Criminal Law

(c) Image by Juri H. Chinchilla.

Yesterday, Krispy Kreme celebrated its 77th birthday. The popular doughnut chain opened its doors on July 13, 1937, in Winston-Salem, North Carolina. And what goes better with doughnuts than coffee? Cops. This week, On Remand looks back at Krispy Kreme’s history and a half-dozen cases involving doughnuts and cops, including the strange tale of a man who held a Krispy Kreme truck for ransom.

The Krispy Kreme we know today began in the 1930s when New Orleanian Joe LeBeau moved to Kentucky and sold his secret recipe and the name “Krispy Kreme” to a local, who hired his nephew, Vernon Rudolph, to sell the doughnuts door-to-door.  By 1937, Rudolph and a friend had moved to Winston-Salem and opened the first Krispy Kreme doughnut factory. Although the pair set out to sell doughnuts to grocery stores, a new marketing ploy quickly revealed itself:  human weakness.  People passing the factory could not resist the delicious doughnut smell, and wanted to buy them hot off the press.  Vernon obliged, cutting a hole in the outside wall to sell fresh glazed doughnuts directly to people on the street.

Today, Krispy Kreme operates nearly 900 stores in 24 countries. But, like its founders intended, Krispy Kreme continues to sell doughnuts to grocery and convenience stores. Over the years, deliveries to these stores have made Krispy Kreme trucks an easy target for thieves.  One Michigan man may take the cake doughnut for the most comically unsuccessful Krispy Kreme truck theft.

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(c) Image by Juri H. Chinchilla.

On today’s date in 1905, the trial of the Stratton brothers began in the London Criminal Court. The case marks the first time in recorded Western jurisprudence that fingerprint evidence was used to obtain a murder conviction. This week, On Remand looks back at courts’ dealings with fingerprint evidence and the story of a lawyer whose fingerprints led to his erroneous arrest as a terrorist.

In March 1905, Thomas and Ann Farrow were murdered in their south London art shop. The crime scene suggested the motive — a cash box had been pried open and left empty — but offered investigators few clues about the perpetrator. With only a bloodstained sink and two discarded masks at the scene, and no murder weapon, signs of forced entry, or witnesses to the crime, investigators appeared to have no leads. But one other clue found at the scene — a bloody fingerprint on the cash box’s inner tray — would eventually break the case….

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George Zimmerman, Esquire?

He wanted to be a cop for awhile, but he’s talked about going to law school.

He has a real interest in the law and … prosecuting appropriately — not like what he got — is something he’s very interested in. I will not be surprised if he ends up in criminal law. His dad was a judge, and he wants to be a prosecutor or a lawyer.

Mark O’Mara, one of George Zimmerman’s defense attorneys, speaking about his recently acquitted client’s law school ambitions.

(Which law school do you think will accept Zimmerman as a student? Will he have any issues with bar admission? Do you think he’d be a good lawyer?)

Now with more briefs, but fewer breasts.

Not much…. I guess one difference is that, in our society, lawyers are treated with a little bit more respect than porn magazine editors — but only a little.

Dan Kapelovitz, commenting on his unique transition from being the Features Editor of Hustler magazine to attending the UCLA School of Law. Kapelovitz now practices criminal law.

* Nepal had actual regulations regarding Yeti killing. When will America join the international community and enact strict protections for Sasquatch? [Lowering the Bar]

* A state bar association is actively discouraging students from going to law school. Which is odd, since the state in question has a top five law school… according to National Jurist. [Associate's Mind]

* A clever Civ Pro class used the system against Howard Wasserman to get an extension on their assignment. I respect Wasserman for crediting the students’ ingenuity, but it would have been a better life lesson if he’d impleaded the Dean for forcing him to have grades in early. Or at least ding the students with a Rule 11 claim. [PrawfsBlawg]

* Inmate forgotten for 22 months in solitary confinement wins $15.5 million reward. Hopefully he’ll be ready in time to protect us from that bioweapon attack from Alcatraz. [CNN]

* In honor of International Women’s Day, enjoy an interview of Justice Ruth Bader Ginsburg. [The New Yorker]

* To follow up on an old story, law grad/convicted sex criminal Chris Dumler is reporting to jail today. [WVIR]

* The Conclave is now set for Tuesday. Place your bets on the new pontiff now! [CNN]

You stole my building.

* Lawyers who re-argue 2,400 year old cases are lawyers with too much time on their hands, even if they’re doing it for charity. [ABA Journal]

* What do you know, free speech is allowed to exist on the internet. [Public Citizen Press Room]

* I shaved my balls for this fiscal cliff deal? [Huffington Post]

* Some law professors still don’t understand what the law school “disaster” is all about. [Associate's Mind]

* How much can you really charge for contract attorney work? [Point of Law]

* The best criminal law blog post in 2012 was… [Simple Justice]

* It never occurred to me that a building could be pirated, but here you go. [De Zeen Magazine]

Mmm... shoe porn.

* Dewey really need to keep coming up with punny headlines about D&L’s painful probe? Pass the lube, ’cause you better believe we dew! Steven Davis, the firm’s former chairman, has hired Barry Bohrer, a white-collar criminal defense lawyer and partner at the Morvillo Abramowitz firm. [WSJ Law Blog]

* “Of course all of that money for my baby mama is legal. I… uh… checked with my lawyers. Um, yeah. Just get the money in.” Cheri Young gave some pretty damning testimony yesterday during the John Edwards campaign-finance violations trial. [CNN]

* As if you didn’t have enough to worry about during finals, Law School Transparency has come out with a new clearinghouse that includes employment outcomes, salaries, and student debt loads. [National Law Journal]

* “I do not own a color. I own a specific color in a specific place.” Christian Louboutin was seeing red when he responded to interview questions over his trademark infringement suit against Yves Saint Laurent. [Fox News]

* Remember that Nutella class action suit? Ferrero settled, and you can cash in if you bought their delicious hazelnut crack during the relevant time period. Needless to say, they owe me $20. [American Thinker]

* Richard Bellman, the lawyer behind New Jersey’s “Mount Laurel doctrine,” RIP. [New York Times]

Friday night, I attended the first ever Innocence Project of Florida dinner. I was invited by a close, personal Twitter follower board member, and upon acceptance, asked by someone in one of my Google+ circles the Incoming Chair of the Innocence of Project of Florida to turn over a fairly large amount of cash to be a co-sponsor. Apparently, while Holland & Knight was receiving an award for their thousands of hours helping to free the wrongfully convicted, money for the dinner wasn’t pouring in from the establishment. Maybe next year.

As lawyer-type dinners go, it was a little different — poor lawyers representing alleged violent criminals mixed with Biglaw lawyers who spent the last decade doing the same, as well as three dozen judges, the elected state attorney, the appointed United States Attorney, and a slew of law students. Also in the crowd were a half-dozen exonerees. The exonerees included James Bain, who served more time than any other exoneree — 35 years for a crime he didn’t commit. He went to jail when I was four years old, and got out as I was planning a trip for my 40th birthday.

The night had its share of speeches and awards. One of the awards went to lawyer Marty McClain, whose client, Juan Melendez, was there among the suits wearing a t-shirt. Juan spent 17 years, eight months, and one day on death row before being exonerated. Marty’s other client, Frank Lee Smith, couldn’t make it because he died of cancer on death row before being exonerated. At his table was Marty’s high school buddy, actor Tony Shalhoub, who looked like a stalking fan taking pictures on his phone when his lawyer-friend was honored for being poor and a hero. While people were asking Shalhoub for pictures and autographs, he was busy being enamored with Marty….

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Last week, we brought you the “weirdest job ad” of all time. Today, we’ve got a job ad that isn’t nearly as strange, but as our tipster put it, it’s “a bit off.” And our tipster is right. This might not be the weirdest job ad of all time, but it’s probably the most boastful.

With all of the hubbub about unpaid internships, you’d think that legal employers would start showing law students the money — but you’d be wrong. Because when you freely admit that you don’t have any cash, it’s hard to spread it around. Maybe that’s why this law firm is sacrificing applicants’ credentials for free labor.

Let’s check out a “unique posting” straight out of a law school in Flori-duh….

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I have successfully avoided jury duty since I moved back to New York in 2003, but this week they finally caught up with me. This week, I’ve had to perform my civic responsibility of sitting in judgment of my peers (like I don’t do that enough already).

Sorry, I had to “be available” to sit in judgement of my peers. Nobody is ever going to pick me for a jury. I blog about law for a living, hold two Harvard degrees, and have a checkered past. I’m not getting impaneled. Instead, I was just looking forward to the rare business day when I didn’t have to invent an opinion or listen to “the internet” pontificate on my weight.

Then the lady who seemed to be in charge of the proceedings told me that I was looking forward to three days of that. I went to protest, but Nurse Ratched told me to sit down and wait for my lobotomy. So i started paying attention to my surroundings — because blogging is how I cope with the slings and arrows of outrageous people asking me to behave like a normal person.

I’ll deal more directly with Nurse Ratched at another time. Today I got an up-close look at the voir dire process in a criminal trial. While I was not picked, I feel like my McMurphy-esque fingerprints will be all over the case.

Let’s take a look inside our clearly broken jury system…

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