Historical Priors
This seems like a simple concept, but there are a couple of nuances that regularly cause problems for attorneys. Having one or more historical priors has an incredible impact on sentencing, so I’m...
View ArticleShould We Really Try More Cases?
I don’t completely agree that defense attorneys need to try more cases. I think a lot of defense attorneys are plea mills. Those attorneys definitely need to try more cases. However, trial is often too...
View ArticleBecause There Is No Other Crime Here…
We have time to charge and convict people of things like this. Basically, Bishop Rick Painter of Phoenix’s Cathedral of Christ the King was convicted of a criminal noise violation for ringing the bells...
View ArticleJudge or Jury?
Apparently, a recent study has confirmed the findings of an older study: The researchers made three primary findings: Judges tend to convict more than juries in cases of “middle” evidentiary strength....
View ArticleIt Goes Both Ways
I was in trial this past week, so I didn’t have a lot of free time. I found myself working into the night to deal with things I couldn’t address during the day. I only had enough time during breaks to...
View ArticleDemanding Lies
Starting out, I had a long talk with a public defender who’d been fighting the good fight for decades. Here’s a quote I won’t forget: Nobody is too innocent for a misdemeanor. I heard this one from...
View ArticleIn Other News, the Sky Is Blue and Marijuana Prohibition Is Bullshit
FourthAmendment.com put up a link yesterday to this New York Times story. Its title, “Blacks Are Singled Out for Marijuana Arrests, Data Suggests,” is news to exactly no one. Any perceptive human being...
View ArticleI May Be Amazingly Brilliant and Tall And Good-Looking But I Am Still A...
Over at a public defender, Gideon wrote yesterday about a fascinating overturned conviction: Michael Skakel has just had his convictions reversed and a new trial ordered by former Appellate Court judge...
View ArticleHe Was Screwed No Matter What
In a recent Supreme Court of Arizona case, State v. Duran, the defendant tried to plead guilty but the trial court rejected his plea. The trial court then royally messed up by saying the prosecutor...
View ArticleGee Whiz, Referrals!
An email arrived last Monday from Lawyer.com with the title “Potential Client – Action Requested by Tuesday 9.00 AM.” Adrian forwarded the one he got to me shortly afterwards with a message saying...
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