Prosecutorial Misconduct

  • Prison sad

    White-Collar Crime

    Gamely Justifying Sentences Everyone Else Thinks Are Wrong

    Meet the kind of person opposing bipartisan prison reforms.

    30 Comments / / Jul 23, 2015 at 9:38 AM
  • SAWcrop4045a-277x370

    Legal Ethics

    Charleston Shooting Prosecutor Hit With Ethics Violations? FOIA Request Seeks Answers.

    Amid reports that the prosecutor in charge of the Charleston shooting case earned disciplinary action, a FOIA request seeks all prior complaints and actions against her.

    4 Comments / / Jul 16, 2015 at 2:29 PM
  • I am John, and I speak for the billables.

    Non-Sequiturs

    Non-Sequiturs: 07.10.15

    * The slashing of the Quinn Emanuel summer program gets the Dr. Seuss (a great legal inspiration in his own right) treatment. And from what we hear, John Quinn likes this cartoon so much he wants to buy the image. [The Recorder] * Prosecutors subpoena a 3 month old girl to testify. When informed of […]

    18 Comments / / Jul 10, 2015 at 6:00 PM
  • Clarence Thomas LF

    Non-Sequiturs

    Non-Sequiturs: 06.24.15

    * Justice Thomas parted with his conservative brethren on the Confederate flag case, but was it a product of his experience as an African-American? Don’t bet on it. [The Volokh Conspiracy / Washington Post]

    * A jury awarded $500,000 to a patient after doctors mocked him while anesthetized. For example, the anesthesiologist said, “I wanted to punch you in the face and man you up a little bit.” Maybe it’s me, but if he sued over that, it sounds like he absolutely deserved that punch in the face. [MedCity News]

    * This title says it all, “I Am An Adjunct Law Professor Who Teaches Five Classes. I Earn Less Than A Pet-Sitter.” [TaxProf Blog]

    * Have you ever wondered how blind people perceive and experience race? Really interesting findings from Professor Osagie K. Obasogie of UC Hastings Law. [Buzzfeed]

    * This may come as a shock, but a report finds that prosecutors cared more about securing convictions than protecting the public. [The Times-Picayune]

    * When we say the immigration system is broken, this is what we mean: 15-year resident with a Columbia Law degree about to be deported. [Vox]

    * In honor of the anniversary of Jaws last week, an examination of Quint’s legal duties to Brody and Hooper. When you consider his potential liability, perhaps he was better off getting eaten. [The Legal Geeks]

    * Federal government paying to scour sewage in Washington state to learn about pot usage post legalization. Note to federal government: they’re the dirty hippies, not you. [Seattle Times]

    34 Comments / / Jun 24, 2015 at 5:30 PM
  • Gavel with American Flag

    White-Collar Crime

    The Constitution Applies Even in Texas

    A white-collar defense attorney secures the release of a man sent to death row by a crooked system.

    33 Comments / / Jun 11, 2015 at 9:58 AM
  • benchslap

    Technology

    Judges Call Out Prosecutors For Overreach; Call Out Third Judge For Suggesting Courts Shouldn’t Challenge Government

    “Unlike judges, such as our concurring friend, who apparently believe it is never appropriate… to express reservations or disapproval of manifestly irregular, if not illegal, “strategic choices” by prosecutors, I believe judges need to say more, not less.”

    4 Comments / / Jun 5, 2015 at 10:02 AM
  • sexy anonymous lawyer LF

    Non-Sequiturs

    Non-Sequiturs: 05.29.15

    * Out-of-state mistress had insufficient contacts with the state for wife’s alienation of affection tort. Hos in different area codes: it’s not a saying, it’s a legal doctrine. [Legal Profession Blog]

    * The Orange County D.A.’s office took withholding evidence to a whole new level. Actually, probably more frightening, this behavior probably isn’t all that uncommon. [Slate]

    * Lawyer making six figures lectures law school grads about how they need to take public service jobs. [The Legal Watchdog]

    * Prince Harry’s ex has left Allen & Overy. What’s the next career move for Chelsy Davy? DJ. Rich people make the best life decisions. [Legal Cheek]

    * All the ways that FIFA allegedly hid bribes. When it comes to hiding, I thought soccer would never top an NBCSN contract. [Screamer / Deadspin]

    * The Dersh talks about becoming a great litigator and discusses where his current legal battle stands. [In the Benches]

    * Why fight in court if the courts are so unfair? [Katz Justice]

    * On Tuesday, the Intelligence Squared debate series will tackle marriage equality, debating whether the Equal Protection clause requires states to issue same-sex marriage licenses. There are still tickets available if you wish to attend. [Intelligence Squared]

    * What will life look like after Earth’s next mass extinction event? And will they need lawyers? [What About Clients?]

    4 Comments / / May 29, 2015 at 4:57 PM
  • mm_end_frame-0-1280-0-1024

    Non-Sequiturs

    Non-Sequiturs: 05.15.15

    * “What Law Firms Can Learn From the Business Decisions of ‘Mad Men.'” I’m hoping the answer is “more drinking on the job.” [Legal Times]

    * Hillary Clinton pledges to nominate SCOTUS justices who will overturn Citizens United. And if you agree with her, she’ll gladly accept your unlimited donations to her *wink* unaffiliated SuperPAC. [Jezebel]

    * Seema Iyer talks about one of our favorite recent cases, Driskell v. Homosexuals. [MSNBC]

    * Sometimes getting fired can be a positive. As they say the Chinese word for crisis contains the word “opportunity.” Crisitunity. [Wisconsin Lawyer]

    * A great detailed piece on California’s recent decision to grant a law license to Hong Yen Chang, the Columbia Law grad denied his license over 100 years ago on the grounds of his “Mongolian nativity.” [Bloomberg BNA / Big Law Business]

    * Bad: Being wrongfully convicted. Worse: The system strong-arming the wronged into signing away their right to compensation. [LFC 360]

    * Should graduate students and adjuncts unionize? Depends. Do they want to be exploited by an unappreciative institution until their souls are sucked dry? Yes? Then no. [New York Times]

    * Sen. Toomey wants Judge L. Felipe Restrepo on the Third Circuit. Maybe he should start talking to his obstructionist colleagues instead of whining to the paper. [Constitutional Accountability Center]

    * PacerPro to automatically retrieve documents referenced in notices of electronic filing from PACER. That can help cut down on some mistakes… eh, Sidley Austin? [Law Sites]

    * Thomson Reuters has a new social network for small law firms. For every post, users can push a little “thumbs up” icon to express, “I [and my successors, assigns, and heirs of my body, indicate my generally warm feelings, reserving all rights to reverse or withdraw this endorsement at any time for any reason whatsoever notwithstanding any prior representations] This!” [Legal Research & Writing Pro]

    * The 2015 World Championship BBQ Cooking Contest in Memphis is this weekend. How does that relate to ATL? Bob Cornish, a D.C.-based attorney at Phillips Lytle LLP and a trained and certified expert in BBQ is a judge. [Memphis In May]

    8 Comments / / May 15, 2015 at 5:17 PM
  • "I told them not to fill the balls with Helium!" (Photo by Keith Allison via Flickr)

    Non-Sequiturs

    Non-Sequiturs: 05.14.15

    * The NFLPA is appealing the 4-game suspension Tom Brady received in the wake of the Wells Report. It’s more probable than not that he’ll lose. [CNN]

    * Lawyer tackles his own client trying to flee the courtroom. Great, now litigators have to start worrying about the long-term effect of concussions. [Legal Cheek]

    * New rankings are out and Thomas M. Cooley Law School (or WMU or whatever) is NUMBER 1! Seriously. For real. Find out why… [Georgetown Law via TaxProf Blog]

    * The Wright Brothers: The Original Patent Trolls. [Concurring Opinions]

    * Are you into spy thrillers? What about lengthy treatises on standing? Well, then you’re in luck. [Dorf on Law]

    * A Washington prosecutorial office rocked by misconduct allegations. Ho hum, prosecutors break the rules. But the source — a whistleblowing veteran prosecutor — is a new twist. [The Open File]

    * The jury is deliberating on Dzhokhar Tsarnaev’s fate in the Boston bombing trial [Law and More]

    * The final two items both focus on agricultural regulations. First, a look back at the life of Roscoe Filburn, the wheat farmer at the center of Wickard v. Filburn. Now I’ll never not see Homer Simpson when I think of that case. [Lawyers, Guns & Money]

    * Second, if you aren’t following the raisins takings case, basically the government takes a share of the annual raisin crop for its own use… without compensating the growers. Put aside the constitutionality, that’s startlingly inefficient when the government encourages farmers to shift away from a crop the government needs. Here’s a video about the farmers at the center of the case. [YouTube]

    https://www.youtube.com/watch?v=HFbzLPJtYPE

    3 Comments / / May 14, 2015 at 5:18 PM
  • typos

    Non-Sequiturs

    Non-Sequiturs: 03.09.15

    * Pretty significant typo… [Legal Cheek]

    * King v. Burwell plaintiffs’ attorney Michael Carvin of Jones Day has some interesting things to say about Obamacare. Like being sure to characterize the law as the product “by living white women and minorities,” which in some circles constitutes throwing shade. Racist circles. [Talking Points Memo]

    * South Carolina makes its potential magistrate judges take the same Wonderlic test given to potential NFL draft picks. The justice system is even based on football down there. I assume occasionally they’ll let a defendant think they’ll get off and then give him the chair and the jury yells, “CLEMSON!” [Lowering the Bar]

    * We take a break from our regularly scheduled NS segment, “Louisiana Seems Crazy,” to bring you a great idea out of Louisiana. Effective May 1, lawyers can earn their CLE hours by doing pro bono work. Brilliant. More substantive legal work to fill a huge need and less garbled streaming video. [New Orleans City Business]

    * OK now back to regularly scheduled programming: arrest warrant issued for New Orleans lawyer accused of intentionally triggering a mistrial by refusing to participate in jury selection. I think Perry Mason did that once. It was one of the more obscure episodes. [Nola]

    * Leave it to the people who wield the awesome punitive power of the state to be the first to give themselves a get out of jail free card. [USA Today]

    * Richard Hsu scores an interview with Jon Lindsey of legal recruiting firm Major, Lindsey & Africa. Apparently, the busy founding partner Lindsey really knows how to juggle things. Literally. [Hsu Untied]

    * History buffs out there may recall that Emperor Augustus instituted a bunch of moral reforms during his reign that really only succeeded in revealing that his daughter was a total whore. But what if the Emperor’s prude rules actually helped solidify his broader goals? [Law & Humanities Blog]

    10 Comments / / Mar 9, 2015 at 5:03 PM
  • Escape From Prison

    9th Circuit, Alex Kozinski, Quote of the Day

    Ninth Circuit Orders Release Of Man Due To Prosecutorial Misconduct

    Check out the video; arguing this case probably wasn’t fun for the government lawyer.

    25 Comments / / Feb 2, 2015 at 3:46 PM
  • The first rule of leaving Latham...

    Non-Sequiturs

    Non-Sequiturs: 01.26.15

    * Another benchmark in the Ninth Circuit’s ongoing war against prosecutorial misconduct: a panel of judges — Kozinski, Wardlaw, and Fletcher — suggest trying prosecutors for perjury. [New York Observer]

    * Lawyer and blogger Eric Turkewitz finds himself in the New York Post’s Page Six gossip column. Just what was he doing with Selena Gomez while Justin Bieber wasn’t looking? [New York Personal Injury Attorney Blog]

    * Kristine Sperling left her position as a senior associate at Latham to start her own organic soap company. And, I’m assuming, an underground fight club. [Good Day Sacramento]

    * Saks has finally figured out that its stance on transgendered people wasn’t winning it any friends and withdrew its filing. [Jezebel]

    * The 2015 Social Media Subpoena Guide. Everything you need to know about getting all their best cookie recipes off Pinterest. [Associate’s Mind]

    * Tom Petty’s lawyers “Won’t Back Down” and now he’s getting royalties for that Sam Smith song. [Consequence of Sound]

    * Which law professor rules the Twitterverse? A comprehensive numerical analysis provides the answer. [Ryan Whalen]

    * A new, easy to use online version of the Federal Rules of Civil Procedure. If you’re into that kind of thing. [Federal Rules of Civil Procedure]

    * More accolades for Supreme Ambitions (affiliate link). But you already know how good it is because you already have your copy, right? [The Florida Bar Journal]

    20 Comments / / Jan 26, 2015 at 5:02 PM
  • lottery

    Non-Sequiturs

    Non-Sequiturs: 12.11.14

    * A registered sex offender wins the lottery. $3 million buys a lot of windowless vans. [Orlando Sentinel]

    * Judge to federal prosecutor: “You’re branded as a liar and you’ll remain a liar for the rest of your life.” [New York Observer]

    * A New York lawyer has been arrested and charged with running down 5 people in Herald Square. Alcohol and crack pipes are involved. And topless selfies. Look, you’re going to see more on this from Staci in the morning, so just sit tight. [Inquisitr]

    * If you want to live in a mansion, all you need to do is forge a few documents. [Gawker]

    * The Supreme Court of Canada says cops can search your phone when they arrest you. But only to check the Habs score. [Ars Technica]

    * Another installment of Posner on Posner. This time focusing on the First Amendment. [Concurring Opinions]

    * This week we learned there’s a thing called “rectal feeding.” Professor Michael Dorf on why it’s totally a war crime. [Dorf on Law]

    * How many law schools will close by 2020? [TaxProf Blog]

    * Want to be on the LSAC Board of Trustees? It’s not like they have any glaring problems that require a leadership change. [LSAC]

    33 Comments / / Dec 11, 2014 at 5:04 PM
  • Cooley Law Logo USE

    Non-Sequiturs

    Non-Sequiturs: 11.21.14

    * A breakdown of Thomas M. Cooley’s bar passage rate. It’s… about as depressing as you’d expect. [Third Tier Reality]

    * Rapper being prosecuted on the argument that he benefitted from gang activity because the gang’s exploits made his rap music more popular. What the hell? [Popehat]

    * The state of the clerkship hiring process gets mixed reviews from Yalies. [Yale Daily News]

    * UNC is looking for a new dean. You know, if you’re interested in becoming a dean. [The Faculty Lounge]

    * The Flash and res ipsa loquitur. [The Legal Geeks]

    * Fun fact: people interested in the law also seem to love anchovy paste and Destiny’s Child. At least in the U.K. [Legal Cheek]

    * The Marshall Project, a nonprofit, nonpartisan news organization devoted to criminal justice reform, just went online. Check ‘em out. [The Marshall Project]

    * Don’t overdo it when you go about “thinking like a lawyer.” [Law and More]

    * The long-running, racist soap opera in Manhattan state court takes a new turn. After playing a key role in the events that led to the ouster of the top aide to the New York County Clerk, Justice Milton Tingling has applied to be the new New York County Clerk. [WiseLaw NY]

    * In light of Speaker Boehner’s new lawsuit over Obamacare, this is a good time to look back at this interview with Laurence Tribe evaluating Boehner’s chances. [Coverage Opinions]

    15 Comments / / Nov 21, 2014 at 5:16 PM
  • Judge Alex Kozinski

    Alex Kozinski, Crime, Federal Judges, Quote of the Day

    Prosecutors Need To Get Religion About Disclosure Obligations

    What changes should be made when it comes to disclosure of evidence in criminal cases?

    15 Comments / / Nov 19, 2014 at 3:35 PM
  • prison prisoner jail convicted criminal

    Crime, Law Schools, Prisons, Quote of the Day

    Criminal Justice Is Not An Omelette

    A law school invites prosecutors for a frank discussion of wrongful convictions.

    26 Comments / / Nov 12, 2014 at 3:20 PM
  • iStock_000001567249_Small-RF

    Crime, U.S. Attorneys Offices, White-Collar Crime

    An AUSA Has His 82 Year-Old Neighbor Arrested Over A Dispute About A Fence

    For a federal prosecutor, every legal problem becomes, at some point, a criminal case.

    12 Comments / / Aug 28, 2014 at 10:11 AM
  • stun gun

    Copyright, Legal Ethics, Non-Sequiturs

    Non-Sequiturs: 08.22.14

    * A Maryland judge ordered a court officer to deliver an electrical shock to a defendant. What the hell? [Baltimore Post-Examiner]

    * Be less of a lawyer. [Medium]

    * New York agrees to pay out $10 million to wrongfully convicted man. He may be gone, but former D.A. Charles Hynes is still costing the city money. [New York Times]

    * Sentence requiring former Supreme Court justice to write apology letters to every judge in the state on a picture of her in handcuffs struck down as “unorthodox gimmick.” Now she has to write the letters on regular paper because apparently the apology letter part was an “orthodox gimmick.” [Penn Live]

    * The public domain is awesome. [Clickhole]

    * Lawyer accused of asking office manager if she wanted a “Dirty Sanchez.” Does anybody ever answer yes to that question? [Barstool Sports]

    1 Comment / / Aug 22, 2014 at 4:32 PM