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Recent Blog Posts
The Loss of Meaning
Scott Greenfield has apparently been having a blawgospheric discussion with Doug Berman about the merits of a Kentucky bill, HB210, that, in Doug's words, "imagines forfeiture as a possible alternative (rather than an addition) to lengthening prison terms for certain offenders."
After some back-and-forth in comments to Scott's thorough critique of the idea of asset forfeiture as a solution to the problem of overincarceration, Doug wrote:
Mexico Discovers Due Process
Mexico is in the process of overhauling its criminal justice system (WSJ). Jury trials aren't in the works, yet, but reforms include a move from an inquisitorial system in which judges decide cases in secret based on written submissions, to an adversarial system of open trials with oral argument.
Oh, and now people accused of crimes in Mexico will be presumed innocent.
The Wolf and the Yarmulke
The Juish (as Kelly Siegler might say) witness whom DA candidate Pat Lykos ordered to remove his yarmulke writes in to AHCL's blog.
Trial Lawyers and Litigators
AHCL keeps taking Pat Lykos to task for calling herself a "litigator" when she has, as far as anyone can tell, never actually tried a case of any sort, much less a criminal case.
I think the fact that Lykos calls herself a "litigator" is the best evidence that she has, in fact, never tried a case.
Trial lawyers are proud of their work; if someone claims to be a "litigator" you can bet dollars-to-donuts that she hasn't tried a case in years, if ever.
Litigation is what we do on the way to trial, but most litigation doesn't result in trial. All trial lawyers are litigators, but not all litigators are trial lawyers.
I think it's probably like "surgeon" and "doctor."
Or "astronaut" and "pilot."
"Homicide detective" and "cop."
"Marathon runner" and "pedestrian."
"Rock star" and "musician?"
Four Nasty Little Surprises
I recently mentioned that part of being prepared for trial is having "nasty surprises for the State prepared." For each of the cases I have set for trial, I have an NLS prepared. Often the Nasty Little Surprise ("NLS") is the cornerstone of the successful defense of a criminal case.
An NLS can be a piece of evidence that I have that the State doesn't have; it can be a fact that I know that the State doesn't know; it can be something that the State doesn't realize it should have done, but hasn't; or it can even be a bit of law that the State isn't aware of.
Four examples of NLSes in past cases:
1. In a weed-in-the-car case, the fact that my (testifying) client was a lay preacher whose brother (who owned the car) had been convicted of possession of marijuana.
How you gonna convict a preacher for driving his brother's car with a roach in the ashtray?
2. In a two-kilo cocaine case, the law requiring the State to corroborate the testimony of the police informant.
More of Dean and Me on the Marconi
The other half of my appearance on the anti-drugwar radio show "Cultural Baggage" with Dean Becker, February 20th on Pacifica station KPFT. (Transcript.)
Here is the previously-posted first half, and the transcript.
Siegler Video is Up
I finally got the video of Kelly Siegler and Murray Newman's appearance on Reasonable Doubt up and running. It's not as high-res as I would like, but it's watchable.
Now stop bugging me.
Wednesday Evening Staff Meeting
Attention Houston-area criminal-defense lawyers:
Back in The Day, before blogs (when I was a much younger lawyer) six or seven of us would gather at Jim Skelton's office on Richmond Avenue every Wednesday evening to discuss our cases with each other and with Jim.
My recollections of those sessions are fuzzy; there may have been beverages and/or food involved; sometimes other experienced lawyers would join us. It was a good informal way for us young lawyers to learn how little we had actually learned in law school.
I don't know why it stopped, or when (maybe when we moved out to the suburbs; maybe when Jim got disbarred the first... or was it the second?... time). The HCCLA listserv, which started on Topica.com back before Google was a verb (in fact, before Google was Google), probably had a lot to do with the end of the Wednesday evening sessions at Jim's.
I know Jim Skelton; Jim Skelton is a friend of mine; and, senator, I'm no Jim Skelton. But young lawyers nowadays lament the dearth of mentoring. So I aim to do my small part by reinstating the Wednesday evening brainstorming sessions.
Siegler Reasonable Doubt Video
I keep trying to upload the video of the February 21st Reasonable Doubt with Kelly Siegler and Murray Newman to Google Videos using the Google Video Uploader. The upload seems to go smoothly (I've tried several times with different video formats), but the video never appears in my list of uploaded videos.
I can't figure out what the problem is; I welcome input or assistance from anyone with a fast connection and Google Video experience.
New York is Definitely Different
The world of the New York criminal-defense lawyer is very different from that of the Houston criminal-defense lawyer; these differences go deeper than just the much greater number of cases that Texas lawyers try to juries. Scott Greenfield, writes about the plea offers mailed to 60 of the 62 alleged Gambino defendants in the Eastern District of New York:
According to the story, the offers ranged from 4 months to 20 years.
Lawyers with the U.S. Attorney's Office in Brooklyn said the plea offers were given to 60 defendants, including most of the high ranked crime family members hit in the 80-count racketeering indictment. Only reputed Gambino soldier Charles Carneglia, 61, and fugitive captain Nicholas Corozzo, 67, who face murder charges, weren't given offers, officials said.
That's to be expected. By taking out the little fish, the government gains leverage in getting the big fish. It's really just a variation on an old joke: Once they've determined who is a whore, they are just dickering over price. The next step will be the tantalizing prospect of cooperation, and a better offer, if only the defendants will give up the big guys.
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