Brandi Grissom Swicegood about the alleged abuse and turmoil at the Gainesville State School, and another with Peter Neufeld, co-founder of the national Innocence Project, regarding forensic-science reform. You can listen to the latest episode here, or subscribe on iTunes, Google Play, YouTube, or SoundCloud. If you haven't subscribed yet, take a moment to do so now to make sure you won't miss an episode. Topics this month include:Top StoriesUS v. Carpenter: SCOTUS appears likely to require a warrant for cell-phone location data.InterviewBrandi Grissom, discussing the staff-on-youth sex scandal at the Gainesville State School.Home Court AdvantageEvaluating a sharply split decision from the Texas Court of Criminal Appeals upholding a first-degree felony drug conviction in which…
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"This Court Offers The Homeless A Fresh Start Instead Of Punishment"
From Honolulu Civil Beat, via the NACDL news scan: He was four years into homelessness and had been to court so many times the bailiff recognized him. Prichett told the judge he wanted an attorney. At the Office of the...
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When the Accused’s Evidence is not Believed
Post-Offence Conduct as Circumstantial Evidence of Guilt Evidence of what an accused has said or done after an offence has been committed is often a vital part of the case for the Crown. This is circumstantial evidence that looks backward from what happened later to something that occurred before. The subsequent conduct may take several forms: for instance, flight, destruction of evidence, change of appearance. R. v. B.(P.), 2015 ONCA 738 (CanLII), at para. 166. And sometimes that post-offence conduct can involve giving false evidence in court for the purpose of evading criminal responsibility. The fact that a witness is disbelieved does not prove the opposite of what he asserted. The fact that a witness’s evidence is disbelieved on a particular point may have an impact on his overall credibility, but in order to prove the opposite of what he said some positive evidence is needed. R. v O’Connor, 2002 CanLII 3540 (ONCA) at paras. 17-20; R. v. Wright, 2017…
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Houston Lawyers Defend Client – an American Citizen – from Federal ICE Custody After Wrongful Arrest
One of our clients recently made national news when he was wrongfully detained in a Harris County courtroom by federal immigration agents who mistook him for an undocumented gang member they were seeking. David Ochoa, age 24, faces capital murder charges to which he has pleaded not guilty. While he, co-counsel Jed Silverman and myself were in a hearing in that case on Friday, December 15, two federal agents from the U.S. Immigration and Customs Enforcement (ICE) agency showed up and told us they had a warrant for Ochoa’s arrest. ICE agents said that Ochoa had been deported twice and was a known gang member. However, Ochoa insisted that he was born in Spring, Texas and graduated from Spring Woods High School in Spring Branch. “They didn’t even show me a warrant,” Ochoa said. The agents showed us a photo that looked vaguely like Ochoa and said he would soon be charged with a felony of re-entering the U.S. They were also going to charge him with illegal…
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Mandatory Jury Instruction in Cross-Racial Identification Cases
by Jill Paperno,Author of "Representing the Accused: A Practical Guide to Criminal Defense"Last week the Court of Appeals issued a decision requiring that if requested, a jury charge must be given on the potential lack of reliability of identification evidence in cross-racial identification cases. People v. Boone, 2017 N.Y. Lexis 1722. Notably, the Court did not require expert testimony on cross-racial identification, or even cross-exam of the witness, for the charge to be given. The Court stated:In light of our discussion of the cross-race effect, which has been accepted by a near consensus in the relevant scientific community of cognitive and social psychologists, and recognizing the very significant part that inaccurate identifications play in wrongful convictions, we reach the following holding: in a case in which a witness's identification of the defendant is at issue, and the identifying witness and defendant appear to be of…
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DiFi's Unsatisfactory Non-Responsive Response
Fair and Unbalanced fans will recall my open letter to the senior senator from California in which I expressed my outrage regarding her comments to the San Francisco's Commonwealth Club in which she urged patience and understanding for Donald Trump. This was back in August, when she actually said that we should wait and see “if he can forget himself and his feeling about himself enough to be able to really have the kind of empathy and the kind of direction that this country needs.” Remarkably, she said that “the question is whether he can learn and change” and, if he can, “he can be a good president.” That, of course, was far from the question -- which was more like, is this sick fuck going to destroy our country?I didn't say that last bit. What I did say was that it was beyond comprehension that a member of the Democratic leadership would give Trump the…
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"Three ways conservatives can lead criminal justice reform"
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Lamenting that the "law descends into a ghoulish inferno" as it contemplates the execution of a condemned Alabama murderer
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crash on US30, near Filer, ID
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 12/20/2017 4:50pm Please direct questions to the District Office On December 17, 2017 at approximately 12:16 pm the Idaho State Police investigated a car versus train crash at US30 and Curry Crossing, near Filer, ID. Russell Weaver, 82, of Hollister and his passenger Ardith Weaver, 79, of Hollister were driving eastbound on US30 in the right lane in a 1998 Oldsmobile 88. The vehicle was approaching Curry Crossing, where the crossing lights and audible signal were activated. An Eastern Idaho Railroad train, operated by Brennan Lyons, 28, of Jerome was traveling northwest on the train tracks at Curry Crossing. The train was comprised of a locomotive pulling approximately…
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Flip a Coin for Legislative Control
Think one vote never makes a difference? Take a look at the Virginia House of Delegates. Jim Morrison and Fenit Nirappil have this report for the WaPo.The election for District 94 in the Virginia House was previously thought to have been decided by one vote. However, one vote for that had previously been thrown out has now been found to be a valid vote for the erstwhile loser, leaving a tie.If the Republican wins this seat, the House will be 51-49. If the Democrat wins, it will be 50-50. By state law, a tie race is decided by lot.I will bet that more than a few people in this district are wishing they had voted now.
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Government Wins DACA Battle
Twelve days ago, I noted that "the Government won a preliminary skirmish in the Supreme Court in the battle over the Deferred Action for Childhood Arrivals (DACA) program." Today the Government won a battle, but the war goes on.In the case of In re United States, et al., No. 17-801, the Government asked the Supreme Court for relief from an order to add to the administrative record a broad array of vaguely described documents. Today, the high court held:Under the specific facts of this case, the District Court should have granted respondents' motion on November 19 to stay implementation of the challenged October 17 order and first resolved the Government's threshold arguments (that the Acting Secretary's determination to rescind DACA is unreviewable because it is "committed to agency discretion," 5 U. S. C. §701(a)(2), and that the Immigration and Nationality Act deprives the District Court of jurisdiction). Either of those…
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"President Trump Commutes Sentence of Sholom Rubashkin" !?!?!
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Cato: FISA “Reform”: The Surveillance Fear Mongering Campaign Ramps Up
Cato: FISA “Reform”: The Surveillance Fear Mongering Campaign Ramps Up by Patrick G. Eddington: The House GOP leadership must be at least somewhat worried about the prospects for passage of their Foreign Intelligence Surveillance Amendments Act (FAA) Sec. 702 bill, … Continue reading →
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