Prosecutorial Misconduct

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….

double red triangle arrows Continue reading “Benchslap of the Day: Kozinski & Co. Overturn a Murder Conviction”

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….

double red triangle arrows Continue reading “Benchslap of the Day: Justice Sotomayor Thinks You Should Turn Off Your Racist Light Bulb”

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…

double red triangle arrows Continue reading “You Hit An EMT? Yeah You Know Me!”

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….

double red triangle arrows Continue reading “‘Apparently Intoxicated’ Prosecutor Allegedly Takes a Literal Bite Out of Crime at an Adult Store”

Judge Carlos Bea

Judge Carlos Bea is one of my favorite members of the Ninth Circuit. He’s refreshingly conservative, on a famously (or infamously) liberal court. He has a fascinating personal history; how many federal judges can claim they were almost deported? He has an ancestral home — some call it a castle — in Spain, which he sometimes makes available to vacationing law clerks. And he tools about town in a vintage Rolls-Royce (which, rumor has it, he received as payment for legal work before he took the bench).

Well, it looks like one assistant U.S. attorney has some expensive tire marks on his back. Check out the epic benchslap that Judge Bea just dished out — not just to the poor prosecutor, but to the United States Department of Justice….

double red triangle arrows Continue reading “Benchslap of the Day: Say My Name, Say My Name”

Judge Matz

[T]his Court is compelled to find that the Government team allowed a key FBI agent to testify untruthfully before the grand jury, inserted material falsehoods into affidavits submitted to magistrate judges in support of applications for search warrants and seizure warrants, improperly reviewed e-mail communications between one Defendant and her lawyer, recklessly failed to comply with its discovery obligations, posed questions to certain witnesses in violation of the Court’s rulings, engaged in questionable behavior during closing argument and even made misrepresentations to the Court.

– Judge A. Howard Matz of the Central District of California, benchslapping federal prosecutors — and vacating the convictions, and dismissing the indictment — in a high-profile Foreign Corrupt Practices Act prosecution. (Gavel bang: Daniel Fisher.)

(Additional links and information about this case — if you do FCPA or white-collar criminal work, this may be of interest to you — after the jump.)

double red triangle arrows Continue reading “Benchslap of the Day: What Not To Do If You’re A Prosecutor”

Page 2 of 212