In a criminal case in federal court, if you are acquitted at trial of almost all of the charges against you, you can still be sentenced as though you were convicted of all of the charges against you, when the judge disagrees with the jury’s decision. That is off-the-rails crazy.
The point of a trial, of course, is to figure out if someone is going to go to prison for doing something. The jury’s decision about what a person did should be what controls what crime the person is sentenced for committing. Yet that’s not what judges do.
But that’s a judge using her power to set a sentence while respecting the decision of a jury. She accepts what the jury decided, then takes that into account — in addition to other things — when imposing sentence.
When a judge gives someone more time in prison based on something that a jury already decided the person wasn’t guilty of, it’s very different. That’s an insult to the jury and is really hard to square with how the law of federal sentencing has been developing lately.
This week, the Supreme Court had a chance to fix that. It didn’t.
One of the most eagerly anticipated of these books is Breaking In: The Rise of Sonia Sotomayor, by veteran SCOTUS reporter Joan Biskupic. She recently posted a juicy excerpt on Reuters, in which Justice Antonin Scalia is quoted saying of Justice Sotomayor, “I knew she’d be trouble.”
What prompted Nino to make this comment about Sonia? It has to do with allegations of the Wise Latina engaging in unwise behavior at a Supreme Court party….
* Another one bites the dust over at Main Justice: David O’Neil, the head of the criminal division, is stepping down in the wake of the BNP Paribas case, and will likely have many white-shoe law firm suitors. [DealBook / New York Times]
* Fox Rothschild picked up a 18-lawyer boutique firm in Texas, which will serve as the home of its first outpost in the Lone Star State. Energy law, surprisingly, wasn’t the driving factor. [Legal Intelligencer]
* “I have a heart and I have two kids.” That’s a pretty damn good reason for Biglaw attorneys to take a break from their corporate billable hours to represent undocumented children pro bono. [WSJ Law Blog]
* Scott Greenfield reviews Lat’s forthcoming novel, Supreme Ambitions (affiliate link). Of course, in SHG style, it contains a spoiler. Try to skip that clearly marked paragraph. [Simple Justice]
The latest output from the rage machine is that Justice Ginsburg has to recuse herself from hearing an expected appeal of the Texas abortion regulation that is essentially:
Look, we found a way to ban abortion without saying those words. We’re so f**king clever!
The law is in front of the Fifth Circuit now, but we all know this middle finger to Roe will make it to the Supreme Court eventually. Enter the right-wing punditry eager to drum up controversy in the hopes of removing a reliable liberal justice from the panel. At issue is a recent New Republic interview, where — in between discussing the relative merits of Jazzercise — Justice Ginsburg made the entirely indisputable observation that the law will shut down most abortion clinics in Texas. Oh no! She’s pre-judged the case!
Everyone cool their jets. Justice Ginsburg shouldn’t recuse herself for several reasons…
* Further fallout from Hobby Lobby: suborning child labor is free exercise. Hurray! [Time]
* It’s not just that female partners aren’t getting ahead of their male counterparts, they’re falling further behind. Probably not leaning in enough or whatever the latest insulting sound byte is. [The Careerist]
* If you want to know why Justice Sonia Sotomayor’s summer was “really not fun,” it’s because she spent it reading a book about Justice Antonin Scalia and a book written by Justice John Paul Stevens. [Washington Whispers / U.S. News & World Report]
* “There is less money to pay everybody.” Corporations are shifting more and more of their legal work to their in-house lawyers, and some law firms — especially smaller ones — are feeling the financial squeeze. [WSJ Law Blog]
* If you’ve wanted to know what federal judges discuss during their bathroom breaks, stop wondering, because it’s not that exciting. All they talk about is their “stupid little trials,” and get overheard by jurors and forced into disclosures. [New York Daily News]
* Dewey know why the former leaders of this failed firm want their criminal indictment dismissed? It’s because the case is allegedly based on a “flagrant misunderstanding of the law.” [New York Law Journal]
* If you want to own a “piece of history,” Jodi Arias is auctioning off the glasses she wore during the first phase of her murder trial. She intends to donate the proceeds of the sale to (her own?) charity. [Daily Mail]
* Mexican drug cartels are moving beyond shipping cocaine and are starting to grow the stuff too. As long as they stop hijacking lime shipments and driving up margarita prices. [Vocativ]
* The prosecutor who admitted Ray Rice into a pre-trial intervention program (and there are pros and cons to that decision) specifically denied the same option to a working single mother of two who didn’t realize her out of state gun permit wasn’t accepted. She was offered a 3+ year prison deal. Because, you know… prosecutors. [Huffington Post]
* If you’re planning on getting arrested in New Orleans — and who isn’t? — don’t get arrested at night. [The Times-Picayune]
* A federal judge is accused of sexual misconduct with a clerk. I had to check twice to make sure this wasn’t just a plot point in David’s upcoming book (affiliate link). [Waco Tribune-Herald]
Joe Freeman Britt won’t forgive murder. Or, apparently, people who DON’T commit murder.
Well, let’s say, if I was a bully, he is a pussy. How about that? I think Johnson Britt has been hanging around too much with the wine and cheese crowd.
– Former District Attorney Joe Freeman Britt, discussing his successor (and relative), current DA Johnson Britt, because the younger Britt had the audacity to support releasing men that Britt the Elder prosecuted for rape and murder just because the DNA evidence exonerated them. Britt the Younger blames his predecessor’s bullying and browbeating style for hindering the search for truth, such as ignoring the serial rapist living 100 yards from the crime scene. Joe Britt has no time for such cream puff notions. Will Justice Scalia follow Joe Britt’s lead?
It looks even better next to some of the other cases currently before us which Justice Blackmun did not select as the vehicle for his announcement that the death penalty is always unconstitutional — for example, the case of the 11-year old girl raped by four men and then killed by stuffing her panties down her throat. How enviable a quiet death by lethal injection compared with that!
– Justice Antonin Scalia in Callins v. Collins, 510 U.S. 1141 (1994). The quote looms large today as Justice Scalia’s smugly presented example of how the death penalty can’t possibly be unconstitutionally applied fell apart in epic fashion. DNA evidence exonerated the men convicted of the brutal rape and murder of Sabrina Buie. The prosecutor did not oppose release of the men because DNA evidence pointed to the real perpetrator, a criminal who was convicted of a similar crime soon after Sabrina’s murder. Of all the capital cases in America, many (though certainly nowhere near all) of which do involve criminals who actually committed the crime, Justice Scalia chose at random a case that ultimately confirmed Justice Blackmun’s argument. On the heels of his dissent in Windsor, it’s worth wondering if Justice Scalia is cursed to have his every sarcastic quip fly back in his face.
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
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