Prosecutorial Misconduct

  • 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]

    * Thompson 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
  • Chief Judge Alex Kozinski NACDL

    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
  • O. Henry considers the ramifications of rain on his wedding day.

    Health Care / Medicine, Intellectual Property, Non-Sequiturs

    Non-Sequiturs: 08.12.14

    * Intellectual property lawyer chastised for plagiarism. Repeatedly. As they say, it’s like O. Henry and Alanis Morissette had a baby and named it this exact scenario. [Retraction Watch]

    * Legislator blocks an award to a wrongfully convicted man who served 11 years in prison because he thinks the guy should just feel lucky that he got released. His reasoning will surprise you… mostly because he doesn’t really offer any. [The Arkansas Project]

    * Mike Spivey of Spivey Consulting is racing a 5K on Vail Mountain (at an elevation of 10,000 feet) as a fundraiser for Law School Transparency. Give your donations here. [Fundrazr]

    * The family of the woman who posed for the iconic advertising character Aunt Jemima have sued alleging that the pancake peddlers screwed the model out of her duly earned money. [TMZ]

    * A mystery woman has been sitting in an Ohio jail cell for weeks after trying to use false documents to get a driver’s license. Now it turns out that she’s a disgraced lawyer that we’ve heard of before…. [WINK News]

    * The seeds of Halbig were sown a really long time ago. It’s a wonderful window into how a cynical gang of people make their plans. [Constitutional Accountability Center]

    * Our friends from Aukland Law School that have given us parody videos of Royals and Blurred Lines have tackled House of Cards and adapted it to making your way into Biglaw. If you were wondering what a New Zealand accent impersonating Kevin Spacey impersonating a Southern accent would sound like, the video is after the jump…. [YouTube]

    5 Comments / / Aug 12, 2014 at 4:58 PM
  • money pocketed by man in suit 2

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

    Did An AUSA Knowingly Produce a Forged Document Just to Get a Forfeiture Judgment?

    A “reproduction” is the same as “just making up stuff on a home computer,” right?

    8 Comments / / Jul 31, 2014 at 11:50 AM
  • intimate young couple during foreplay in bed

    Baseball, Crime, Food, Non-Sequiturs, Rape, Sports

    Non-Sequiturs: 06.25.14

    * The legal price of adultery has apparently gone down. That’s good news if you’re trying to keep your motorcycle. [Verdict]

    * The title is “Apply to Law School Now!” No. Seriously, don’t. [Slate]

    * Professor David Bernstein says of Gawker: “So you can see how the headline is false on multiple levels but it certainly provides clickbait for Gawker.” The initial story Bernstein wrote kicking this off was: “YOU are a rapist; yes, YOU!” But, yeah all caps and exclamation points is in NO WAY click-baiting (oh, and it was also hyperbole on many levels). [The Volokh Conspiracy / Washington Post]

    * Barry Scheck was brought on as an expert to review the conviction that formed the subject of Capturing the Friedmans (affiliate link). Let’s just say he’s brought a different angle to it than the D.A.’s internal review. [WiseLaw NY]

    * Federal judge nixes the infamous “no-fly list” for denying due process. Looks like a certain judge is going to have a hard time leaving PDX next time. [The Oregonian]

    * If you’ve long feared injury from flying foodstuffs at baseball games, worry no more. [ABA Journal]

    * Gifts for the Homeless is hosting a Battle of the Law Firm Bands in Washington, D.C. tomorrow. Be there or be square. [Crowdrise]

    16 Comments / / Jun 25, 2014 at 4:30 PM
  • Love_guru

    Biglaw, Law Schools, Non-Sequiturs

    Non-Sequiturs: 05.29.14

    * A court in India has been asked to decide if a Hindu guru is dead or in a really, really deep meditation. In related news, Mike Myers is arguing to studios that The Love Guru was just “deeply meditating” at the box office. [The Telegraph]

    * Patton Boggs, or Squire Patton Boggs more accurately, is losing its health care policy group to Akin Gump. Remember when Patton Boggs had lobbyists? [Legal Times]

    * Take the “doctor” out of Juris Doctor and make law an Associate’s Degree. Sound crazy? Well, there are some good points in this quasi-satirical look. [The Legal Watchdog]

    * A crocodile was injured by an overweight accountant. That is all. [TaxProf Blog]

    * We’ve written before about the ongoing effort in Dallas to overturn wrongful convictions, but now that model is starting to pick up steam and reach other cities. [Christian Science Monitor]

    * Aspiring writers: don’t miss the AAWW Publishing Conference, taking place in New York on Sunday, June 8 (discount code for ATL readers: “aawwfriends”). [Asian American Writers Workshop]

    1 Comment / / May 29, 2014 at 5:01 PM
  • perjury lying fingers crossed RF

  • lawyers fighting fight club

    3rd Circuit, Deaths, Department of Justice, Federal Government, Federal Judges, Immigration, Judicial Nominations, Law Professors, Law Schools, Minority Issues, Morning Docket, Racism, SCOTUS, Securities Law, Supreme Court, Video games, Violence

    Morning Docket: 03.06.14

    * 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]

    4 Comments / / Mar 6, 2014 at 9:35 AM
  • Who says she's not a career woman? This is 'Biglaw partner leaving Ken for her paralegal Barbie.'

    Biglaw, Clerkships, Contract Attorneys, Crime, Guns / Firearms, Non-Sequiturs, Rap, Richard Posner, Sex, Sexual Harassment, Supreme Court, Tax Law, Technology, Tony Mauro, Women's Issues

    Non-Sequiturs: 02.19.14

    * 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]

    0 Comments / / Feb 19, 2014 at 5:57 PM