A few days ago, at midnight, the Supreme Court rejected a church’s challenge to California’s COVID-19 restrictions by a 5–4 vote, with Chief Justice John Roberts joining what is considered the liberal wing of Breyer, Sotomayor, Ginsburg and Kagan. In a pointed concurring opinion, Roberts chided the conservative wing for trying to override public health… Continue reading SCOTUS Opinion on COVID Church Restriction is Brief But Says a lot About the Court.
After Twitter placed “Get the Facts” labels on President Trump’s false Tweets about massive voter fraud caused by mail-in voting, the POTUS went on a tirade against the social media giant, comparing the fact-checking labels to censorship (which it is not) and accusing the company of stifling conservative voices (though the president provided no examples… Continue reading Trump’s Twitter Executive Order is Legally DOA
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… Continue reading Did Missouri Just Execute an Innocent Man? Very Likely.
Isiah Andrews is probably the only 82 year old in Ohio who is happy to be outside and does not care that there is a pandemic going on. That’s because, thanks to the work of the Ohio Innocence Project (OIP) at the University of Cincinnati, he was just freed after spending 45 years in jail… Continue reading Ohio Man Spent 45 Years in Jail for Murder While Proof of True Killer Sat in Police Files
Over the last few days or so, I have seen that lawyers, judges and clients alike are starting to wake up out of their covid-comas and are thinking about getting back to normality – whatever that was – heck, let’s just call it the pre-covid days. More courts are scheduling video or phone conferences; lawyers… Continue reading What Will Jurors Be Like Post-Covid?
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… Continue reading SCOTUS Overrules Non-Unanimous Jury Verdicts But Were Stare Decisis and Abortion Also on Trial?
Many of my firm’s business clients have been calling me to see if they can obtain money in addition to available government assistance for the losses they are suffering due to the COVID-19 pandemic. I advise them that it all starts with a deep dive into their insurance policies. Let’s face it, most of us… Continue reading Getting Insurance Coverage for COVID-19 Business Interruption
Gov. Ralph Northam chose this Easter weekend to sign into laws sweeping progressive reforms including (1) making Virginia the first state in the South to enact comprehensive protections for the LGBTQ community against discrimination in housing, employment, public spaces, and credit applications; (2) repealing “medically-unnecessary restrictions on women’s healthcare,” including ultrasound requirements and 24-hour waiting periods… Continue reading Progressive New Law in Virginia Removes Barriers to Proving Actual Innocence
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… Continue reading How to Fix a Drug Scandal? Netflix Answers: Good Lawyering