Criminal Defense
Humans are the only animal barred publicly from letting it all hang out
Why do so many people freak about public human nudity, about letting it all hang out, when nobody freaks out that all other animals walk around nude? The human lack of fur does not answer the question, because I can spot a male elephant from...
Treating the runaway witness as firmly and mercilessly as a rabid dog
At trial, cross-examining a runaway police officer can be dangerous. Ask the officer whether the alleged criminal incident was recorded by audio and/or video, and s/he might reply: “Recording was not necessary, seeing that officer A saw the defendant sell cocaine to a pedestrian, officer B...
Keeping one eye on the front door, another on the back door and another on the trap door: Trying multidefendant cases
All trials on behalf of criminal defendants have their own challenges and opportunities. Here are some significant challenges that will or might come the way of a criminal defense lawyer in a multidefendant case: The co-defendants’ lawyers must find as much harmonious effort as possible in...
Eliminating prosecutions by preventing prosecutor trial postponements
Most criminal defendants do not care how they win, just as long as they win. For most criminal defendants, a case dismissal is as good as an acquittal in most respects. Here are some key differences: An acquittal prohibits the defendant from being re-prosecuted for...
My hero Judy Clarke is on the defense team of Dzhokhar Tsarnaev
Judy Clarke stands behind the late Bob Rose (who is wearing an eyepatch), and two people to the left of my trial law hero Steve Rench. The rest of the photo is here. (1995, Thunderhead Ranch, Dubois, Wyoming); I am pictured around four people to...
Trials are war, and I bill accordingly
My first few years as my own boss, starting in 1998, were immediately filled with joy over achieving my longtime dream of having no boss but myself. A corollary to being one’s own boss is that I have no salary safety net. I am the...
Fight inventory searches tooth and nail
Police run the gamut of very intelligent to having spelling and grammar errors embarrassingly galore on their police reports. Sadly, plenty of otherwise intelligent criminal suspects think they can outsmart police. Even the most unintelligent police officer has the advantage over suspects by not being...
On representing “those people”, George Zimmerman, and the power of effective jury consultants
On July 18, I discussed the state of racial injustice and racial justice in America in the aftermath of George Zimmerman’s trial, and said to stay tuned for my views on the criminal defense aspects of the case. George Zimmerman’s complete acquittal has led to...
Band together, criminal defense lawyers, or suffer the consequences
One day, I called a criminal defense lawyer colleague in another county to ask about how to overcome some procedural hurdles peculiar to his county’s District Court judges in obtaining a trial date postponement. When I did not reach him, I spoke with colleague IIÂ in...
Chalk it up to the jury — not the judge — for chalking acquittal
If you have not before decided that the United States’ criminal "justice" system is overcriminalized, look no further than the recent San Diego vandalism prosecution against chalk protestor Jeff Olson. How can chalking be a crime, when it just washes away with the rain? How...
