Prosecutorial Misconduct

* 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]

* 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]

As Chief Judge Alex Kozinski recently wrote, “There is an epidemic of Brady violations abroad in the land. Only judges can put a stop to it.”

But judges need to know about prosecutorial misconduct in order to do anything about it. The public needs to be made aware of this important issue as well.

Last week, I interviewed Sidney Powell, a former federal prosecutor who has written a new book — a book that pulls no punches when it comes to her former colleagues at the U.S. Department of Justice….

double red triangle arrows Continue reading “Prosecutors Run Amok: An Interview With Sidney Powell, Author Of Licensed To Lie”

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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