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Criminal Defense

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Overhaul the Grand Jury System

Among my biggest complaints about the grand jury system — at least the way it is run on the federal level, which is similar to the way it is run in the state-level jurisdictions where I practice — is that the whole show is run...

When SunWolf speaks, gems emerge

Courtesy SunWolf: A criminal defense lawyer’s criminal defense lawyer, showing lawyers the powerful path to humanizing our clients, through storytelling, kindness to all, summoning our inner magic, and a reminder that “reality is no obstacle.” Dr. SunWolf — the great storytelling lawyer who proclaims that...

Watch out about opening doors

Often prosecutors are fond of proclaiming that defense counsel "opened the door." Which door is the prosecutor talking of, seeing that hundreds of thousands of doors exist within as little as a  mile radius of many courthouses. Paying homage to Lucy van Pelt, prosecutors of...

When may a prosecutor reopen the case in chief?

In the Fourth Circuit, "[t]he reopening of a criminal case after the close of evidence is within the discretion of the trial judge. See United States v. Walker, 772 F.2d 1172, 1177 (5th Cir. 1985); United States v. Molinares, 700 F.2d 647, 652 (11th Cir....

Expose police abuse far and wide

When police operate in the shadows, the risk increases that they will abuse suspects’ rights. After all, power corrupts, including when a cop has a handgun, taser, blackjack, billyclub, handcuffs, a badge, and the power of arrest, and the suspect has none of those. Praised...

Listen to your client, or else

After practicing criminal defense for many years, a lawyer can get jaded by some of the more cockamamie-sounding urgings from clients, including the absence of fingerprints when ten witnesses and five videocameras caught the double-killing, and the shooting defendant was then tackled and held until...

Jim Webb distinguishing self from Jack Webb?

Before now, nothing impressed me about Senator Jim Webb other than that he was less worse than George Allen of macaca-gate infamy. On March 26, 2009, Webb introduced the National Criminal Justice Act of 2009. It is good that more people than criminal defense lawyers...

Some cases just need to be tried

In what way is our payment of taxes for the salaries of uncaring and unjust prosecutors any different from Kevin Bacon’s imploring "Please sir, may I have another [whack on the butt]" in Animal House? Too often, prosecutors refuse to hear from my witnesses to help...

Being human, prosecutors can act like Lucy van Pelt

As liars go, Lucy van Pelt was a pro. How else did she repeatedly convince Charlie Brown to try to kick a football that she always pulled away a split second before his foot touched the ball? Being human, prosecutors, judges, criminal defense lawyers, and...