If you’ve been arrested, and the police want to interrogate you, they will tell you that you have the right to remain silent.
How do you assert that right?
One way would be to say something like “I would like to remain silent.” Saying “I want a lawyer” should also stop the questioning.
But today, in Salinas v. Texas, the Supreme Court of the United States held that you do not assert your right to remain silent by remaining silent. If you want to remain silent, you’ll need to be prepared to talk about it.
No one will be surprised that this result came from the Justice least likely to be voted most beloved by those in our nation’s prison systems, Justice Alito.
* Three SUNY-Buffalo Law Students have a band and their cover of Icona Pop’s I Love It is trending. The Spin Wires turn the electro house number into an Offspring like rock song. Video after the jump… [BroBible]
Here are the details: The defendant, Ezekiel Gilbert, 30, shot and killed an escort that he’d hired off Craigslist. The woman was paralyzed and ultimately died several months later. Gilbert was charged in the killing and walks because he says the woman refused to have sex with him.
So the jury acquitted him because she had it coming for not doing her job.
Biglaw partners in this state had a cocktail party to celebrate this new motivating factor for young associates.
In the spate of shootings this country has suffered at the hands of noble patriots exercising their Second Amendment rights, people may have forgotten about the shooting rampage at Fort Hood way back in 2009.
Major Nidal Hasan, an Army psychiatrist, is charged with killing 13 people on post.
His trial is coming up and he just managed to get his court-appointed attorneys dismissed and now is asking the judge for a delay so he can mount his new defense.
Which is exactly the kind of strategy you’d expect from someone defending himself…
Judge Debra Nelson charged through a string of motions in a pre-trial hearing this morning, including a ruling that the case will actually go to trial on June 10 as scheduled. The defense had sought a delay because apparently a one-witness case was too difficult to prepare in a mere 16 months or so.
But the real action revolved around the evidentiary rulings. Most of the rulings were pretty straightforward. A little, too straightforward.
What I mean is that most of the evidence at issue was so obviously prejudicial that the only purpose served by attempting to introduce the evidence is to take advantage of press coverage to poison the well of potential jurors…
* Texas law student/international small-arms dealer Cody Wilson got shot down (pun!) days after revealing a fully security-proof 3D printable gun. The State Department pointed out that Wilson seems to be violating all manner of international arms agreements, which was pretty obvious when he went on video boasting about how his weapons were being used in hotbeds of civil strife. [Foreign Policy: Passport]
* The Juice may soon be loose! But probably not. O.J. Simpson has a hearing seeking a new trial in Las Vegas and blaming his former lawyer, Yale Galanter. Best part? Simpson claims Galanter approved the whole “armed, threatening confrontation” plan beforehand. Oops. [FOX News]
* Michael Arrington, a lawyer and “one of the most powerful people on the Internet,” is suing his ex-girlfriend for defamation. The complaint compiles some pretty salacious claims that she made via social media. [Valleywag]
* Just when you thought being an unpaid intern couldn’t be sadder, Judge Baer makes it sadder. [Fashionista]
* The “Thug’s Lawyer” got a reprieve when a judge tossed his indictment for conspiracy, obstruction of justice, theft, and perjury. [The Advocate]
* The EEOC filed suit against a Miami company that required its employees to become Scientologists. In other news, someone actually thought they could get away with making all their employees join the Church of Scientology. [Lowering the Bar]
* The history of the Madison Avenue IPOs alluded to in last week’s Mad Men. [DealBook]
* “The only thing that can stop a bad guy with a gun is a bear cub with a gun. Or something.” [Bear Lawyer]
* Professor Nick Rosenkranz wonders if a 50/50 quota is appropriate to generate intellectual diversity at law schools since Harvard Law seems to think that gender diversity merits a 50/50 quota. The answer is no. Thanks for playing. [Volokh Conspiracy]
Ed. note: This is the latest installment of Righteous Indignation, our new column for conservative-minded lawyers.
In Houston last weekend, the National Rifle Association held its 2013 national convention. Although Houston is my once (and future) home, I did not attend the convention. I did, however, watch videos of several of the Leadership Forum speakers, including Texas Senator Ted Cruz, Louisiana Governor Bobby Jindal, Texas Governor Rick Perry, former UN Ambassador John Bolton, Glenn Beck, and Sarah Palin. You can watch them online too if you (a) care to hear the NRA’s platform articulated by people with very nice hair, (b) wish to entertain your morbid liberal curiosity, or (c) want to see Glenn Beck get choked with emotion about freedom — again.
Also in the last few days, the website Neighborhood Scout released a list of “the most dangerous neighborhoods in America.” The rankings relied on the violent crime rate per 1,000 residents, 2011 census tracts and population data from the U.S. Census Bureau, and violent crime statistics from the FBI, U.S. Department of Justice, and local law enforcement agencies. They defined “violent crimes” as murder, aggravated assault, armed robbery, and forcible rape. (You know, the legitimate kind of rape.)
Two of the neighborhoods in the top 15 on that list are areas where I have lived, worked, or studied. In one of those neighborhoods, the 2011 violent crime rate was 91.27 per 1,000 residents. A resident there has a one in 11 chance per year of becoming the victim of violent crime.
I was never the victim of violent crime in those parts of town, though I experienced several thefts and one burglary while living nearby. Even so, taking advantage of Texas’s option of a concealed carry permit and a manageably small-caliber handgun seemed like a sensible option to at least consider. Why should I be the only one who thinks a responsible, safety-conscious response to a high-crime urban neighborhood is to purchase and carry a firearm?
* “Chim chim-in-ey, chim chim-in-ey. Chim chim cher-ee! A sweep of a law firm has found a body!” Dead body found in law firm chimney at Moody and Woolley Solicitors in England. [BBC]
* Reddit joins the new trend of writing terms of service that can be read by real-life people. [Associate's Mind]
* Defense Distributed, the arms dealer fronted by Texas law student Cody Wilson, announced today that they have completed a fully 3D printed gun, with the added benefit of avoiding metal detectors. Yay? [Gizmodo]
* A Howard Law School grad has set up a new business allowing companies to hire bike messengers through their smartphone. So now there’s an app for THAT. [DCist]
* Is the legal profession poised for a comeback? Not sure I buy the argument. Just because more litigation kicks up, doesn’t mean firms will go on a hiring spree because litigation doesn’t need a glut of associates anymore. Document management companies are smothering future associate jobs in the cradle and they’re not going anywhere. [TaxProf Blog]
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The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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