DNA

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.

* Who are the real victims of insider trading? It’s the Duke brothers, duh. [DealBook / New York Times]

* Judge Ellen Huvelle has ordered the government to turn over to her an executive order that the feds claim is subject to executive privilege. Judge Huvelle rejected the administration’s argument that privilege exists because, “we don’t want to give it to you.” [Politico]

* Pepper Hamilton has joined the greener pastures of Silicon Valley, opening an office with three partners poached from Goodwin Procter. [Reuters Legal (sub. req.)]

* Speaking of poaching, Martin Dunn, former deputy director of the SEC and O’Melveny partner is joining Morrison & Foerster. [The Blog of the Legal Times]

* And while we’re at it, M&A partner Sean Rodgers has left Simpson Thacher to merge with Kirkland & Ellis. [The AmLaw Daily]

* Publisher ALM (The American Lawyer, Corporate Counsel, The National Law Journal, The New York Law Journal) has a new technology partner and hopes to boost its readership. If they want to boost their readership, wouldn’t starting a new law school be a better investment? [Talking Biz News]

* Conservative groups are miffed about video of this Democratic party lawyer “attacking” a Republican at the polls and trying to “steal” an election. It seems like he put his hand over the lens of a camera phone, but sure, this is exactly like telling minorities the wrong day to vote. [Bearing Drift]

* The Amanda Knox case has a trade secret component as a battle rages over DNA testing technology. [Trade Secrets Watch / Orrick]

Jackson County Court Clerk Sharon Snyder, 70, was a mere nine months from retirement when she was unceremoniously fired for insubordination. Her rebellious act consisted of pointing someone to a publicly available document.

An inmate who was trying, and failing, to file a simple motion was given a successful motion to use as a model. His motion was granted, he was exonerated, and like the aging cop archetype of film — dramatically killed just before his scheduled retirement — Snyder got canned after 34 years of working in the courthouse.

Now the justice system is once more desperately trying to spin why it punishes people for being right…

double red triangle arrows Continue reading “Court Clerk Helps Free Innocent Man and Gets Fired For Her Effort”

* Authorities are exhuming the Boston strangler suspect to attempt to match his DNA with a sample recovered from a victim killed almost 50 years ago, highlighting advances in DNA harvesting technology. In other news, COBRA Command claims that Project: Serpentor is moving along nicely. [NY Times]

* Ninth Circuit Judge William Fletcher dissents in the case of Deere v. Cullen. Judge Fletcher writes: “The majority holds that a judge suffering from dementia may sentence a man to death.” He’s so unreasonable. [PrawfsBlawg]

* The Texas student that Tamara Tabo wrote about this morning, whose arrest for making terrorist threats sparked a Facebook phenomenon, has been released on bail. [The Blaze]

* Kash Hill reports on the decision in the Sarah Jones case. The former cheerleader and current paralegal won $338,000 in her defamation suit. [Forbes]

* The advent of a new job in the field of sex work: The “Coparazzi,” documenting cop mistreatment of sex workers. This job title is offensive because it suggests that the Paparazzi are doing something admirable. [Jezebel]

* An argument for compromising reputation for scholarship money when selecting a law school. As one of the commenters on the article (steponitvelma) put it: “Congratulations. How wonderful.” [The Billfold]

* Women are realizing that husbands are crimping their style. [The Careerist]

Well, they give zero f**ks. Not a single one.

They’re wearing a ridiculous piece of fashion because they do not care about your opinion. Remember Gordon Gee? Bill Nye? Donald Duck?

And this universal truism was reaffirmed when the 93-year-old former justice took the stage before a giant gathering of liberal lawyers, jurists, academics, and law students, and patiently told them how wrong they are about DNA and the Fourth Amendment.

This is what happens when you invite Republicans to speak…

double red triangle arrows Continue reading “Justice Stevens Address: Guys Who Wear Bow Ties…”

* Washington is facing an unexpected issue with its new marijuana laws: training all the drug-sniffing dogs not to go crazy over pot. [Volokh Conspiracy]

* Maryland v. King, but with more Betty Draper. [Eff Yeah SCOTUS]

* The International Trade Commission has banned the importation of older iPhones and iPads for patent infringement based on a standard-essential patent. Don’t know what that means? Well, it’s kind of a big deal. [FOSS Patents]

* A federal judge likens herself to the Hulk because she lengthens sentences over the objections of prosecutors. When we first wrote about Judge Rose, Staci felt the one Senator voting against her confirmation needed a good reason. This is that reason. [Des Moines Register]

* Student trolls law professor to get grades posted before she can finish the professor’s book. The race is on! [Josh Blackman's Blog]

* As previously mentioned, THE Ohio State University President Gordon Gee was in hot water. Now he’s been s**tcanned retiring. Louisville basketball coach Rick Pitino declared Gee a “pompous ass.” One tipster noted, “Pitino Rick is an expert on the subject of pompous. Restaurant Sex too.” [CBS Sports]

* Lots of lawyers are former debaters. If you are looking to give back, there’s a new organization trying to raise money for high school debate in Kalamazoo. I mention this partly because I care about the cause, but mostly because I like writing Kalamazoo. [Go Fund Me]

* After reviewing the mindblowingly crazy BARBRI lecturer vid yesterday, Themis sent us a couple of their bar prep vids. Enjoy after the jump…

double red triangle arrows Continue reading “Non-Sequiturs: 06.05.13″

Justice Kennedy announced the majority opinion in a long anticipated case today. It was met with a blistering dissent by Justice Scalia.

Unfortunately for most Court watchers, it was not the opinion in Fisher v. University of Texas, the latest in the Court’s attempts to resolve whether affirmative action in higher education is constitutional. Some observers expressed annoyance.

Instead, the Supreme Court issued a ruling in Maryland v. King, which Justice Alito previously identified as potentially the most important law enforcement decision in decades. The Court held that the police can take your DNA any time you’ve been arrested for a “serious” crime.

But the real fun was in the dissent….

double red triangle arrows Continue reading “The Police Can Take Your DNA Now, and Justice Scalia Doesn’t Like It”

Yesterday, with hours to spare, the Mississippi Supreme Court stayed the execution of Willie Manning by a vote of 8-1. The stay was granted based on letters from the Department of Justice casting doubt on the scientific value of testimony from FBI experts at the trial almost 20 years ago.

The lone dissenter, Justice Mike Randolph, outlined his interest in putting someone to death immediately over the objections of the Department of Justice and its FBI experts. The decision reads like satire, making the case for the stay stronger than any majority opinion could. Oh, and then there’s some conspiracy rantings about the Obama Administration because, you know, Mississippi…

double red triangle arrows Continue reading “You Stay Classy, Mississippi Supreme Court Justice Mike Randolph”

My wife bought me a bottle of Johnnie Walker Blue to celebrate the birth of our child. I had a glass; dear God it was delicious. It tasted smokey.

Anyway, later my boys came over and we had a party and… all the whiskey disappeared. That’s how it felt. Not like we drank it and had a good time… Just that the alcohol evaporated. Along with my shoes. And my boy’s pipe.

Saying that the alcohol “evaporated” is a reasonable explanation of the feeling you get from drinking through an expensive bottle of happiness. It seems like a less good defense to a charge of theft…

double red triangle arrows Continue reading “Caretaker Either Drinks Or ‘Evaporates’ $100K Worth Of Whiskey”

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