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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

Philly criminal defense lawyer who fled charges back in court

Posted on June 10, 2009
A Philadelphia criminal defense lawyer who was on the lam from house arrest for bringing drugs into a jail, and finally arrested, was back in court with new charges. See Philly.com: More charges for lawyer who fled house arrest.

FL: Criminal defense lawyer accused of overbilling appointed work

Posted on June 09, 2009
On the Legal Profession Blog, a criminal defense lawyer who billed local government is accused of overbilling, some days to even more than 24 hours a day. A disciplinary action is pending: A Jacksonville lawyer accused of overbilling taxpayers hundreds of thousands of dollars to represent poor defendants could face discipline by The Florida Bar, where a formal complaint has been filed against him...

PA lawyer who gave client money to drug cartel convicted

Posted on June 09, 2009
A lawyer who gave client funds was convicted and sentenced to 2-4 years in prison in Pennsylvania state court. See Philly.com: McCaughan was representing a man charged with drug trafficking. When the client's mother asked McCaughan to return the $20,000, prosecutors said, the attorney told her that he had not put the money in escrow, and that he had given the money to a drug cartel tied to the state of Texas...

Cook Co. P.D. out of money for death cases

Posted on June 06, 2009
Cook County P.D.'s office cannot afford to handle any more death cases because the legislature won't pay enough to handle them. See Chicago Tribune, NBC Chicago, Salon.com.

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Use of a third person to "Friend" somebody on Facebook for litigation information is unethical

Posted on June 06, 2009
Getting a third person to "Friend" a Facebook user to get information for the lawyer without informing the third person is unethical. Philadephia Op. 2009-02 (March 2009): Turning to the ethical substance of the inquiry, the Committee believes that the proposed course of conduct contemplated by the inquirer would violate Rule 8...

NYT: "A Promise to Be Ethical in an Era of Immorality"

Posted on May 31, 2009
An article about business ethics relevant to us from NYT: A Promise to Be Ethical in an Era of Immorality.

NC: Sexual harassment of employees results in 5 year suspension

Posted on May 30, 2009
NC PD suspended for five years for sexually harassing employees.

NJ.com: Bergin denied bail in murder case

Posted on May 30, 2009
Paul Bergin was denied bail in his witness murder case. The prior post is here. Yesterday's article on NJ.com had this: But Arleo questioned the lawyer about the recordings. The transcript includes Bergrin allegedly ordering a witness to be killed. He even suggested the shooter wear a ski mask and to make the slaying appear random, according to the transcript...

Lawyer gets 87 months for money laundering for the client

Posted on May 29, 2009
Massachusetts criminal defense lawyer gets 87 months for money laundering client funds. See Law.com's: Mass. Lawyer Sentenced to 87 Months for Money Laundering, Obstruction of Justice.

"Black Robe Syndrome" and a federal judge

Posted on May 28, 2009
The "Black Robe Syndrome" and Judge Kent of the S.D. Tex., per the Chief Judge of the Circuit: The medical reports paint a picture of a man who has had psychological problems in dealing with the high authority inherent in his position Based on his guilty plea, he has vacated his chambers in Galveston...

Houston Chronicle: Lawyer may be investigated for bring e-mailed photo of a bare breast to client in jail

Posted on May 28, 2009
Defense counsel in a death case subject to investigation for bringing an e-mailed photo to the client in jail through counsel that included a picture of a bare breast. See yesterday's Houston Chronicle: Fratta’s lawyer may face inquiry. The client says that he has seen "far worse" in the jail...

Houston Chronicle: Harris County lawyers way over case limits

Posted on May 26, 2009
In the Houston Chronicle last night: Attorneys overworked in capital cases / About one-third are over recommended limit on felonies: Lawyer Jerome Godinich, chastised by the 5th Circuit Court of Appeals this year for repeatedly failing to meet federal death penalty deadlines, has represented an average of 360 felony clients per year in Harris County — a caseload that surpasses every other similar attorney...

SCOTUS overrules Michigan v. Jackson on right to counsel in interrogations

Posted on May 26, 2009
Today, the Supreme Court overruled Michigan v. Jackson (1986), and the Court held that automatically appointed counsel did not work to invoke a right to counsel. Montejo v. Louisiana, No. 07-1529 (May 26, 2009). The Syllabus: At a preliminary hearing required by Louisiana law, petitioner Montejo was charged with first-degree murder, and the court ordered the appointment of counsel...

NE: Disbarment for conviction for structuring of bank deposits

Posted on May 23, 2009
A guilty plea to structuring of bank transactions (3 $9k deposits on consecutive days) was a crime of moral turpitude because structuring has been a crime for a long time. When coupled with other violations of DRs, the attorney is disbarred. State of Nebraska ex rel...

NJ criminal defense lawyer indicted in connection with informant's murder

Posted on May 20, 2009
A NJ criminal defense lawyer, Paul Bergrin, former federal prosecutor, is indicted for alleged role in killing of informant: A former federal prosecutor who became a high-powered criminal defense lawyer was charged today in connection with the slaying of an FBI informant...

Lawyer arrested at courthouse security

Posted on May 20, 2009
A criminal defense lawyer in East Tennessee was jailed before court after an altercation with officers at courthouse security.

SCOTUS cert. grant: Wood v. Allen: IAC on failure to raise mental health condition in a capital case

Posted on May 19, 2009
SCOTUS granted cert in Wood v. Allen, 08-9156, yesterday. SCOTUSWiki here (not complete at the time of posting here, but it will be fleshed out later). The issue: Whether the state court’s conclusion–-that during the sentencing phase of a capital case the defense attorney’s failure to present the defendant’s impaired mental functioning did not constitute ineffective counsel–-was based on an unreasonable determination of the facts and whether the circuit court erred in its application of the Antiterrorism and Effective Death Penalty Act (AEDPA) to the review of the state court decision...

"Fighting fire with fire," permitted by Gentile, results in a defense motion against former lawyer's comments

Posted on May 19, 2009
"Fighting fire with fire," permissible press commentary by defense counsel under Gentile, Treatise § 12:8, has resulted in the defendant in a case, through later counsel, claiming the first lawyer prejudiced the client. See Boston.com's Court asked to block lawyer's actions / First 'Rockefeller' defender faulted: Lawyers for the man who calls himself Clark Rockefeller asked a judge yesterday to block jurors at his upcoming parental kidnapping trial from hearing evidence about statements made to reporters by his previous lawyer...

DC disbarment for not paying taxes

Posted on May 17, 2009
A DC criminal defense lawyer was disbarred last week for dodging his taxes.

Miami PDs ordered to continue taking cases despite overwhelming caseloads

Posted on May 15, 2009
The Take Away on PRI has a story about Miami Public Defenders being ordered to continue to take cases despite their overwhelming caseloads: A Caseload Crisis for Public Defenders.

GA: PD conflicts budget out of money

Posted on May 08, 2009
Georgia public defense budget has run out of money, according to the AJC: In Georgia, lawyers abandoning the poor. Down into the story: In response, exasperated lawyers are asking to withdraw from cases, and judges are letting them do it. Making matters worse, no one is telling the council about these defendants who are now lawyerless, the council’s executive director, Mack Crawford, said...

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Posted on May 07, 2009
On the Arkansas Supreme Court's syllabus today: CR08-1485. Shequita L. Joiner v. State of Arkansas, from Columbia Circuit. Pro se motion to compel attorney to adhere to rules of professional conduct. Motion denied. See per curiam this date.

MI criminal defense lawyer charged with assaulting cop in courthouse

Posted on May 07, 2009
A Michigan criminal defense lawyer was charged with misdemeanor assault for an altercation with a police officer in a courthouse, according to the Detroit Free Press, and the lawyer got eight stitches: "I'm confident that when the evidence comes out in court, it will demonstrate that Mr...

NJ criminal defense lawyer pleads to misdemeanor case in allegedly running client's call girl operation

Posted on May 05, 2009
A criminal defense lawyer in New Jersey pled to a misdemeanor prostitution offense after being accused of taking over his client's prostitution business, allegedly linked to Spitzer's case. See ABAJournal.com: Lawyer Accused of Running Client’s Call Girl Ring Enters Misdemeanor Plea...

Kieffer did a sentencing CLE in 2007

Posted on April 30, 2009
Howard Kieffer, convicted of impersonating in federal court a lawyer, did a sentencing CLE in Milwaukee in 2007 holding himself out as a lawyer, according to the blog of the Milwaukee Journal Sentinel. See ABA Journal's Catch Me If You Can.

FL: Sex for fees results in disbarment

Posted on April 30, 2009
A criminal defense lawyer who had sex with a client and reduced the fee $200 each time she had sex with him was ordered disbarred in Florida today. The clients were vulnerable, and he was convicted of soliciting prostitution. In another case, he was also sanctioned for editing a video without telling an authenticating witness...

Laid off appellate lawyer commits suicide in D.C.

Posted on April 30, 2009
Mark I. Levy, head of the Supreme Court and Appellate Advocacy section of Kilpatrick Stockton in Washington DC, committed an apparent suicide in his office after being laid off yesterday.

SCOTUS: Confession to CI in violation of the Sixth Amendment can be used to impeach

Posted on April 30, 2009
When used to impeach an inconsistent statement, confessions obtained in violation of the Sixth Amendment undergo under a balancing test. The interests of truth finding and the role of the adversarial system outweigh the violation against the Sixth Amendment in this case...

WA: Client in coma from suicide attempt during trial could not assist in his own defense

Posted on April 30, 2009
Client in a coma from a suicide attempt during trial was incapable of assisting in his defense, and mistrial was required. State v. Anene, 37374-2-II (Wash. App. April 28, 2009).

NACDL Misdemeanor Report: "Minor Crimes, Massive Waste

Posted on April 29, 2009
NACDL's Misdemeanor Report, Minor Crimes, Massive Waste, was released at 1 pm Eastern. Coincidentally, while the report was being printed, Contra Costa Co. CA announced that their current budget required them to stop prosecuting misdemeanors to save $1...

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