Criminal Defense
Will I win or lose?
Fellow criminal defense blogger Shawn Matlock recently blogged about handling potential clients’ and actual clients’ inquiries about whether they will win. Here is my comment on the matter: My short answer it to be honest with the potential client, and the actual client, about your ability and...
Breathing life into the justification defense
A convicted felon confronts a handgun being waved in his face. He disarms the gun wielder, and acts as expeditiously as possible to turn the gun over to the police. He has been confronted by Hobson’s choices: (1) either seize the handgun and face violating...
It’s not how you dress, but how you persuade
Adam Levin at Southern Criminal Law e-mailed criminal defense lawyers “whose blawgs I frequently read” for tips on practicing criminal law for newer lawyers and for those transitioning to solo practice. Here are my replies in CAPS: Philosophy What practical advice do you have for...
What drives criminal defense lawyers to fight for the accused?
What drives criminal defense lawyers to fight for the accused? I am not talking about the mere willingness to do such work, but about the very thirst to represent such clients and to do it excellently. Here is my brief story; I welcome the stories...
Why fall on a sword, when nothing worse is risked by fighting?
Numerous times, some colleagues scratch their heads about why I will not recommend my client to plead guilty when a probation-only sentence looks like a good bet, and when a guilty plea will get me out of court more quickly so that I will have...
Supreme Court permits appellate courts to presume reasonableness of sentences within the Sentencing Guidelines
Image from Bureau of Prisons’ website. On June 21, 2007, the Supreme Court permitted appellate courts to presume the reasonableness of federal sentences imposed within the Sentencing Guidelines. Rita v. U.S., ___ U.S. ___ (June 21, 2007). Although Rita still enables defendants to try to overcome such...
Unrepresented defendants: Beware of prosecutors and cops bearing tidings
To deal with prosecutors without a lawyer is like dealing with wayang shadow puppets; all will remain shrouded in mystery. This follows up on yesterday’s blog entry to beware of prosecutors bearing gifts. To unrepresented defendants, I also say beware of prosecutors and cops bearing...
Feds prosecute Max Hardcore for obscenity
Until George Bush I was voted out of office, the federal government spiritedly prosecuted obscenity, often leading to long prison terms. The Clinton administration did an about face and barely initiated any new obscenity cases, preferring to focus on child pornography and adults seeking sex with minors....
Hurdles and more hurdles to getting a habeas corpus hearing
A 5-4 Supreme Court majority is satisfied to give a trial judge carte blanche whether to grant a habeas corpus/post conviction hearing to a death row inmate complaining that his trial lawyer was ineffective for following his instructions not to present mitigating evidence at sentencing....
A facially defective warrant amounts to no warrant at all
The Bill of Rights. This follows up on my April 24 and 25 discussions of searches and search warrants. In 2004, the Supreme Court (1) confirmed that a facially invalid search warrant means the search was warrantless and (2) applied the same standard as would...