Categories
Criminal Law

Latest “Karen” Has Media Failure: But Don’t Blame Her Blame Her Lawyer.

News Flash: It is not easy to give a proper media interview while you are actively being charged with a crime. That is why most experienced defense lawyers say “NO” when a client proposes giving a media interview to “get their side of the story out.” If that does not work, say “NO” again and […]

Categories
Criminal Law

Ex Suffolk ADA Glenn Kutzrock Suspended from Law for Two Years Due to Brady Violation

Its so rare when a prosecutor faces sanctions for withholding Brady and Rosario material that I felt it was worth reporting on as way to kick off what hopefully will be a better year for the wrongfully convicted languishing in prisons. For the non-lawyers who read/follow my blog, Brady is a legal term for evidence […]

Categories
Constitutional Law Criminal Law

Texas Indictment of Netflix Over “Cuties” Violates First Amendment, Denigrates Art

There is much wrong with a Texas County deciding to indict Netflix for its distribution of the French film Cuties. First about the movie – Netflix released “Cuties,” originally titled “Mignonnes,” last month to strong national reaction. The French-language film centers on 11-year-old Amy, a Senegalese immigrant, who becomes a member of a dance group dubbed the “Cuties.” […]

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Criminal Law

Fed Judge Rips DOJ After Brady Violations Cause Dismissal of Criminal Case

Yesterday Judge Alison Nathan of the Southern District of New York, issued a scathing decision calling for an investigation in procedures and systems in the US Attorney’s office for the Southern District of New York. The basis for the judge’s opinion was the dismissal of the criminal case and conviction in US v. Ali Sadr […]

Categories
Criminal Law

Did Missouri Just Execute an Innocent Man? Very Likely.

One death in the large daily death toll from yesterday stands out because it did not come as result of the covid-19 virus. Instead, Walter Barton’s death came shortly after 6 p.m. when the State of Missouri injected him with a lethal dose of the drug pentobarbital at the Missouri Eastern Reception, Diagnostic and Correctional […]

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Constitutional Law Criminal Law

SCOTUS Overrules Non-Unanimous Jury Verdicts But Were Stare Decisis and Abortion Also on Trial?

Back in August 2019 I wrote about Calvin Duncan, a jailhouse lawyer with only a 10th grade education who got the Supreme Court of the United States to look at the issue of non-unanimous jury verdicts in criminal cases, a procedure permitted in only two states: Louisiana and Oregon. (see https://courtroomstrategy.com/2019/08/power-of-persistence-jailhouse-lawyer-takes-case-to-scotus/ ) Well in October […]

Categories
Criminal Law

How to Fix a Drug Scandal? Netflix Answers: Good Lawyering

The four-episode Netflix series, How to Fix a Drug Scandal (HFDS) was released on Netflix on Wednesday. It comes from filmmaker Erin Lee Carr (also known for HBO’s 2019 amazing documentary At the Heart of Gold: Inside the USA Gymnastics Scandal, as well as other compelling documentaries like I Love You Now Die and Mommie Dead […]

Categories
Criminal Law

Avenatti Convicted of Extorting Nike. Lessons to Be Learned.

Michael Avenatti – remember him? He was the lawyer who represented Stormy Daniels, the porn star, in a lawsuit against President Trump. Well hours ago he was was found guilty of trying to extort sneaker giant Nike out of $25 Million. A New York federal jury found Avenatti guilty on three counts, including extortion, wire fraud […]

Categories
Constitutional Law Criminal Law

Power of Persistence: “Jailhouse Lawyer” Takes Case to SCOTUS

Only two States in the country, Louisiana and Oregon, allow for non-unanimous verdicts in criminal cases. One man – Calvin Duncan – has been fighting it in his home State of Louisiana for over 20 years. Duncan does not have a law degree. In fact he only had a 10th grade education when he was […]