All of us as judges have had life experiences that could be said to affect our perception of the cases that come before us. Some of us have served as prosecutors and others have not; some have experienced discrimination as women or minorities and others have not; some are intensely religious and others are not, and our religions vary…. These life experiences do not disqualify us from serving as judges on cases in which the issues or the facts are in some indirect way related to our personal experiences.
– Judges Marsha S. Berzon and Richard Tallman, in an elegantly written Ninth Circuit order explaining why Judge Susan P. Graber does not need to recuse herself from a capital murder case because her father was murdered 40 years ago.
Let’s see. How many completely unrelated topics can you fit into one federal appeals court ruling? How about a lead defense attorney who drank a quart of vodka during every day of a capital murder trial, a concurring opinion criticizing the majority opinion — not about the case itself, but simply on the ruling’s length — aaaand let’s throw in a Mark Twain quote for good measure.
That should do it! Introducing the ruling in Holsey v. Warden. It’s quite the odd duck, so let’s take a look…
Standing trial for allegedly stabbing your significant other to death is not where anyone wants to be. Being unable to afford your own atttorney adds a whole new layer of stress to the whole “on trial for murder” issue. Now, add to the mix a public defender who takes a photo of the underwear your family brought you to wear during trial and posts it to Facebook.
Americans of a certain age (i.e., older than me) almost certainly remember MacDonald, whose story was told and endlessly picked apart on television, in Fatal Vision by Joe McGinniss, and The Journalist and the Murderer by Janet Malcolm. But Morris’s new book is perhaps the first serious investigative look at the idea that MacDonald may very well be innocent.
Morris’s book, which has already garnered positive reviews in the New York Times and the Atlantic, is at once a thrilling true crime story and challenging philosophical look at the tricky nature of facts and the importance of narrative in the American legal system.
Let’s hear more about the book and chat with Morris….
Michelle Kosilek and Justice Ginsburg: separated at birth?
In this case, Kosilek has proven that he still has a severe gender identity disorder. Although female hormones have helped somewhat, he continues to suffer intense mental anguish because of his sincere and enduring belief that he is a female trapped in male body.
That anguish alone constitutes a serious medical need. It also places him at high risk of killing himself if his major mental illness is not adequately treated.
Mr. Plum in the observatory with the … Little Buddy?
Well, this is chilling. We’ve heard a lot recently about the privacy implications of warrantless wire tapping. But this is the first we’ve heard of a murder allegedly committed with the help of a GPS device designed to help parents keep track of their children.
A man is currently facing trial for allegedly shooting his wife’s lover after following her with a Little Buddy GPS device.
And to think, normal people feel bad after occasionally creeping around an ex’s Facebook profile….
* These are some sad times in Texas, y’all. It really hasn’t been a very good week for the Lone Star state in the courts. First their redistricting plan got thrown out, and now their voter ID law has been struck down. [CNN]
* Jeh Johnson of the Defense Department may take legal action against the former Navy SEAL who wrote a book about the Osama bin Laden raid, calling it a “material breach” of duty. Must be good; go buy it! [CBS News]
* Bros will be bros: disbarment has been recommended for an attorney who failed to disclose to clients that he had been suspended for banging an underage chick who worked at his office. [National Law Journal]
* Here are 15 Northeast law schools ranked by employment rate. After getting excited that mine was on the list — albeit dead last — I realized I’m seriously a low expectation havin’ motherf**ker. [Boston Business Journal]
* George W. Huguely V, the UVA lacrosse player who beat his girlfriend to death, was sentenced to 23 years in prison. Distasteful joke alert: for his sake, we hope the prison uniforms have poppable collars. [Bloomberg]
* A Maryland lawyer with autism and Sensory Processing Disorder has created a way for people to stop getting up in your personal space while riding public transportation. Say hello to the Sensory Shield! [Huffington Post]
* Dewey know how much it costs to keep this failed firm on life support while its remaining partners try to collect D&L’s unpaid bills? A little more than $2M a month, according to the latest reports. [WSJ Law Blog]
* Former Missouri senators — including two Am Law 200 partners — are asking begging Rep. Todd Akin to step aside so the Republicans’ chances of securing the Senate seat aren’t legitimately raped. [Am Law Daily]
* Howrey going to explain this one to the judge? The defunct firm is blaming a deadly forklift accident at a document-storage warehouse for hindering its wind-down process. [Bankruptcy Beat / Wall Street Journal]
* “No matter what they said, it’s not material? Is that what you’re alleging?” It figures that a Skadden partner argued that employment statistics were irrelevant in the fraud class action suit against Brooklyn Law School, but at least the judge attempted to set him straight. [National Law Journal]
* Alaska is suing to overturn federal oversight of its elections, because the portions of the VRA aimed at protecting African Americans aren’t applicable if you can see Russia from your house. [Chicago Tribune]
* An official at ICE is suing because his boss, a woman, allegedly “created a frat house-type atmosphere that is targeted to humiliate and intimidate male employees.” Pledging totally sucks, bro. [New York Times]
* Psst, we think we know what Victoria’s secret is, and she’s no angel. According to police, she’s got a very bad temper, and if you deny her money for booze, she may strangle you to death with her bra. [Daily Mail]
[A]lthough we do not condone Pori’s conduct where he improvidently overscheduled himself and then tried to pick and choose which cases he would try, the contempt judgment is void due to technical procedural noncompliance, and the imposition of sanctions . . . is not supported by the record.
We mentioned yesterday morning that James Holmes, the accused Batman movie theater shooter, had been seeing a psychiatrist at the University of Colorado, Denver, who was so alarmed by his behavior that she contacted the University’s “Threat Assessment” team.
Following that revelation, commentators are now asking if the University of Colorado could face duty to warn liability in the wake of the shooting. Let the hypothesizing begin…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: email@example.com.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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