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

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

Fed Judge Grants Qualified Immunity But Writes Powerful Decision Against It

Federal Judge Carlton Reeves, of the Southern District of Mississippi, ruled that the doctrine of qualified immunity meant that a white police officer could not be sued for racially profiling and then terrorizing an innocent black man on the side of the road. Judge Reeves ruled that the law required the dismissal of the case… Continue reading Fed Judge Grants Qualified Immunity But Writes Powerful Decision Against It

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

Three Sotomayor Dissents on Death Penalty Cases Are the Voice of Reason on the Issue

Official Portrait of Justice Sonia Sotomayor

I am opposed to the death penalty. While my opposition principally comes from my work in wrongful conviction cases, my opposition is to the death penalty in all cases – even where the evidence of guilt is overwhelming or where the details of the crime are horrific and gruesome. I just feel it is a… Continue reading Three Sotomayor Dissents on Death Penalty Cases Are the Voice of Reason on the Issue

“Advice of Counsel” Defense is Perilous

Dumb & Dumber? Photo credit: Jonathan Ernst/Reuters

President Donald Trump offered a defense Thursday to accusations he broke campaign finance law by directing his longtime attorney/fixer Michael Cohen to orchestrate hush-money payments to conceal at least two of Trump’s alleged affairs: He was just following his lawyer’s advice. His exact statement was put out on Twitter: “I never directed Michael Cohen to… Continue reading “Advice of Counsel” Defense is Perilous

Cyntoia Brown Should Not Have to Serve 51 Years

Cyntoia Brown

It would be difficult to find a more disturbing case than that of Cyntoia Brown’s. It reveals much of what’s wrong with the criminal justice system in many parts of our country. The last unjust stroke came last week when the Tennessee Supreme Court ruled that she must serve out her 51 year sentence. Here’s… Continue reading Cyntoia Brown Should Not Have to Serve 51 Years

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”

Is It Legal For an Attorney to Record A Client’s Conversation?

The Tale of the Tape

The news that Michael Cohen recorded conversations between him and Donald Trump has led to the usual and predictable firestorm. And in this day and age the usual and predictable firestorm includes “legal experts” on the many cable news channel opining on the legality of a lawyer taping a conversation. Some that I have seen… Continue reading Is It Legal For an Attorney to Record A Client’s Conversation?