Prosecutorial Misconduct

The first rule of state court is: you do not talk about state court.

* Foreclosure attorney Bruce Richardson alleges that Hogan Lovells partner David Dunn hit him with a briefcase in front of a court officer. That’s how they roll in state court. (Expect more on this later.) [New York Daily News; New York Post]

* From cop killer to nomination killer: Mumia’s the word that stopped Debo Adegbile’s nomination to lead the Justice Department’s Civil Rights Division. [Washington Post]

* In happier nomination news, congratulations to former Breyer clerk Vince Chhabria, as well as to Beth Freeman and James Donato, on getting confirmed to the federal bench for the Northern District of California. [San Francisco Chronicle]

* It’s been a good week for amicus briefs. Congrats to Professors Adam Pritchard and Todd Henderson for getting the attention — and perhaps the votes — of several SCOTUS justices. [New York Times]

* How a Cornell law student got her father to foot the bill for half of her pricey legal education. [ATL Redline]

* As I predicted, the Ninth Circuit’s ruling in United States v. Maloney didn’t sweep the alleged prosecutorial misconduct under the rug by granting the government motion without comment. [The Atlantic]

* RACEISM™ alert: federal prosecutors allege that deputies to a North Carolina sheriff accused of racial profiling of Latinos shared links to a violent and racist video game. [Raleigh News & Observer]

* Speaking of mistreatment of Latinos, a recent Third Circuit decision spells good news for some immigrant communities. [Allentown Morning Call]

* Sarah Tran, the law professor who taught class from her hospital bed, RIP. [Give Forward]

Who says she’s not a career woman? This is ‘Biglaw partner leaving Ken for her paralegal’ Barbie.

* With the impossible body ideal of Barbie gracing the Sports Illustrated Swimsuit Cover, perhaps we should consider the positives that Barbie has contributed to women over the years. Missing is the rare, vacuous “math class is tough” Barbie. [The Careerist]

* A five-year-old writes the cutest response to the IRS. [TaxProf Blog]

* Professor busted for taking upskirt pics. His defense? How else was he going to prove the girls weren’t wearing underwear? Touché. Touché. [The Smoking Gun]

* The reasons to quit your Biglaw job. Now in listicle form! [Buzzfeed]

* The Supreme Court has a chance to take a stand against prosecutorial misconduct. Will they take it? [The Atlantic]

* If you’re violating your probation, be sure to videotape it and post it on YouTube. There’s no way your probation officer will see it. [IT-Lex]

* More insight into the world of contracting and America’s emerging economic model. [Law and More]

* On April 11-12, 2014, the Marquette University Law School will hold a symposium entitled “Judicial Assistants or Junior Judges: the Hiring, Utilization and Influence of Law Clerks.” Our own David Lat will be there, along with such luminaries as Judge Posner, Judge Sykes, Joan Biskupic, and Tony Mauro. [Marquette University Law School]

Uhh… my bad.

The big news in “Justice” today is a new report from Professor Samuel R. Gross of the University of Michigan Law School showing that exonerations of convicted criminals are on the rise. Gross used data from the National Registry of Exonerations to determine that 87 prisoners were freed from wrongful convictions last year, the highest number in decades.

In a way, that’s good news. More exonerations suggest that more resources are being spent going back over closed cases and freeing people based on new or better evidence. But the report is also chilling proof that our criminal justice system gets things wrong, all the time, and innocent people go to jail because of it.

Instead of being obsessed with conviction rates, state bars might want to look into prosecutorial f**k-up rates. Because it is better that ten guilty persons escape than that one innocent suffer…

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Elizabeth Wurtzel

* Elizabeth Wurtzel: “I am a lawyer. The first rule of law: All the promises will be broken. Attorneys could not be in business if people did not fail to do what they agreed to do all the time — and lawyers are very busy.” [Nerve.com]

* Laura Ingraham clerked for SCOTUS, so presumably she knows that Puerto Ricans are American citizens — right? [Media Matters]

* Chief Judge Alex Kozinski, known for zero tolerance of prosecutorial misconduct, has written the foreword to a new book on the subject. [Facebook]

* In addition to the one we mentioned yesterday, here’s another petition for the Obama Administration that’s aimed at addressing the student debt crisis. [WhiteHouse.gov]

* Thomson Reuters Concourse keeps getting bigger and better. [Thomson Reuters]

* Appellate law? In California? What’s not to like? Check out these job openings in the California SG’s office. [California Department of Justice; California Department of Justice]

* Want to know the backstory behind the awesome Jamie Casino Super Bowl ad? Keep reading….

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An en banc panel of the Ninth Circuit dropped one-liners, harsh mockery, and severe realkeeping for a little over an hour, and it’s entirely watchable because it’s so damn funny.

A federal prosecutor in California inserted a “fact” into his rebuttal that wasn’t in the record.

Overzealous prosecutor lies to get a conviction? To channel Ralph Wiggum, “that’s unpossible.” Now I can take off my old defense lawyer hat.

After the trial judge responded to these charges by shrugging his shoulders, the case wound its way to an en banc hearing of the Ninth Circuit, where a bevy of judges (including Chief Judge Alex Kozinski) rips into the government for sandbagging the defense out of a fair trial.

And it’s all on video….

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Legally Blonde is a movie that inspired many a ditzy sorority girl to apply to law school — obviously the appeal of wearing a pink power suit to court was just too great for them to resist. Let’s face it: whether you like it or not, Elle Woods has become an icon of sorts for a generation of women who never realized that they could be smart and pretty at the same time. For that reason (among many others), she was able to make it to the Final Four of our Fictional Lawyer Madness competition.

Is all people see when they look at you blonde hair and big boobs? Then it’s highly likely that you, too, can get into Harvard Law on a whim! What, like it’s hard?

Unfortunately, there are some legal issues that not even women like Elle Woods can talk themselves out of, and we’ve got a potpourri of disorderly conduct allegations for you to feast your eyes upon….

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Chief Judge Alex Kozinski speaking at Yale Law School last year.

Perhaps this should be “benchslap of a few days ago,” since it happened last week. But it’s never too late to read about Chief Judge Alex Kozinski, right?

This latest benchslap involves the Ninth Circuit setting aside a murder conviction. So you might expect the benchslap to be coming from a unanimous Supreme Court in a summary reversal.

But no. The benchslap — actually, make that benchslaps, plural — come from the Ninth Circuit. On the receiving end: the police, prosecutors, a state judge, and a federal judge. Names are named.

And I wouldn’t hold my breath while waiting for SCOTUS to reverse. This decision looks pretty safe….

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Justice Sotomayor: you wouldn’t like her when she’s angry.

As we recently observed, Justice Sonia Sotomayor could be thought of as the people’s justice. The Wise Latina is also the Warm Latina.

Justice Sotomayor shows up on Sesame Street as well as One First Street. She hugs little girls on her book tour. She hires law clerks from outside the top 14 law schools.

But you need to stay on her good side; if you tick her off, woe unto you. Let’s check out the Beloved World (affiliate link) — of pain — that Her Honor just inflicted on a federal prosecutor down in Texas….

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I’ve done some fairly unacceptable things whilst blackout drunk. Life is hard, and navigating this world fifteen to twenty Bud Lights in is nigh on impossible. I fell asleep on a train platform a few months ago. For instance. I was awakened by the bleating of the oncoming train’s horn. WAKE UP AND MOVE YOUR FEET FROM MY PATH BEFORE I CHOP THEM OFF, the train said. I moved them. Still have my feet.

This weekend, an assistant district attorney with the Brooklyn D.A.’s office allegedly lost something more important than his feet. His head. He allegedly lost his head, lost his cool, and probably stands to lose a whole lot more in the days to come.

Michael Jaccarino is the ADA’s name, and it took all the restraint the New York Post had not to scream in its headline, “Wacko Jacko On The Attacko.”

Y’see, Micael Jaccarino allegedly attacked a female EMT early Saturday morning…

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You know it’s going to be a great day when you get to write about allegations of attorney misconduct that took place at a store that markets itself as a “purveyor of adult accoutrements, toys and lingerie.”

Do you remember Courtney King, the Ice Miller attorney who allegedly told the police to Google her before she was arrested? Well, today we’ve got another tale of a female attorney who allegedly attempted to pull rank during what seems to have been a rather drunken escapade in Chicago. Trust me, girl, the hangover is going to be that much worse for a prosecutor who has become the prosecutee.

Just because you were allegedly causing a ruckus in an adult store doesn’t mean that you have to go all BDSM on everyone, and start biting people when you’re asked to leave….

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