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Sunday Night Open Thread
Watching TV tonight: Shameless, the Good Wife and the finale of Downton Abbey. There are new details in the Pistorius murder case. Adam Lanza is back in the news, PBS's Frontline will... [[ This is a...
View ArticleTop-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 12708 Ham Sandwich Nation: Due Process When Everything is a Crime Glenn Harlan Reynolds,...
View ArticleCrash on Bogus Basin Road Claims One
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View Article"DNA Collection After Arrest: A Few Thoughts on Maryland v. King"
Orin Kerr has this post at The Volokh Conspiracy. In part: I think it may be analytically helpful to the Court to break down the “search” question into two stages. First, there’s the buccal swab. But...
View ArticleOur office is open today, Presidents' Day
Jon Katz, a criminal defense lawyer and DWI/ DUI/ Drunk Driving lawyer advocating in Fairfax County, Virginia, Montgomery County, Maryland, and beyond for the best possible results for his clients....
View ArticleIA: People in apartment talking loud about drugs and what to do the cops...
People inside the apartment “discuss[ing] their concern about police presence in the building” including one saying he had drugs on him was exigency for entry. State v. Floyd, 2013 Iowa App. LEXIS 229...
View ArticleSchwedischer „Serienmörder“ war vermutlich jahrelang unschuldig im Gefängnis
Ein Schwede soll zwischen 1976 und 1988 mehr als 30 Menschen getötet haben. Für rund acht Morde wurde der Mann verurteilt und sitzt seit fast 20 Jahren in schwedischen Gefängnissen. Nun stellte sich...
View ArticleOUI drug charge in Massachusetts, how is the offense proven in court?
OUI drug charges in Massachusetts are on the rise. What does the Commonwealth have to prove to secure a conviction? In prosecuting an OUI drugs case, the police report will typically look very similar...
View ArticleRutgers Law Dean Farmer Plays The Apprentice
<font style="FONT-SIZE: 12px" face="Arial">Quietly, some joker in the editorial department of the New York Times is snickering, having snared another law dean or professor in the trap of offering...
View ArticleBut The Cop Didn't Show
<font style="FONT-SIZE: 12px" face="Arial">Few sounds are better to a defendant's ear than the dulcet tones of a judge saying "case dismissed" because the arresting officer failed to appear for...
View ArticleFamily Matters: The Sexual Revolution in American Politics
Robert O. Self, All in the Family: The Realignment of American Democracy Since the 1960s (Farrar, Straus and Giroux, 2012).Serena MayeriAfter reading Robert Self’s ambitious new book, it is almost...
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LimeWire, the Wyoming Tool Kit and the 4th Amendment
After Levi Dunham “was charged by bill of information with seventeen counts of pornography involving juveniles” in violation of Louisiana Revised Statutes § 14:81.1(a)(3), he entered a plea of not...
View ArticlePresidents' Day
Today is a court holiday, President's Day. Although I will be available by telephone, I am taking advantage of the holiday by Chairing the Illinois State Bar Association's Standing Committee on...
View ArticleDeath and Taxes: Links Between the Colfax Massacre and Al Capone
In February, one hundred years ago, the United States ratified the 16th Amendment establishing a federal income tax on individuals regardless of apportionment and census results. Like the 13th, 14th,...
View ArticleOH2: Precedent permitting hot pursuit entry into home for fleeing mere...
Hot pursuit into a home of somebody fleeing a mere traffic offense is permitted by City of Middletown v. Flinchum, 95 Ohio St.3d 43, 2002 Ohio 1625, 765 N.E.2d 330, but this court sure doesn’t like it....
View ArticlePublic Officials Target of Criminal Investigations
Two public officials are the subject of criminal investigations in Warren County. The Cincinnati Enquirer reported that Republican State Representative Peter A. Beck is the subject of three separate...
View ArticleOH8: USMs did not show reasonable basis to believe fleeing fugitive in...
The USMs were looking for a fleeing violent fugitive who cut off an ankle monitor, and they ended up at defendant’s house. There was no showing at all of a reasonable belief that the fugitive was even...
View ArticleThe Virtues of the English
<font style="FONT-SIZE: 12px" face="arial">An email arrives this morning soliciting my willingness to promote a book of war stories by a British Queen's Counsel. With a link to his Amazon page...
View ArticleFL5: Defendant not entitled to be Mirandized before consent to search his...
Defendant was not entitled to be Mirandized before consent to search his person was sought during a traffic stop. State v. Thomas, 2013 Fla. App. LEXIS 2415 (Fla. 5th DCA February 15, 2013).* Defendant...
View ArticleKeith Evans on the “Newton Rule”
Rule 41 of Keith Evans’ Common Sense Rules of Advocacy is called “Newton’s Rule.” Isaac Newton’s third law of motion, of course, was that for every action there is an equal and opposite reaction. Evans...
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