Life in a Post-Constitutional World
As I watched the unfolding of events in Boston this past week, I have several thoughts on my mind. Two have been pre-eminent: I feel deeply for those who have suffered losses of life, and limb, which...
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Boston Bombing Developments: Saturday
Here's a thread to discuss continuing developments in the Boston Marathon Bombing case and Dzhokhar Tsarnaev. The Federal Defender in MA today said it expects its office to be appointed to be...
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Shots Fired at Denver's 4/20 Marijuana Rally
The 4/20 marijuana celebration at Denver's Civic Center Park ended abruptly at around 4:40 pm when shots rang out and one or two people were injured. One appears to have been stabbed (photo here, name...
View Article"Effective Plea Bargaining Counsel"
The title of this post is the title of this new piece by Jenny Roberts now available via SSRN. Here is the abstract: Fifty years ago, Clarence Earl Gideon needed an effective trial attorney. The...
View Article"Legal Questions Riddle Boston Marathon Case
From the New York Times: The capture of the Boston Marathon bombing suspect raises a host of freighted legal issues for a society still feeling the shadow of Sept. 11, including whether he should be...
View ArticleNext week's criminal law/procedure arguments
Issue summaries are from ScotusBlog, which also links to papers: Tuesday Sekhar v. U.S.: Whether the "recommendation" of an attorney, who is a salaried employee of a governmental agency, in a single...
View ArticleFreispruch für Handwerker nach angeblicher Drohung
Ein Handwerker soll einer Kundin damit gedroht haben, ihr das Nasenbein zu brechen, sollte sie die Rechnung nicht bezahlen. Der 47-jährige Elektriker hatte zuvor mehrere Steckdosen in der Wohnung der...
View ArticleMy Closing Keynote Address at Lawyernomics 2013
<font style="FONT-SIZE: 12px" face="arial">Frankly, I was quite surprised when <a href="http://www.avvo.com/about_avvo/boards_and_bios">Mark Britton</a>, Avvo's CEO, <a...
View ArticleBad News for IANAL
<font style="FONT-SIZE: 12px" face="Arial">Over at <a href="http://www.popehat.com/2013/04/20/brave-new-world-miranda-roundup/" target="">Popehat</a>, Ken White provides a "Miranda...
View ArticleN.D.Ga.: Franks motion requires an offer of proof
Defendant’s Franks motion requires there be a specific showing of what the misrepresentation is, and that means including the affidavit and how it’s a misrepresentation. It’s easy to make an...
View ArticleNY2: NY recognizes limited right to counsel before consent to BAC test
Defendant was charged with manslaughter under the influence. His attorney showed up before the chemical test could be performed and the police failed to tell him. There is a limited right to counsel in...
View ArticleUtah Man Pleads Guilty To Running Two Separate Ponzi Schemes
A Utah man agreed to plead guilty for his involvement in two separate Ponzi schemes - while on parole for a previous conviction for a third Ponzi scheme - that took in more than $30 million from...
View ArticleInjury Crash On I15 Blocks Traffic North of Arimo
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205...
View ArticleCantonRep.com: Fourth Amendment: No unreasonable searches
CantonRep.com: Fourth Amendment: No unreasonable searches by Tim Botos: How much do I track thee? Let me count the ways. With a GPS-equipped smart phone in your pocket, you drive to work in downtown...
View ArticleUpdate :Injury Crash On I15 North of Airmo
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205...
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Legal Analogies to Boston Bombing Suspect Dzhokhar Tsarnaev
I mentioned in an earlier post that I think the case of Faisal Shahzad, who attempted to set off explosive devices in Times Square on May 1, 2010, may be an indicator of how the Government will proceed...
View ArticleDo recent California prison reforms demonstrate Plata ruling was a success or...
There was lots of debate, both within the Justices' opinions and in the outside punditry, about whether and why the Supreme Court was wise or foolish to uphold in its 2011 Plata ruling a federal...
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What does it take to prove a defendant's possession of drugs in his...
By Stevie Phillips In State v. Robinson, police had staked out the co-defendant's house after receiving a tip from a confidential informant. The defendant was seen leaving the co-defendant's house on...
View ArticleD.Utah: When dog failed to alert, defendant should have been let go; consent...
Defendant was stopped for a traffic violation and the officer was going to give a warning. After the computer checks came back clean and a drug dog who had been immediately called for went around the...
View ArticleNJ: Answering door smoking a joint in a knock-and-talk justifies entry
Answering door at a knock-and-talk smoking a joint creates cause for entry. State v. Walker, 2013 N.J. LEXIS 355 (April 10, 2013). A cursory visual search through the windows of a car does not...
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