Sunday, May 3, 2009

Weekly Update

Unnecessary Legislation... If somebody is a registered Sex Offender, runs for office... and wins... really, let the community decide... if his opponent cannot just say "My esteemed colleague is a registered sex offender" and win the School Board Election... the RSO deserves to win. Let the community decide! [via SOI Blawg]

I don't know how I feel about the verdict in Pennsy's hate crime case... I support the underdogs and the defendants... but when the underdog is the victim....

A bunch of white kids beat the sh*t out of a Mexican and got off... Kudos to their defense team... but I am a little loathe to think of the arguments to the jury...

The MPRE was not that hard!!! If your Mom is in the jury pool, excuse her or recuse yourself!!!
students with <7>

Rhode Island is banning bedroom negotiations to avoid comparisons to Nevada. People in their bedrooms should have a level of freedom/privacy not afforded in "free America".

Thursday, April 30, 2009

NEWS FLASH!!!

I'm accumulating links for a somewhat interesting post... but this deserves its own...

Justice Souter to retire!!!

I HATE to lose Souter... but I'm very happy for him. I'd always heard he was the only SC Justice to "brown bag" it for lunch. More power to him. He was (well still is) the 'PD' of the SCOTUS. Let the man cash in while he still has some livin' to do! And, yes, I'm glad he timed it so Obama picks his replacement, with strong legislative support. Kennedy has clearly emerged as the swing vote after SDO's retirement, so I'd like to see a liberal-leaning justice to replace him.

I will be fair to former President Bush, neither Alito nor Roberts have truly replaced William Rehnquist. Rehnquist was a pro-wealthy, racist, anti-civil-rights douchebag. Alan Derschowitz's "obituary" of Rehnquist nails my feelings on this demagogue/fascist that ruled our highest court. Any 2L can tell you the outcome of a case that begins: Cheif Justice Rehnquist delivered the opinion of the Court. Petitioner, a black woman,...

Scalia does usually rule independantly on Search and Seizure (I predict he will right the majority opinion in the school strip-search case recently argued... AND I predict he and Ginsburg will be on the same side of the decision),... I respect him for that. But I have read a few of his opinions that make a mockery of "original intent" in order to forward some FOX News talking point.

Whilst, Alito and Roberts are not Rehnquist, they are also not Sandra Day!!!

I don't expect them to be swing votes... to labor over arguments despite the political overtones of the outcome. So I think Souter, Ginsburg, Stevens and Breyer should be replaced with "moonbat" Liberals. Kennedy should ABSOLUTELY be replaced by a moderate, a true, middle of the road swing vote intellectual.

My $0.02 on the replacement process.

Sunday, April 26, 2009

Weekly Round-up...

"free to leave"... Someone finally took to task just when does a person feel "free to leave" and when is it a seizure? This article summarizes the study of a few hundred Bostonian "reasonable p0ersons", who apparently, aren't SCOTUS "reasonable persons"!

Even the awful Hering decision couldn't save this one!

I would eat here everyday. Everybody loves a second chance, Bourdain has taught me to expand my previously existing love of "street-food". I'm just saddened that the haters are still there, even in Chicago. But, please, if you are in the Windy City... stop in at Felony Franks, home of the Misdemeanor Weiner and the Burgler Burger!

In other news... A 2 year old and 3 year old burglary team has been caught. I hope they get charged as adults!!! ...ohh forgot the on tag...

Tuesday, April 21, 2009

I've Seen the Future...

I've only put a few years under my belt in this topsy-turvy world of Criminal Defense...

...but given what I've seen so far, I won't be surprised when THIS happens to one of my clients.

Sunday, April 19, 2009

Weekly Round Up

I figure, at a minimum, I should do weekly roundups on Sundays.

First up, 10 year study from California Corrections on recidivism for convicted sex offenders. They put the rate of re-offense (conviction of a NEW sex crime, not a bad check, or a DUI) is about 3.4% with a less than 1% rate of re-offending after 5 years of release.

Our very own 6th Circuit made some noise in Capital Punishment circles. CA6 Chief J. Boyce Martin came out swinging against the death penalty in the courts opinion Wiles v. Bagley.

For true SCOTUS junkies, handy charts showing agreement percentages of the Court over the current session. Of course, if you're a true SCOTUS junkie, you already subscribe to SCOTUS blog, so you've seen it... Handy for all, is the summary of questions presented this term, from the same page.

Reclaiming Futures Everyday summarizes a study, which must have come from the Institute of the Bleeding Obvious, showing detaining juvenile offenders may do more harm than good.

Monday, April 13, 2009

An update... I need to do more, I know, but I came across two stories this week that I felt I should email all on... So I will get better... PROMISE!!!

These are stories I've been holding, not news by now, but if they are to you... you NEED my blawg!

First,

We don't take care of our mentally ill. As one private in the Marine Corps. used to put it... Surprise, Surprise, Surprise!!!

A lovely tale of exoneration!

A little note for all those out there who say "Lock 'em up", "You know who handles criminals well, Saudi Arabia! Cut off a theif's hand, he'll never do it again!!!"... This is what you're asking for... BTW, how's your grandma?

I will continue to search for "True Republicans" or "True Libiterians"... If you want small, non-intrusive government, I'm with ya!!! But, if you DEMAND the Death Penalty, but decry abortions... you are a LIAR! Give ALL rights to individuals or preach your 'Family Values' somewhere else... Russia is a good start.

Tuesday, March 31, 2009

Neglectful... That is my name...

I know I have not updated as much as I should... traffic to this site is awful, but better than expected considering my lame update performance...

...since I get hits even when not updated, I'm thinking I've stirred enough interest that I SHOULD update...

Here are some posts I've been holding...

Two under 'Sexting' if you don't know what it is, by now, you are in NO POSITION to be practicing Juvenile Law!

Federal Judge Blocks Sexting case.

Sentencing Law & Policy 'Sexting'

And, on a personal note, I went to Vegas once, stayed at the Trop, saw "Le Folies Bergres" (2nd showing, topless) ...what a classic piece of Vegas... When the usher lifted the table to usher the other couple into our front-row booth, while my girl (at the time) and I sucked down frozen daiqurai's ... I felt like Ray Liotta in "Goodfelas"... I will really miss the Classic Vegas Show!

Monday, March 16, 2009

I'm Really Bad at This....

....I don't update nearly enough, I know, But it's starting to dig at me so I hope to do better...


....so for now,... posts I've horded...

1) I try to ignore it, but the schadenfreude overcomes me... mea culpa... Jeff County ADA Intern pulls a Natasha Lyonne.

2) My first ever blind link... I love the blog, I will link to it faithfully, but he invoked Immanuel Kant... I throw up a little in my mouth, I HATE Kant... I have a minor in Philosophy so I'm not coming from an uneducated place, I LOVE Kierkegaard. I enjoy Sartre, Spinoza, Liebenz. I can tolerate

Nietzsche

when he is not off on a Syphilis-ridden rant....

Thursday, March 5, 2009

Bills I'm Watching

Items to watch in the current session of the Commonwealth's legislature:

1) 2009 HB 38 Increased restrictions on registered sex offenders. A horrible bill. It's a "piling on" of sex offender residence exclusions. It expands to include pools & parks as locii for a no-reside radius. It's becoming clear that Sex Offender Registries do not work. [and here] Well, it's been clear to those in the trenches, but now economists, penologists and a few lawmakers [and here] are begining to agree. I would like to note that the bill was introduced by Stan Lee (R-Fayette) (no relation to the Comic Book guy) who's never met a "Family-values" panic-inducing ultra-conservative talking point he didn't like.

2) 2009 HB 130 Seeks to EXPAND eligibility of the Death Penalty in Kentucky. This bill really bothers me. In my life I was ok with the Death Penalty, on the fence with the Death Penalty...

...before I even imagined to become a lawyer...

...when Timothy McVeigh was put to death... a colleague at my former workplace said something to the effect of "It's a good day, we fried that a-hole"...

...I took exception, I thought we shouldn't delight in the death of any human, even one like McVeigh, who is probably one of the best arguments FOR the Death Penalty. I became against the Death Penalty....

...As a 1L, I was fortunate enough to attend a talk with Juan Melendez, the 99th person exonerated from Death Row since the reenstatement of the Death Penalty. His story is the precise reason the Death Penalty should be abolished...

...on moral and legal ethics grounds...

...but there is also an economic component, that we all had to lose our 401(k)'s and Cost of Living raises SLASHED to realize...

... the thing that really bothers me is that the bill is sponsered by Rep. Joseph M. Fischer (R-Campbell), who recieved, from 1993-1998. the Northern KY Right to Life John J. Bauer Service Award, and sits on the Board of the Greater Cincinnati Lawyers for Life...

...But he wants to expand the Death Penalty... As a Roman Catholic, I think that will get him excommunicated...



There are more, but I commented/linked more than I anticipated... Good night, post will be continued.

Monday, February 23, 2009

The New Phonebooks are Here!!! The New Phonebooks are Here!!!


O.K., not the new phonebooks, but a book I have been awaiting, with the same anticipation that Navin R. Johnson, born a poor black boy in Mississippi, had for the book that would make him "Somebody".

The National Academy of Science has finally published their findings from a Congressional request to assess the value of forensic science in the U.S.. It's 254 pages long, and I have not yet had a chance to read it... but the reviews are in... with the exception of DNA analysis, Forensics is pretty much BS.

The report is available in various formats from 33 bucks to 50. But, it can be perused online for free.

For summaries from people I steal from better at this blawg thing than I... go to Simple Justice and Grits for Breakfast.

I expect an increase in Daubert hearings in the coming months!

In the mean time, stay away from cans!

Monday, February 16, 2009

Really need to do an update...

My power is back, so is internet, so reason for not posting is pure lazy...

First, and really interesting, are Breathalyzers racist?

Second, all Defense Attorneys are subject to 11.42's, malpractice suits and bar complaints... I haven't researched it yet (I should) but I doubt PDs can even claim Soverign Immunity. Prosecutors have it a LOT better.

And, for a bit of fun, The Texas Criminal Law Generator... usually when state rankings come out, my Commonwealth's motto is "Kentucky... Thank God for Mississippi!", but when it comes to overcriminalizing, it should be "Kentucky... Thank God for Texas!". (Texas has no less than 11 Oyster related felonies!)

I really wish I could tell my clients to avoid or ignore subpoenas!!!

Montana is about to eviscerate Rule 404(b)

The Modern-day Scarlet Letter


One reason to oppose the Death Penalty.

Megan's Law doesn't work.

The other reason to oppose the death penalty.




*whew*... that clears most of my buffer... I'm out!

Thursday, February 5, 2009

Back part II

My wife and I have finally ended our time as "Internally Displaced Persons" as the modern parlance goes. I expect to do a few updates over the next few days to clear out a few articles I bookmarked during the last couple of weeks.


  • Later this month, the National Academy of Science is releasing a report that may set forensic evidence on its ear. From the New York Times Report, we can expect:
"a sweeping critique of many forensic methods that the police and prosecutors rely on, including fingerprinting, firearms identification and analysis of bite marks, blood spatter, hair and handwriting."
The report uses terms such as "outmoded" and "junk science" and could put much of the prosecutions "go-to" forensic methods in doubt.



And last for today... should I mistype, misspell, misgrammar or what-have-you... gimmie a break, it could happen to anyone.

Friday, January 30, 2009

Back...

Updates have been a little slow, but with good reason!

I've gotten a few new articles to post, I'll try and break it up over a few posts to prevent TL/DNR.

First, for any Defense Attorney who has ever wondered if a particularly punitive judge or prosecutor gets "paid by the prisoner", law. com informs us,tragically, it's certainly possible!

Next up, Sentencing Law & Policy points us to a study promoting military service as an alternative to incarceration. It addresses not just the idea of paying back to society, but the rehabilitative effects of military discipline. Of particular interest to my closest colleagues... it included substantial interviews with inmates of the Kentucky DOC. (For those who prefer the actual journal article over a blogger's summary click here [pdf])

Last for this post...

...The Iowa Legislature may change Sex Offender restrictions from residency-based to presence/loitering-based.


Thomas Ferguson, Black Hawk County attorney, said trading residency restriction
for exclusion zones makes sense."That would be more effective in achieving the
goals of protecting children and be more efficient in the use of law enforcement
resources," Ferguson said."The residency restriction just bans someone from
sleeping near certain designated areas --- school and day cares --- but it
doesn't really prohibit them from spending their day in an area where kids can
be," Ferguson said.


It's important to note that this policy shift is being lobbied for by prosecutors and sheriffs.

Thursday, January 22, 2009

Crossing Child Victims in Sex Cases

For those dual-discipline science/lawyer geeks, Mark Bennett of Defending People has a really interesting post discussing an article on how to question a child victim in sex cases.

For those of you who don't like reading studies and statistics I'll summarize...

...The only factor between the Prosecution questioning the child victim and the defense is the complexity of the Defense Attorney's cross. In short, if te child answers "I don't know" or "No" and expanding, it works against the defense. To keep your case on an even playing field, ask the child simple questions that elicit a "yes" response, without elaboration.

Easier said than done, I know... but something to keep in mind.

Wednesday, January 21, 2009

Nothing Earth-Shattering

Just a few posts, won't change your world, but maybe worth a read...

Grits For Breakfast once again says what I've been saying long before I took the LSATs,, spend $10 on Mental Health and Education services now, or dump $1,000 into prisons later. Mental Health, Education and Rehab services are seen as part of the "Left-Wing agenda" while "Tough on Crime" is a cornerstone of the "Right". But if proper Mental Healthcare and Education leads to reduced crime, and smaller government budgets... isn't that just best for everyone?

Read the article here.


Blawgs are still writing slams on the 5-4 Herring decision, limiting the excusionary rule. Here's another post from Simple Justice on the matter.


Last, from the "You thought YOU had the child support record!?!" category...

...In my office gossip, we bandy about figures of $16,000, $36,000, $40,000...

This is the mark to beat in arrearage!

Monday, January 19, 2009

First Post

A few articles/entries I've been storing...


First, an interesting case on Terry stop patdowns and subsequent inadmissibility of drug evidence out of Ohio. (from FourthAmendment.com)

Second, a trio of blogosphere musings that, will surprise few but comfort many of my colleagues.

  • Simple Justice, An excellent law blog by a New York State private criminal defense attorney, posted this musing about why clients aren't always forthcoming with us.


  • Another site I will be stealing from linking to frequently is Grits for Breakfast, a great blawg that focuses on Texas Criminal Justice, with a lot to say about juvenile law in Texas. GFB gave me the link to a Texas Criminal Defense Attorney who blogged about the differences in defense work, after serving as a prosecutor. Again, nothing shocking to my defense brethren, but comforting to see it in writing from another jurisdiction... it's the same all over!

Third, Blawgs react to the (horrible) decision in Herring v. U.S. [pdf]... Apparently our government of limited power can extend its power if the cops screw up...

Lastly, two Grits for Breakfast (again) postings about false confessions. First. and Second.

...and to sign off from my first substantive post... I steal quote Keith Olbermann...
who steals from... borrows...quotes... (no, no, no, as much as I agree with his politics, but not his methods).... Steals from Edward R. Murrow...

"Good night and good luck..."

Saturday, January 17, 2009

Introduction, Welcome to ODAB

The intent of this chunk of webspace is to aggregate postings from around the web that I hope will be of interest to my colleagues. As defense attorneys, we need to be on top of new developments in a number of fields to stay on top of our game. We all know a once a year "Views from the Bench" CLE won't hack it. A sample of topics you can expect to find regularly addressed on these pages:

Fourth, Fifth and Sixth Amendment laws
Drug law reform
Juvenile Justice
Socioeconomic factors to Crime, Rehabilitation and Drug Abuse
Prison reform
Sex Offender Issues
Drug and Alcohol Abuse and Recovery
Death Penalty Issues
Evidence Law
Kentucky Law Updates

And much more.

At this time, I don't expect to be commenting too much on the links I post. As I said, i just want to create a convenient one-stop shop for interested colleagues, without flooding inboxes with "Hey, Read This Article" emails.

Again, this is the plan as of this first postings. As with an undertaking of this nature, I suspect a year from now this will be a very different animal than what I imagined.