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Criminal Law

Law Of Criminal Defense

News, information, ethics opinions and analysis relating to criminal defense, legal ethics and professional responsibility.
By John Wesley Hall, Jr.

Post Frequency: 11.2/day

Last Entry: March 25, 2011 at 18:32:28

WI court in 3-3 gridlock in criminal cases over a recusal

Posted on July 05, 2010
Monroe Freedman in "Judicial Electioneering" writes of the Wisconsin Supreme Court gridlock in State v. Allen, 2010 WI 10 (February 11, 2010) where the court splits 3-3 on the disqualification of Justice Gableman in criminal cases because of the distasteful (not "disciplinable," also a 3-3 vote) ads he ran to unseat Justice Butler...

CA lawyer on trial this week for money laundering

Posted on July 05, 2010
In the Silicon Valley Mercury News: Embattled San Jose lawyer goes on trial in money-laundering case, with her former client as a witness against her: A federal grand jury indicted Harley two years ago, accusing her of laundering more than $100,000 for a client who was trafficking in stolen computer equipment...

IN: Reprimand for using jailhouse lawyer as legal assistant

Posted on July 05, 2010
An Indiana attorney received a private reprimande for hiring a jailhouse lawyer as a legal assistant to help in a PCR case. In re Anonymous, 73S00-0812-DI-626 (Ind. July 1, 2010): Respondent retained the inmate as an independent legal assistant who was not employed by a specific firm or lawyer...

Polk Co. FL: "Sheriff Says He Will Record Inmate Calls to Lawyers and Use Them as Evidence"

Posted on June 23, 2010
From Polk County FL and the Ledger.com: Sheriff Says He Will Record Inmate Calls to Lawyers and Use Them as Evidence. What respect for the Constitution. Indeed, what a moron.

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ABAJ: "Attorney accused of smuggling heroin into jail"

Posted on June 22, 2010
A lawyer was arrested last week in the Los Angeles County jail after a drug dog found heroin on him in a secure area when he was waiting to be taken to clients. ABAJ.com: Attorney accused of smuggling heroin into jail.

"What Happens When Clients Stop Paying?"

Posted on June 21, 2010
What Happens When Clients Stop Paying? by Norm Pattis in the Connecticut Law Tribune on flat rate fees.

MN lawyer stabbed over case by opposing client

Posted on June 18, 2010
ABAJ.com: Stabbed By Client’s Ex-Husband, Lawyer, 54, Has ‘Horrible Injuries’ But is Recovering.

MN lawyer ordered to apologize to x-examined cop

Posted on June 16, 2010
Defense lawyer defies judge's unusual order to apologize to cop | Lawyer David McCormick let the deadline pass Tuesday without apologizing; the next step is unclear: When criminal defense lawyers cross-exam police officers on the witness stand in court, it's not unusual for the questioning to becomes aggressive and testy...

FJC's Brady paper added

Posted on June 13, 2010
The Federal Judicial Center's paper, Brady, Brady v. Maryland Material in the United States District Courts: Rules, Orders, and Policies is on the sidebar.

WV: Misrepresenting self as lawyer for client in jail results in disbarment

Posted on June 11, 2010
Lawyer disbarred for misrepresenting to the jail he was the lawyer for client when he was her former boyfriend who had represented her in the past and had a state job with no private practice at the time, and they had oral sex in the attorney meeting room...

TX increases (somewhat) capital defenders' budget

Posted on June 11, 2010
Texas panel approves funding for defenders office by Betsy Blaney of AP in Chron.com: Members of the Task Force for Indigent Defense agreed Wednesday, voting in Austin to approve a modest expansion of the program while putting off larger increases because of state budget concerns, said Lubbock County Courts Coordinator David Slayton...

Client perjury: CT law requires actual knowledge by lawyer

Posted on June 10, 2010
Under Connecticut law, criminal defense lawyers have to have actual knowledge of client perjury, not just a reasonable belief before they can act on it. Defense counsel’s representations to the court about it were sufficient. State v. Chambers, Conn...

"Man accused in officer's death slugs his lawyer", again

Posted on June 10, 2010
From the Philadelphia Inquirer: Man accused in officer's death slugs his lawyer by Joseph A. Slobodzian: For years, Philadelphia lawyer William L. Bowe has represented people most lawyers will not: accused killers, often with long criminal records and short tempers, some of them on what seems like a fast track to death row...

W.D.Pa.: Simple conspiracy case did not justify exceeding the CJA cap despite 3-1/2 day trial

Posted on June 06, 2010
Three and a half day drug conspiracy trial based on snitch testimony was not so complicated in toto that the court could exceed the $9,700 cap on CJA fees. United States v. Tillman, 2010 U.S. Dist. LEXIS 54324 (W.D. Pa. June 3, 2010). The CJA provides that payment in excess of the $ 9,700...

Chicago Public Defender charged with choking prosecutor

Posted on June 03, 2010
In the Chicago Sun-Times today: Cook Co. public defender charged with choking prosecutor: A Cook County public defender and boxer has been charged with two felonies after he allegedly choked a county prosecutor at the 26th and California criminal courthouse, authorities said...

NYT: Another attack on the lawyers for the Guant�namo Bay detainees

Posted on May 26, 2010
Today's NYT, by Charlie Savage: Bill Puts Scrutiny on Detainees’ Lawyers: A provision tucked into a defense bill before Congress would direct the Pentagon’s inspector general to investigate any suspected misconduct by lawyers for Guantánamo Bay detainees, opening a new chapter in a recurrent political controversy over legal ethics and the representation of terrorism suspects...

Business is down...

Posted on May 25, 2010
A Seattle Defense Attorney Writes... May 24, 2010: What causes crime rates to go up or down? Crime statistics show that both violent and property crimes dropped from 2008 to 2009, despite higher unemployment and a sinking economy. http://www.nytimes...

"The Right to Present a Defense"

Posted on May 22, 2010
On the sidebar today is Mark Mahoney's wonderful "The Right to Present a Defense." This is a "work in progress" started in the 1980s. My bad. It should have been there years ago. It is a tremendous resource.

Law.com: "Murder suspect lost his lawyers after state ran out of money to pay them"

Posted on May 22, 2010
Law.com: Ga. Murder Case Shines Spotlight on Nation's Indigent Defense Systems by Marcia Coyle ("Murder suspect lost his lawyers after state ran out of money to pay them").

ABAJ: Altered fee vouchers gets former lawyer charged

Posted on May 21, 2010
A now former lawyer in WV has been indicted for altering vouchers for appointed criminal cases after they were signed by the judge. Ex-Lawyer Accused of Collecting $132K from PD Service in Billing Scam on ABAJ.com

ABAJ: "epresenting Defendant & Gov?t Witnesses Sparks Mistrial, Finger-Pointing"

Posted on May 20, 2010
On ABA Journal.com: Representing Defendant & Gov’t Witnesses Sparks Mistrial, Finger-Pointing by Martha Neil, involving a NYS PD's office. Representing, at various times, both the defendant in an attempted murder case and witnesses that the prosecution intends to call at trial put a New York prosecutor and public defender's office in the hot seat...

Article: Attractive clients less likely to be convicted

Posted on May 19, 2010
Jurors May Be Swayed by a Pretty Face, Study Finds by Tresa Baldas in The National Law Journal. The underlying article: Study uncovers why jurors reward the good-looking, penalize the unbeautiful by George Lowery.

CA6: Admission of financial affidavit for appointment of counsel as evidence of guilt was error

Posted on May 19, 2010
The District Court erred [but not plain error] in admitting defendant's affidavit for appointment of counsel as evidence of guilt. It violates the Simmons rule. United States v. Aguirre, 2010 U.S. App. LEXIS 9977, 2010 FED App. 0139P (6th Cir. May 17, 2010): To summarize, the defendant has a right to counsel if he can demonstrate financial inability...

NY: Suspension for overlooking signs of employee theft from trust account

Posted on May 19, 2010
A New York lawyer was suspended for three years for not seeing "multiple warning signs" that a subordinate was tampering with the trust account. Lawyers Suspended for Ignoring 'Warning Signs' of Partner's $17 Million Fraud, from the NYLJ.

Lawyer threatened with contempt for asking for victim impact witnesses

Posted on May 18, 2010
In asking for notice of a victim impact witness in a child pornography case, defense counsel was threatened with seeking to intimidate witnesses and contempt. NACDL has come to the lawyer's aid. Lawyer may face sanctions in child pornography case by Paul Egan in The Detroit News: Detroit -- A lawyer faces possible sanctions after filing a motion in a child pornography case that a federal judge described as "a blatant attempt to intimidate the minor victim's mother...

"15 Shocking Wrongful Convictions"

Posted on May 16, 2010
Sobering thought for any of us, and our worst nightmare: 15 Shocking Wrongful Convictions on ForensicColleges.net.

Stanford fires another lawyer

Posted on May 15, 2010
Accused Texas Ponzi schemer Allen Stanford has fired yet another lawyer. Stanford's new lawyer says client has already fired him. From here, I think I see a pattern: Strong willed client, used to tell people what to do and getting his own way, in denial about his own actions, doesn't want to hear what his criminal defense lawyer is telling him...

NYT: "The Threat to Miranda"

Posted on May 15, 2010
In today's NYTimes: The Threat to Miranda: For nearly nine years, the threat of international terrorism has fueled a government jackhammer, cutting away at long-established protections of civil liberties. It has been used to justify warrantless wiretapping, an expansion of the state secrets privilege in federal lawsuits, the use of torture, and the indefinite detention of people labeled enemy combatants...

AR: 30 day suspension for federal representation conflict of interest

Posted on May 14, 2010
Thirty day suspension for conflict in representing a federal witness against a federal target under investigation was supported by the evidence. The state bar authorities appealed the length of the suspension. The conflict was revealed during a fee dispute...

ABAJ: "Lawyers?Especially Men?May Be Too Optimistic About Case Outcomes, Survey Says"

Posted on May 12, 2010
Of interest to me, but not necessarily you is Lawyers—Especially Men—May Be Too Optimistic About Case Outcomes, Survey Says by Martha Neil on ABAJournal.com. Clients always want to know the outcome and want us to confirm that we'll win. I especially like the question as the jury returns: "What do you think they did?" "Wait 30 seconds, we're both going to find out...

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