What Young Lawyers Can Learn From Watching “Making A Murderer 2”

MAM2 gave young lawyers great role models to emulate

As my law school semester winds down, I usually like to send a message to my outgoing students who are all 3Ls who will be graduating this May. This semester, there has been a lot of buzz about Netflix’s true crime documentary “Making a Murderer 2” and I can see that it has inspired many… Continue reading What Young Lawyers Can Learn From Watching “Making A Murderer 2”

Coziness Between Bench and Prosecutor’s Office a Continuing Problem

But his emails!!!

It is often an illusion that all lawyers and clients get the same treatment when standing before the bench in a court of law. The fact is that for a variety of reasons in criminal cases, there is a cozy relationship between the bench and the prosecutors appearing before them. Now before I go any… Continue reading Coziness Between Bench and Prosecutor’s Office a Continuing Problem

Will Roy Moore Win His $95 Million Lawsuit Against Sacha Baron Cohen? Hint: No, He Will Lose.

Photo courtesy of Showtime

Former Alabama Senate candidate and State Supreme Court Judge Roy Moore has filed a $95 million defamation lawsuit against comedian Sacha Baron Cohen, Showtime and CBS after he appeared on Cohen’s series, “Who Is America?” In July, Moore appeared on the third episode of Who is America?, a Showtime series where the comedian disguises himself… Continue reading Will Roy Moore Win His $95 Million Lawsuit Against Sacha Baron Cohen? Hint: No, He Will Lose.

Want to Help Fight Wrongful Convictions? Sit on a Jury!

Letters, I get letters

Not a month goes by that I don’t receive a phone call from some family member, friend, or friend of a family member, or family member of a friend, asking “What’s the best way to get out of jury service?” With about the same or similar frequency I get asked “I see that you are… Continue reading Want to Help Fight Wrongful Convictions? Sit on a Jury!

1st Amendment Stops Trump from Blocking Twitter Followers but Allows NFL to Ban Kneeling

Ah, that pesky Bill of Rights !

The First Amendment is causing quite a stir in social media as a result of two headlines this week: (1) A Federal Judge said that because the President’s Twitter feed is a public forum, he cannot ban any followers due to their speech and (2) The NFL stated that it will issues fines to teams… Continue reading 1st Amendment Stops Trump from Blocking Twitter Followers but Allows NFL to Ban Kneeling

NY Ct.: We Have Broad Powers to Correct Systemic Wrongs

Det. Louis Scarcella Photo courtesy of John Taggart/NY Times

In powerful language that will likely find its way into many future briefs to overturn wrongful convictions, a NY appeals court has reminded everyone that, when it comes to the criminal justice system, courts should not place form over substance. The case is People v. Hargrove 2018 WL 1833080, and it was handed down on… Continue reading NY Ct.: We Have Broad Powers to Correct Systemic Wrongs

Cohen Search Warrant is Nothing New

The Tale of the Tape

The President is screaming that the search warrant executed on the offices Michael Cohen, his longtime attorney, is an attack on our country and a violation of the attorney-client privilege. First of all, 9-11 was an attack on our country; this search is just one step in a long criminal investigation. But Presidential histrionics aside,… Continue reading Cohen Search Warrant is Nothing New

Speaking to the Feds is Always Dangerous and to Be Avoided if Possible

Admiral Akbar knows what's up

Rumors are swirling that President Trump’s personal lawyers are suggesting to him that he not voluntarily meet with Special Prosecutor Robert Mueller to answer questions in Mueller’s Russia probe. Of course they are and they well should tell him to not go gently into that good night. As any good criminal defense lawyer who has… Continue reading Speaking to the Feds is Always Dangerous and to Be Avoided if Possible

Nunes Memo Makes Some Folks Finally Aware of Fourth Amendment

I heard there was a secret court . . .

There’s an old saying – “A liberal is a conservative who’s been arrested.” The truth of that saying was made evident with all the hoopla surrounding the release of Devin Nunes’ memo on how the FBI purportedly is Anti-Trump. So first, some background and an outline of how we got here is in order: What… Continue reading Nunes Memo Makes Some Folks Finally Aware of Fourth Amendment