Just Because You Did It…
This is of course true in a couple of different ways (depending mostly on the meaning of "did it"), but it still seems to be a little jarring for people to see it on a billboard. Larry Archie is an…
Criminal Defense
S.F. Cops Arrest Public Defender for Publicly Defending
The officer's explanation to the lawyer at the time was that if she didn't stop objecting to what he wanted to do, "I will arrest you for resisting arrest." That either made sense to him or he just didn't care….
Again, Accused Taggers Should Reconsider Tagging the Courthouse
In covering some of these stories, I sometimes wonder whether I am potentially helping to deter future conduct of that kind or possibly just encouraging it. It depends a lot on what the particular conduct is, of course. I would…
Texas Bill Would Ban “Affluenza” Defense
If you committed a crime in Texas and are planning to ask for leniency because you were raised in a wealthy and privileged household, you might want to hurry. This is assuming you actually need to ask, which in most…
Court Unconvinced by Lawyer Dressed as Thomas Jefferson
Today in Least Surprising Updates: The Kansas Supreme Court unanimously held on November 14 that Dennis Hawver would be disbarred for violating <stops to count> seven ethical or court rules when representing a defendant who was ultimately sentenced to death….
Beer Verdict Reversed in Alcohol Case
The Journal Sentinel's headline for this one, "Judge Beer's verdict for underage drinker goes flat on appeal," is at least as good as mine and more descriptive. (Thanks, Scott.) Judge James Beer did indeed rule in favor of someone caught drinking…
The Defendant Seems to Have Left, Your Honor
Here's a criminal-defense strategy you might not have considered: just get up and walk out. They certainly won't be expecting that. And probably for that reason, it's worked at least three times. At least temporarily. The first example I know of was…
Larry Craig Can’t Catch a Break
First the guy in the stall next to him turns out to be an undercover cop, then they won't let him withdraw his guilty plea, then he has to retire from the Senate, now they're all "you can't use campaign…
Legally Dead Man Sentenced to Be Actually Dead
After I reported on the case of Donald Miller, the Ohio man who failed to convince a judge he should not be considered legally dead ("'No, You're Still Deceased,' Judge Tells Dead Man" (Oct. 10, 2013)), several people wrote in to…
Supreme Court: Want to Search a Cellphone? “Get a Warrant.”
Something seems very wrong here, because the report is that the Supreme Court has unanimously held in Riley v. California (NYT, SCOTUSblog, opinion) that the police need to get a warrant before rummaging through the cellphone of someone they've arrested. Have…