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Criminal Law

Z the Monthly Blog and Legal Newsletter

Politics of crime (criminal politics) and prison legal issues. Associated with Prison Innocence Project.
By 'Major' Mori Goodbar, Esq.

Post Frequency: 0.8/day

Last Entry: August 23, 2011 at 06:52:00

Corporate Crime

Posted on November 09, 2008
We need to correct this BS asap: The WaPo headlines a piece which features a tax policy regulation issued recently that amounts to corporate welfare -- correct that: stealing taxpayer money to pay banks and other corporations that only lose money. For losing money in a given year, these conservative executives expect the government (taxpayer) to give them a cash refund...

Section 1983, DNA, Claims of Innocence (and Potty Fodder for Newsletter)

Posted on November 05, 2008
Here is a new cert grant in a DNA evidence case, District Attorney?s Office v. Osborne (08-6) courtesy of SCOTUSBLOG. An implied question is whether an inmate has a right under the Fourteenth Amendment, after conviction, to seek that type of evidence when the right is based upon the Supreme Court?s 1963 ruling in Brady v...

A Workout Plan

Posted on October 30, 2008
Just for the record, here is one plan put forward by a couple of lawyerly individuals in the New York Times. I like the community based aspect of this one. My thoughts on this are for agencies at Hud or Treasury to work with existing local-community based non-profits, such as Habitat and others, to provide funding and/or guarantees for private buyouts and lease-backs for those still able to

Warrant, Searches, and Qualified Immunity

Posted on October 26, 2008
Here is the Scotuswiki on a Supreme Court case that promises to be interesting to say the least. Quickly, the court's oral argument has taken place and further briefing ordered on whether Saucier v Katz (2001) should be overruled. More, after digestion commentary, to be forthcoming...

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What the World Could Look Like

Posted on October 25, 2008
Ronald Dworkin in NYRB, among others in the special election issue. If McCain wins, however, Kennedy's vote would probably be irrelevant and his influence negligible because Mc-Cain's first appointment would probably create an unstoppable rock-solid conservative majority for a generation or more...

Investing in Future: More Stimulus

Posted on October 22, 2008
What to make of the idea of more economic stimulus, now that we seem to be determined to shore up failed banks, and the bankers that failed them? The first rule: avoid a massive asset bubble. We've seen at least two recently; real estate and before that, high tech stock...

Serious Appellate Review Can Make a Difference

Posted on October 21, 2008
If perfunctory or truncated review of Georgia's death sentences by the state Supreme Court would be likely to result in imposition of arbitrary and unconstitutional sentences, then, by similar logic truncated federal habeas review over state criminal proceedings would likely result in rising incidents of unfair and unconstitutional decisions at the state level...

Global Finance in Crisis

Posted on October 16, 2008
We're off on a tangent, political economy, aka the credit crisis, global recession, market meltdown. M y previous post focused on this and questioned specifically what caused the market to tank, banks to stop lending if that is indeed the situation, and well, putting us all through another Black October...

Hiding Mountains of Debt in Wall Street?

Posted on October 13, 2008
Here's what I want to know more about. What about this "hiding mountains of debt in complex instruments?" It brought down Enron and others. Is that what the "mortgage backed securities" were all about? This is Fareed, in Newsweek: If there is a lesson to be taken from this crisis, it's a simple and old rule of economics: there is no free lunch...

More New Conclusions on Federal Habeas

Posted on October 08, 2008
Continuing to review the Hoffmann & King, Rethinking the Federal Role in State Criminal Justice DRAFT, forthcoming N.Y.U.L.Rev. DRAFT, at page 9 we find the following remarkable conclusions: Given the time to habeas filing and disposition, most defendants convicted of felony offenses in state court have no practical access to federal habeas review...

Economical Thinking in Federal Habeas

Posted on October 06, 2008
Here is how a new draft by King and Hoffman, to be published in the NYU Law Review next year opens. Commentary will follow once I've read more. At the link you can download the whole thing from SSRN. Thanks, Doc B! We believe that it is time to rethink the federal role in state criminal justice...

Not Just Election Politics

Posted on October 05, 2008
The following description of current state of affairs is accurate and not good, because the state of the nation is not good, which qualifies as the understatement of the year. It can only get better, we hope. From the editors at New Yorker Oct. 13: (read complete article at the link) ...

The VP Debate

Posted on October 03, 2008
My take on last night's VP debate: She is a well indoctrinated republican who recited and mangled canned lines regardless of the question on the floor, not qualified to occupy the office. He is a well qualified, experienced, connected, grounded U.S...

Biggest Growth Industry?

Posted on October 03, 2008
The biggest growth industry amid the economic cliff hanging? Alan Dershowitz (writing in Newsweek) tells us, here.

Against the Grain on Registries

Posted on September 27, 2008
Finally, this constitutional erosion seems to be gaining attention. Excerpt from ABAJ, at least two courts this year have sided with the critics and invalidated some or all of the registry law. In both rulings, the courts referred back to a line of U...

Constitutional Crisis or Just Business as Usual?

Posted on September 22, 2008
Here is the big picture, from Prof. Bruce Ackerman of Yale, via Stirling Newberry at KOS. Link. On one side is the economy, politics on another and upon the third leg the constitution, the supposed "order" our Republic stands upon. The monetary/financial system is clearly being manipulated to serve the rich; the rich get richer, the system spends like no tomorrow to preserve and increase their

Convicting Innocents, Sex Offender Laws, Anthrax Investigation in the News

Posted on September 20, 2008
Here is an interesting post from Grits in Texas, who always does good work, about Ivins, the accused, and now dead, pushed by the investigation to commit suicide, FBI anthrax case suspect. I've felt something fishy about this matter. So do the investigating members of the Senate committee in charge...

AWA Cruel and Unusual Judge Rules

Posted on September 18, 2008
Doc Berman notes this decision, in his words: Thanks to this post at Sex Crimes, I have learned of this recent federal district court opinion which concludes "that a 30-year mandatory minimum sentence for [the defendant], under the specific facts of his case, is so grossly disproportionate to his crime as to constitute cruel and unusual punishment in violation of the Eighth Amendment to the

Secretly Shrinking National Security

Posted on August 29, 2008
Concerns over the lingering Gitmo cases expressed by Judge Leon as reported by AP, here. Excerpt, WASHINGTON (AP) -- A federal judge overseeing cases against dozens of Guantanamo Bay detainees said Wednesday that he fears the public - and the detainees themselves - will be locked out of the courtroom when evidence in the case is scrutinized for the first time...

Update to Doe privacy/national security appeal

Posted on August 29, 2008
The privacy case appeal, involving the Patriot Act, "national security letters" and judicial review powers, link here, (Doe v Mukasey; How Appealing, Lawdotcom), updating my earlier post, "Secret Government" was heard with skepticism on the part of a panel of 2d Circuit judges this Wednesday...

Tax Policy a Crime?

Posted on August 19, 2008
Economic Growth, the lifeblood of the economy, the fountain of youth of the Garden of Eden that we call the economy, is apparently not well served by ripping off the poor after all, via tax cuts for the rich. Sorry about that. I thought otherwise in my youthful days of indiscretion...

Annual Review, Criminal

Posted on August 18, 2008
For housekeeping purposes and future review and research, here is a link to a "terrific" summary of the USSC term as compiled by Prof. Rory Little of Hasting Law.

Alice, the Judge and the Constitution

Posted on August 14, 2008
How do Lewis Carroll, Humpty Dumpty, and Alice relate to the law? Check this piece out, by a "rogue" juror who refused to take an oath selected by the trial judge. Excerpt:The scene in the judge?s robing chambers that day reminded me of a passage in Lewis Carroll?s Through the Looking Glass, where Alice is talking with Humpty Dumpty,

Hamdan Verdict

Posted on August 08, 2008
Here, is Hirch's (Newsweek) take on the Hamdan verdict. As I've begun to suspect, opinions are written not only by judges, less frequently by lawyers (at least not quickly) and with the most brevity by the media, some in the media. The case is certain to be appealed and has a good chance of being thrown out, as it does not seem clear that driving a car, even carrying a terrorist, is a war crime

SORNA and the Constitution

Posted on August 03, 2008
Here, at SexCrimes blog by Prof. Corey Young, are an article draft and the first Circuit (8th) decision interpreting the new sex offender federal registration act (SORNA). Prof. Young notes serious commerce clause constitutionality questions with the law and the recent ruling as well...

Government and Secrecy

Posted on August 01, 2008
A good one from New Republic, by Jack Goldsmith (Harvard Law School professor, and former Bush Administration appointee) titled Secrecy and Safety here. A sample of the analysis: A root cause of the perception of illegitimacy inside the government that led to leaking (and then to occasional irresponsible reporting) is, ironically, excessive government secrecy...

Conviction Reversed (Almost)

Posted on August 01, 2008
Lessons from an important insider trading case, in which Joseph Nacchio formerly of Quest, gets a new trial, is the title of a potential review of this one, from the Tenth Circuit.

Habeas and Unconstitutional Deference

Posted on July 30, 2008
The Supreme Court granted petition re: the 28 USC 2254(d) deferential standard of review in the case of Bell v Kelly (SCOTUSwiki preview here). The practical issue is, how do you get to present "new" evidence that was lost previously through your lawyer's conduct or misconduct, (or the governments sleight of hand, or procedure) when the standard of review won't allow for a fresh look at all the

Maryland Secret Government

Posted on July 18, 2008
Speaking of secret government, check this out. Apparently, Maryland's Gov. Erlich was doing some of that too. Spying on Anti war and death penalty activists under the pretext of fighting terrorism. How the definition morphs!

Secret Government?

Posted on July 12, 2008
At this link is brief of amicus curiae, the National Archive (of Washington, D.C.) and Electronic Frontier Foundation, in the case of Doe v. Mukasey, on appeal from the US District Court, Southern District of New York. Summary of the argument: judicial review of government's demands for secrecy is necessary to protect the security of the nation and quality of government decision making...

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