Prosecutorial Misconduct

A potentially egregious abuse of the criminal justice system.

The Thinking Like A Lawyer podcast chats with Making A Murderer's Dean Strang.

This prosecutor allegedly used prostitutes 'hundreds of times' over the last five years.

Prosecutor denies FOIA request and lands in court.

Watch experts debate the pressing question of prosecutorial power.

California has had enough of shady prosecutors and is taking action.

* Is there a pattern of dishonesty in the Orange County, CA District Attorney’s office? [New York Times]

* Does a lack of SEC enforcement on clawback rules actually create a perverse incentive to manipulate earnings? [MarketWatch]

* Shocking news: Men admire their own work more than women do. I know that sentence is full of gender norms, but sometimes it is what it is. [TaxProf Blog]

* Is it ever okay for Biglaw associates to have privacy in the office? [What About Paris?]

* What you need to know right now in the world of legal tech. [CodeX]

* Thinking of using Google AdWords for your firm? Careful if you’re bidding on opposing counsel’s name, it could land you in ethical hot water. [Legal Profession Blog]

* What are the biggest threats for your corporate data? [Bloomberg BNA]

Meet the kind of person opposing bipartisan prison reforms.

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.

* 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 […]

* 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]

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

"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."

* 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?]

* “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]

* 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

* 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]

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

* 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]

* 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]