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Constitutional Law Criminal Law

Bad Forensics: A Main Cause of Wrongful Convictions

TV viewers are addicted to forensic cop shows – CSI, NCIS, etc etc. The shows make it look like every crime can be solved by forensics and that forensic science is unassailable. In fact, bad forensics is one of the leading causes of wrongful convictions across the country. When I talk about “bad forensics” I […]

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Wrongful Convictions

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

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 […]

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Wrongful Convictions

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

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 […]

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Constitutional Law Criminal Law

Secret Proceedings in Holtzclaw Case Raise Serious Issues

I was recently made aware of the case of Daniel Holtzclaw, an Oklahoma City police officer currently serving a 263-year sentence for 18 sex-related felonies, arising out of alleged crimes committed during traffic stops. Journalist Michelle Malkin invited me to join a panel discussion on wrongful convictions after the screening of her documentary Railroaded at […]

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Constitutional Law Criminal Law

Why $10 Million for Marty Tankleff is Not Enough

Suffolk County lawmakers on Thursday approved a $10 million settlement for Martin Tankleff, who served 17 years in prison for killing his parents before an appellate court overturned the conviction in 2007. The legislature’s Ways and Means Committee voted 5-0 for the settlement, which was recommended by County Attorney Dennis Brown. “There’s no amount of […]

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Criminal Law Litigation

Cohen Search Warrant is Nothing New

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, […]

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Constitutional Law Criminal Law

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

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 […]

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Constitutional Law

Nunes Memo Makes Some Folks Finally Aware of Fourth Amendment

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 […]

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Constitutional Law Criminal Law Litigation

Client: “I’m Not Guilty!” – Lawyer: “Yes, You Are!” SCOTUS to Rule on Who Decides in Louisiana Death Penalty Case

Louisiana man Robert McCoy was accused of killing Christine Colston Young, Willie Young and Gregory Colston, who were the mother, stepfather and son of Mr. McCoy’s estranged wife. There was substantial evidence that he had done so. The actual shooting was caught on tape as the victim had called 911 upon the shooter’s arrival and […]