Wednesday, December 28, 2005

A few quick Blawg notes that I found interesting

A quick look through my blog roll at some of the articles I think might be of interest to you Trial Lawyer types:

The Rochester Democrat & Chronicle had a really interesting piece on NYS Court of Appeals Judge Robert Smith, the courts conservative libertarian. (I knew there were more like me somewhere here in NY.) Follow this link. The article has a voting record on criminal appeals and notes that while Judge Smith is a big fan of Justices Scalia and Thomas up at SCOTUS, he mostly likes their libertarian streak. Me too.
UPDATE: Forgot to attribute the above to the really superb blog How Appealing by Howard Bashman

Our friends at DWIBLOG over in California have posted about how police organizations, with DOJ funding, are now going after non drunk drivers for being "Buzzed." Pretty soon MADD will try to get people who THINK about drinking and driving arrested. This post is very scary.

Professor Berman over at Sentencing Law and Policy writes here about a recent 7th circuit case that upholds a ridiculously long 40 year sentence for possession and sale of a moderate amount of cocaine. The decision reminds the district courts that Booker suggests a certain proportionality and that they need to give themselves room at the top of the USSG for the really bad guys.

Yuachung Lee does a very nice cover of the Second Circuit's decision in US v. Irving. The US Court of Appeals Second Circuit overturned a few counts that were based on uncooberated writings found in defendant's personal journal. It is a long post but Yuachung does the case justice here. See also his discussion of US v. Alaa Al-Sadawi which deals with when a person's leaving the jurisdiction constitutes flight as a consciousness of guilt.

You know those ridiculous "perp walks" that the police hold to show off defendants to the press like they were some kind of hunting trophy, and which really are meant to contaminate the jury pool and destroy the clients life before trial? Well White Collar Crime Profs Blawg has some good news... If you live in Colorado. Read all about it
at this post. Maybe we should bring this to the attention of both DA Tom Spota and DA-elect Kathleen Rice. Maybe we should bring it up with the legislature.

Then there is this cautionary tale about obtaining a legal fee in a money laundering case.

That is it for now. Feel free to contact us if you have any ideas for topics or columns for this blog at, or leave a message below.

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