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.