Dustin Higgs’ Execution Was Wrong and What Sotomayor Had to Say About it is Right.

Official Portrait of Justice Sonia Sotomayor

The Supreme Court allowed the execution of  Dustin Higgs late Friday, making Higgs the thirteenth person to be killed by the federal government since July. Since July. And after seventeen years without a single federal execution. Higgs’ execution was a miscarriage of justice for a number of issues. First of all, he was suffering from covid-19… Continue reading Dustin Higgs’ Execution Was Wrong and What Sotomayor Had to Say About it is Right.

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

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”

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… Continue reading Bad Forensics: A Main Cause of Wrongful Convictions

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!

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… Continue reading Secret Proceedings in Holtzclaw Case Raise Serious Issues

Pennsylvania Federal Judge Rules 37 Years of Solitary Confinement are Unconstitutional; State Settles Lawsuit

Ah, that pesky Bill of Rights !

Arthur Johnson was 18 years old when he was convicted of murder following a street fight that occurred in 1970. He was sentenced to life without parole and committed to the custody of the Pennsylvania Department of Corrections. He was a troubled inmate in his early years of incarceration, taking part in two violent escape… Continue reading Pennsylvania Federal Judge Rules 37 Years of Solitary Confinement are Unconstitutional; State Settles Lawsuit

Judge Texts with Prosecutor Over Strategy on Trial: Same Old Song with New Twist

Judge Janine Barbera Dalli

Suffolk County, NY judge Janine Barbera Dalli sent text messages to Suffolk County prosecutors this week, guiding them on how to charge and try a case against a defendant, in clear violation of judicial ethics that bar judges from communicating privately with one side in a case. To their credit, prosecutors immediately disclosed the texts… Continue reading Judge Texts with Prosecutor Over Strategy on Trial: Same Old Song with New Twist

Prosecutor Overreach and Actual Facts Led to Kate Steinle Case Acquittal

Some cases take on a bigger life. Some cases get caught up in a political firestorm. Sacco and Vanzetti, The Scopes trial, The Rosenbergs, Willie Horton, Rodney King to name a few. They end up being not about what actually happened but about some larger societal issue that is reflected in the case. Anarchists, Evolution,… Continue reading Prosecutor Overreach and Actual Facts Led to Kate Steinle Case Acquittal