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Random thoughts through May 19, 2013

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On Sundays, I sometimes veer well beyond the law in my blog entries, including the following post that collects my last week’s thoughts on the law, government, and beyond from my Twitter postings at https://twitter.com/jonkatz5 and elsewhere.


4th Cir.: A guilty plea is reversible as not knowing and voluntary when based in material lies by a cop. U.S. v. Fisher, ___ F.3d ___ (4th Cir., April 1, 2013).

The joy of pro bono work can be tempered when the client takes the lawyer for granted or insists that the lawyer help a political agenda.

– Fourth Cir.: A vague statute fails to “provide … a reasonable opportunity to understand what conduct it prohibits.” U.S. v. McLean, ___ F.3d ___ (4th Cir., -April 2, 2013).

– Va. Ct. App.: “‘[S]ome indicia of reliability’ is the standard [for admitting hearsay evidence] at sentencing.” Blunt v. Virginia, ___ Va. App. ___ (April 23, 2013).

– Police questioning by 911 and otherwise is testimonial when not for an
ongoing emergency. Michigan v. Bryant, 131 S.Ct. 1143 (2011).

– Va. Ct. App. says the state Clean Air Act prohibits indoor hookah bars unless separate from the rest of the place. Kepa v Va. Dept. of Health, ___ Va. App. ___ (May 7, 2013).

– Kunstler: Ramsey Clark “was satisfied. He didn’t really care about life style or luxuries.”

Inmate Tavon White has been indicted and accused of controlling the Maryland Penitentiary.

– Preliminary breath test machines are unreliable:

— Montana: The “PBT instrument remains inherently unreliable for the purpose of accurately quantifying BAC.” MT v. Crawford, 68 P.3d 848 (2003).

— Ohio: Prelim. breath tests “may register an inaccurate [%] of alcohol present in the breath.” Oh. v. Shuler
858 N.E.2d 1254 (2006).

GW police jurisdiction is limited to the campus unless chasing a suspect.

– The Maryland Code and court rules are available free through Lexis. I subscribe to Westlaw for nationwide searching, but sometimes the free statutory sites are quicker to navigate when I do not need annotations. Beware or time lags and errors in online codes’ timely updating (or not) changes to government statutes and regulations.

Josh Karton is an amazing acting teacher for lawyers.

– Report for ACE and Free Speech Coalition refutes studies claiming negative secondary effects of adult entertainment.


Federal investigators nabbed cellphone records of many journalists.

– As of 2010, the Department of Veterans Affair allowed continued prescription medicine access to medical marijuana users in medical marijuana states.

Md. Gov. signs laws ending death penalty, enabling partial med. marijuana program & allowing undocumented to drive.


– “The Death of Che Guevara: Declassified,” from National Security Archives.

– If we convert our perception of otherwise threatening or offensive actions as part of a water stream, we will not be upset nor thrown off.

– Jim Jarmusch’s Down By Law: Opening scene; – Opening scene; scene in the cell;

– Martin Luther King, Jr., has been to the mountaintop.

Great talk by author of “Dharma Punx, Noah Levine.

Claude AnShin Thomas (lengthy presentation).

– Bill Buckley interviews Huey Lewis.

– School grades and other people’s views should not determine one’s feeling of self-worth. Those items are to be weighed in pursuing excellence. To tie one’s sense of well-being to other people’s views will lead to ups and downs in feelings of well-bein

– This year’s Buddhafest is June 20-23, in Arlington, Virginia. I will attend the June 22 morning talk by Robert Thurman (Uma’s father) and Sharon Salzberg.

– If people of wealth and other personal means and plenty of free time get fat, what does that say about everyone else’s ability to control their weight

Ai Weiwei on TED.

– Law Professor Clark Freshman’s law review article on internal and external mindfulness.

– Law Professr Rhonda Magee’s law review article on “Educating Lawyers to Meditate.”

– “The Mindful Lawyer,” by Robert Zeglovitch.

– Joel Orenstein on “The mindful lawyer meditation and the practice of law.”

– Video on the practice of holistic law.


– Duke and Trane: “The Feeling of Jazz” (1962); “My Little Brown Book” (1963); “My Little Brown Book” (1963): and “In a Sentimental Mood” (1963).

Ornette Coleman and Cecil Taylor interviewed (1964).

– Chick Corea: “Song of the Wind”; “Sundance” (grab onto your seat); “Converge”; “Now he Sings; Now he Sobs.”

Sonny Rollins (2010).

Sun Ra interviewed in Helsinki (1971).

– Igor Stravinsky documentary.

Eric Clapton’s tips for playing the electric guitar (1968).

– The wondrous Stevie Wonder, in a 1981 documentary, a maelange, performing “Love Light in Flight“, and performing the “Do I Do” music video (with Dizzy Gillespie on trumpet).

– Don Henley- “Boys of Summer”.

– David Bowie: “Ashes to Ashes.”

– The Police – “De Do Do Do, De Da Da Da“; “Walking on the Moon.”

Vomit and the Zits– In their heyday, apparently, when I visited Montreal in mid-1985.