Defending People

the tao of criminal-defense trial lawyering

Blawg Review #199

This Week, in 2009 and in History

Feb­ru­ary 9th was the 100th anniver­sary of the fed­eral “war on drugs”, writes Windy­Pun­dit in 100 Years of FAIL. This week South Car­olina cops did their part to expose the WOD for a pathetic farce. Radley Balkoff (The Agi­ta­tor) writes in The Michael Phelps Witch Hunt Gets Surreal:

Rich­land County, South Car­olina Sheriff’s Depart­ment went out and arrested eight peo­ple on mar­i­juana charges allegedly asso­ci­ated with the now-famous bong photo of Olympic swim­mer Michael Phelps.

Hous­ton pros­e­cu­tor “Arthur Seaton” (Sat­ur­day Night and Mon­day Morn­ing) never one to mince words, says of this, “God­dammit This is Stu­pid.”

Part of the WOD has been an explo­sion in government’s asset-forfeiture pow­ers. Scott Hen­son (Grits for Break­fast) doubts that any­one involved in the asset for­fei­ture scan­dal in Tenaha TX will be dis­ci­plined for this road­side piracy under color of law; he sug­gests that remov­ing the profit motive in for­fei­ture actions would go some way toward pre­vent­ing the sit­u­a­tion from recur­ring else­where.

Another side of the WOD is mass incar­cer­a­tion and fel­o­niza­tion of working-age Amer­i­cans. It’s hard for a con­victed felon to get work; Gideon (A Pub­lic Defender) cheers the City of New Haven, Conneticut’s deci­sion to remove the require­ment that job appli­cants indi­cate whether they are con­victed felons: “What this does is gives ex-felons a fight­ing chance at reintegration.”

The WOD is also largely respon­si­ble for the crush­ing bur­den on the crim­i­nal jus­tice sys­tem, chron­i­cled by Gideon (Pub­lic Defender Stuff) in Bud­get Cuts Would Put Sys­tem in Jeop­ardy, and — through over­in­car­cer­a­tion — on soci­ety in gen­eral, as observed by Fresno criminal-defense lawyer Rick Horowitz (Prob­a­ble Cause) in Are Amer­i­cans Just Mean and Stu­pid? Robert Guest (Dal­las Crim­i­nal Defense Lawyer Blog) says it’s time for the Dal­las Morn­ing News to aban­don its drug war apologetics.

Charles Dickens’s birth­day was last week, but the news of profit-motivated “jus­tice” that Bobby Fred­er­ick (South Car­olina Crim­i­nal Defense Blog) brought us this week has a Dick­en­sian aspect: Penn­syl­va­nia judges to plead guilty today to charges of jail­ing kids for cash. Volokh names the crooked judges (Mark A. Ciavarella Jr. and Michael T. Cona­han) “to insure that their names do not dis­ap­pear from the List of the Wicked” and Waco criminal-defense lawyer Wal­ter Reaves uses that case to ask What to Do When the Sys­tem Breaks Down?

No amount of money can com­pen­sate those chil­dren who shouldn’t have been sent to deten­tion. Soci­ety is prob­a­bly going to have to bear the costs for some; no doubt there are some who will be lead down the wrong path because of what hap­pened. Kids are espe­cially prone to becom­ing what peo­ple think of them. If soci­ety thinks they are a fail­ure, the ten­dency is to become one.

On Feb­ru­ary 10th, 1763, France and Eng­land signed the Treaty of Paris, which ended the French and Indian War and gave Canada to Eng­land. Eng­lish IP bar­ris­ter Geeklawyer is vis­it­ing Canada this week; he writes about Canada’s vaunted mild­ness in Polite Cana­di­ans, eh?

Lon Chaney, Jr. was born on Feb­ru­ary 10th, 1906. Chaney was famous for his por­tray­als of movie mon­sters, among them the son of Drac­ula. Ken (Pope­hat) tells us about a Min­nesota Politi­cian in the movie-monster spirit. Jonathon Sharkey, founder of the Vam­pires, Witches, and Pagans Party (cam­paign slo­gan: “Impale George Bush”), is in trou­ble for allegedly stalk­ing a 16-year-old girl:

She told police that “in a des­per­ate attempt” to get him to leave her alone, she had e-mailed him that she was a mem­ber of an elite vam­pire hunter soci­ety and that con­tin­u­ing their rela­tion­ship would put him in dan­ger. Her father told police he talked to Sharkey, but Sharkey con­tin­ued to call the girl and write let­ters to her parents.

In TBI Com­pli­ca­tion No. 763, Bro­ken Brain — Bril­liant Mind (not a blawg, but reg­u­lar read­ers know that I am a mas­ter of the dis­parate, and extremely inter­ested in trau­matic brain injury (TBI) to boot), teaches us that one effect of TBI is defense­less­ness to energy-sucking “vampires.”

Doug Berman (Sen­tenc­ing Law and Pol­icy) tells us of the Sev­enth Circuit’s rever­sal of a sen­tence based in part on the trial judge’s belief (pow­ered by vam­piric telepa­thy?) of what the defen­dant would have done had he been on bond:

The Sev­enth Cir­cuit in Eng­land finds error in a dis­trict court’s deci­sion to increase a defendant’s sen­tence sig­nif­i­cantly based on the “court’s belief that the defen­dant would have com­mit­ted the crime” of attempted mur­der if given the oppor­tu­nity to be free on bond.… [B]y my read­ing, if the pros­e­cu­tion can come for­ward with more evi­dence to sup­port the claim that the defen­dant here would have com­mit­ted attempted mur­der, the Sev­enth Cir­cuit would be fine with the sen­tence imposed.

Berman refers in the post to the movie Minor­ity Report; such allu­sions are an excel­lent way to relate the dry stuff of appel­late opin­ions to actual expe­ri­ence. R.J. MacReady (Texas Court of Crim­i­nal Appeals Blog) looks at a Roberts dis­sent à la mode Spillane and won­ders, in When Judges Get Spirit Fin­gers, whether judges should be more cre­ative in their opin­ion writing:

By being more cre­ative, the ideas are com­mu­ni­cated more effec­tively. A well-turned phrase can res­onate with the reader. It may help him or her under­stand a par­tic­u­lar issue on mul­ti­ple lev­els and make the res­o­lu­tion eas­ier to remem­ber.
.…
[But] at the numer­ous sem­i­nars where judges sit on pan­els to tell me what they are look­ing for I’ve never once heard any­thing like: “Please be more hip. If you get a chance, pat­tern your state­ment of facts after a Mike Ham­mer story. The books, not the Armand Assante movie or the Stacey Keach TV show. And if you can work in a Bob Dylan quote we’ll give you a free T-shirt from our court’s gift shop. Shouldn’t be that hard, they did it in Bat­tlestar Galac­tica.” If that type of thing dam­ages a lawyer’s cred­i­bil­ity, doesn’t it do twice the dam­age to the judges?

In a sep­a­rate dis­cus­sion, Berman and Jamie Spencer (Austin Crim­i­nal Defense Lawyer) con­sider why defense wins in sen­tenc­ing appeals go unpub­lished so fre­quently. Berman won­ders if it’s a con­spir­acy, while Jamie is more blunt: “the appeals courts are full of a bunch of lilly-livered chickenshits.”

On Feb­ru­ary 10th, 2009, the blaw­gos­phere began to respond to Nordstrom’s bul­ly­ing of a small busi­ness over the trade­mark “Beck­ons.” Marc Ran­dazza (Legal Satyri­con) gave us a heads-up, Seat­tle trade­mark lawyer Michael Atkins cov­ered the story in Infor­ma­tion­Week Blog Slams Nord­strom for Alleged TTAB Con­duct, and Windy­Pun­dit, Scott Green­field, and Brian Tan­nebaum (among oth­ers) wrote about Nordstrom’s bul­ly­ing. Then Nord­strom wrote a lying non-apology to Infor­ma­tion­Week, and Green­field called them on it. Nord­strom would do well to heed Bill Marler’s (Mar­lerBlog) advice to Peanut Cor­po­ra­tion of Amer­ica: Some­times it is Bet­ter to Say “I’m Sorry”: “Some­times it is bet­ter to get ahead of a train that is about to hit you.”

Feb­ru­ary 11th, 1847, was the birth­day of Thomas Edi­son, who held 1,093 patents; J. Dou­glas Miller (Small Busi­ness IP Pro­tec­tion and Man­age­ment) this week answers the ques­tion, “How do I get a patent?” and Brett Trout (BlawgIT) hon­ors Edison’s birth­day and Black His­tory Month (which Mar­cia L. McCormick at Prawfs­Blawg thinks might be coun­ter­pro­duc­tive) at the same time by list­ing his Top 10 African Amer­i­can Inven­tors, includ­ing Lewis Latimer, who invented the car­bon fil­a­ment that made the light bulb prac­ti­cal. Austin criminal-defense lawyer Jamie Spencer hon­ors his dad, a math and sci­ence teacher and Edison-like “mad sci­en­tist” with What Your Par­ents Did (or Do). In a related vein, Hous­ton DUI lawyer Paul Kennedy wrote with an appro­pri­ate degree of pride about his –year-old daughter’s descrip­tion of Paul’s job in The Defense Rests: Out of the mouths of babes:

Some of the kids said their dads worked in an office, worked on the com­puter or worked for money. When the teacher asked my daugh­ter what I did, my daugh­ter told her that I was an attor­ney who helped get peo­ple out of jail.

Among other things, Thomas Edi­son invented the light bulb. This week we learned from Vir­ginia pros­e­cu­tor Ken Lam­mers (Crim­Law) that Vir­ginia keeps its jurors in the dark: “lawyers in Vir­ginia aren’t sup­posed to tell the jury the law we’re apply­ing the facts to in the voir dire or open­ing state­ments.” Ken’s solu­tion: give jurors a jury charge at the begin­ning of trial.

Inven­tors have given us myr­iad high-tech ways to com­mu­ni­cate. Dan Hull (What About Paris) would like us to use fewer of them:

What hap­pened to voices, vibes, faces, bod­ies, winks, hand ges­tures, touch­ing another’s hand or shoul­der impul­sively, stares, grins, frowns, hand-written thank you notes, human elec­tric­ity, NOT-typing, non-virtual jok­ing, yelling, rag­ging and flirt­ing, occa­sional con­fronta­tion, inti­macy and the “god-in-the-room” magic that starts with two breath­ing humans in one 3-D place? Or at least on the phone?

Patrick (Pope­hat), in Thoughts On Receiv­ing An Email Attach­ment, Sent To Me In Error, describes a mis­take that cer­tainly wouldn’t have been made had the sender been com­mu­ni­cat­ing in a less vir­tual medium:

A cou­ple of points:  You described Plain­tiff Jones, based on her depo­si­tion appear­ance, in rather dis­re­spect­ful terms.  While, like you, I am not too impressed with Jones, I would tone that down in future reports.  You never know who might read what you write, and there are more art­ful ways to describe a witness’s appear­ance than “dirty”.  I would sug­gest “unkempt”.  Also, I dis­agree with your assess­ment of the value of this case, and the atti­tudes of jurors in Upscale County, but if your client wishes to pay more to set­tle this case than does mine, I am not unhappy to hear it.

On Thurs­day, Feb­ru­ary 12, 2009, less than a tenth of a per­cent of U.S. lawyers were laid off. With their gift for self-important histri­on­ics lawyers nat­u­rally labeled this “Black Thurs­day;” non-lawyers would prob­a­bly label it “a good start.” Nobody seems to think the purges are over. Jor­dan Fur­long (Law21) thinks that “What we’re look­ing at here is the real pos­si­bil­ity that the law firm asso­ciate, in its cur­rent form, will not sur­vive this cri­sis,” and Bruce MacEwen (Adam Smith, Esq.) sug­gests a few ways for firms to cull their ranks more intelligently.

New York criminal-defense lawyer Scott Green­field (Sim­ple Jus­tice) tells the crim­i­nal defense bar What Black Thurs­day Will Mean Come Mon­day (hint: some of BigLaw’s inferior-or-surplus lawyers will be try­ing to make an hon­est liv­ing). Miami criminal-defense lawyer Brian Tan­nebaum has some free advice for for­mer BigLaw now criminal-defense lawyers.

[8] Under­stand that you have spent years doing noth­ing of any impor­tance.
What you are doing now, is impor­tant. Do not take cases that are over your head. It takes about 4 words for the crim­i­nal defense bar, pros­e­cu­tors, and judges to know that you are a fish out of water. So before you go into court and demand a hear­ing that every­one else waives and has waived for 30 years, talk to someone.

The culled lawyers aspir­ing to crim­i­nal lawyer­ness, many of whom will never have been in a cour­t­house for any­thing more than the kabuki of a civil trial, would do well also to read Scott Greenfield’s Lawyer to Geeks: YANAL.

My expe­ri­ence is that YANALs view the law as a series of hyper­tech­ni­cal­i­ties, any­one of which will trip up the cops and pros­e­cu­tion. They har­bor a bizarre belief that the nice words appear­ing reg­u­larly in court deci­sions actu­ally mean some­thing, rather than present black let­ter law which is then torn to shreds by the thou­sand excep­tion and the func­tional refusal to apply it in the trenches. How does one explain to a binary thinker that a judge waves his arm and the law mys­te­ri­ously dis­ap­pears? “They can’t do that!” Oh yes. They can. They do. Every sin­gle day. Wel­come to the real world.

One thing the culled lawyers may now do is rep­re­sent col­lege ath­letes in Ohio because, as Mark at Sports­BizBlog tells us, an Ohio judge has struck down the NCAA’s ban on such rep­re­sen­ta­tion.

(Is it too much to hope that the BigLaw cull will lead to the demise of the Blue­book, which Mark Ran­dazza (The Legal Satyri­con) epi­gram­mat­i­cally describes as “the only book in exis­tence that actu­ally makes the world a shit­tier place”?)

Feb­ru­ary 12, 1809, was Abra­ham Lincoln’s birth­day, and today is President’s Day. Vir­ginia pros­e­cu­tor Tom McKenna (Seek­ing Jus­tice) in President’s Day Thoughts laments Abra­ham Lincoln’s role in win­ning the War of the North­ern Aggres­sion and lay­ing the foun­da­tion for the Four­teenth Amend­ment, which makes the Bill of Rights enforce­able against state gov­ern­ments. The States, it seems, ought to be able to make laws restrict­ing human free­dom with­out inter­fer­ence from that nassstty Bill of Rightsssessss. (Orthog­o­nally: Jef­fer­son Davis was elected Pres­i­dent of the Con­fed­er­acy on Feb­ru­ary 9th, 1861.)

One of the Con­sti­tu­tional Amend­ments that the States have to honor because of the Four­teenth Amend­ment is the First. They don’t have to worry so much about free speech in Ger­many, where, Bir­git Clark (IPKat) reports, the Ger­man gov­ern­ment cracked down on repro­duc­tions of actual Nazi news­pa­pers that were printed not to pro­mote Nazi philoso­phies but for his­tor­i­cal research, nor in Britain, where, Ken at Pope­hat relates, a high-ranking diplo­mat has been charged with “incit­ing reli­gious hatred” for a loutish out­burst at the gym.

Also on Feb­ru­ary 12, 2009 a com­muter plane crashed in Buf­falo New York, killing all 49 aboard and one per­son on the ground (and it was the lay­off of 800-some pam­pered BigLaw asso­ciates that made the day “black”; lawyers are some kind of ass­hats!). Miami criminal-defense lawyer Brian Tan­nebaum (My Law License) writes in A Plane Crashes, A Law Stu­dent Dies:

The tim­ing of this plane crash makes some things obvi­ous. It was a late Thurs­day night flight from Newark to Buf­falo. What’s obvi­ous is that most peo­ple were going home. Home for the long week­end. Going home like this Florida law stu­dent. It was a short flight, mean­ing some prob­a­bly didn’t call their fam­ily to tell them they loved them, or call them about any­thing. A quick flight, skip and a jump, no big deal.

Now they’re all dead.

Fol­low­ing the crash, New York per­sonal injury lawyer Eric “Turk” Turke­witz mon­i­tored lawyers who were using the inter­net to solicit cases aris­ing from the crash, and wrote two posts about his obser­va­tions: Buf­falo Plane Crash WILL Test New York’s New Anti-Solicitation Rules (Updated x2) and New York Per­sonal Injury Law Blog: Buf­falo Plane Crash Ad Taken Down:

Attor­ney adver­tis­ing and ethics are deeply entwined. And so, when the adver­tis­ing is out­sourced, then the ethics get out­sourced with it.

Speak­ing of out­sourced legal ethics, one thing that I love is to mess with inter­net legal mar­keters. Know­ing this, some kind soul sub­mit­ted for my Blawg Review con­sid­er­a­tion this crassly self-aggrandizing post on a crass adver­tis­ing blog (I have edited away any pos­si­ble SEO value): Mich­gan Trock Acsi­dent Attur­ney is the Author­ity for Trock Acsi­dent Vic­tims | Mich­gan Auto Law Blog.  I enjoyed the account by Stingray at Atomic Nerds gives an amus­ing account of how he dealt with the tele­phone equiv­a­lent of the blawg mar­keter. Oh, and by the way Grant Grif­fiths wants to teach you to blog for profit for profit (that is not a typo); he has man­u­fac­tured a scarcity of 250 “mem­bers.” I wish he had set the num­ber con­sid­er­ably lower, like zero — I don’t believe the world needs another 250 Mich­gan Trock Acsident-type attur­neys who are “blog­ging for profit”; I’m afraid the sud­den increase in peo­ple treat­ing blogs as bla­tant mar­ket­ing tools may be too much for Scott Greenfield’s aging heart. They should, how­ever, be good for at least a lit­tle enter­tain­ment value.

Feb­ru­ary 12th, 1809 was Charles Darwin’s birth­day as well. Howard M. Fried­man (Reli­gion Clause) informs us that the 14th and 15th were “Evo­lu­tion Week­end” in houses of wor­ship. “Over a thou­sand con­gre­ga­tions from all 50 states and 15 for­eign coun­tries [were] slated to take part.” Secur­ing Inno­va­tion blog marks the anniver­sary with “some inter­est­ing infor­ma­tion about patents and the Human Genome Project”. Brownsville, Texas lawyer Ed Sta­ple­ton (Aim Low and You’ll Never Be Dis­ap­pointed) writes, Happy Birth­day Mr. Dar­win, and David Giacalone (f/k/a) notes a link between Lin­coln and Dar­win in their influ­ence on lan­guage, while Win­ning Trial Advo­cacy Tech­niques Blog writes this week about visual dis­trac­tion and … apes in busi­ness suits:

Just once in my life I want to dress a chim­panzee in a busi­ness suit, bring him to court, and seat him next to me at coun­sel table for the entire trial. (If I can train him to hold a sign that says “Tell Us What Hap­pened Next,” he could even per­form a direct exam­i­na­tion or two.)

On Feb­ru­ary 13th, 1935, Bruno Haupt­mann was con­victed of mur­der­ing Charles and Anne Lindbergh’s baby boy. Would Haupt­mann have been bet­ter served by a board-certified criminal-defense lawyer, if such a thing existed then? Ft. Worth criminal-defense lawyer Shawn Mat­lock (the Mat­lock Blog) dis­cusses the ben­e­fits of becom­ing board cer­ti­fied in Texas.

Norm Pat­tis had a client this week who was unjustly accused and then acquit­ted, but Norm, and criminal-defense lawyers every­where, know how it feels to have clients unjustly con­victed. Doubt­slinger says, “kiss my ass, you twelve rocks in a box;” Gideon (A Pub­lic Defender) says that Some days are ago­niz­ing, and Ambimb (Pub­lic Defender Stuff) responds, “Come on San­cho Panza! We have clients to defend.”

One guy who got really badly screwed by the crim­i­nal “jus­tice” sys­tem was Ricardo Rachell, who spent six years in prison for a rape he didn’t com­mit because none of the three pros­e­cu­tors assigned to his case or his defense lawyer could be both­ered to ask for  a DNA test. Rage Judi­cata focuses his rage on the pros­e­cu­tors and the Hous­ton Police Depart­ment. Even less lucky than Rachell was Tim­o­thy Cole, who spent 14 years in prison, where he died of asthma, for a rape he didn’t com­mit. Wal­ter Reaves (Waco Crim­i­nal Law Blog) dis­cusses his thoughts on the case and the dan­gers of misidentification.

Blonde Jus­tice helps us pre­pare to tilt at our wind­mills with her series on how to pre­pare for trial; her Step Four dis­cusses the logis­tics of get­ting ready for trial. Mary­land criminal-defense lawyer Jon Katz (Under­dog), tak­ing a more philo­soph­i­cal tack, writes about Tri­als and the art of blood­less war, col­lect­ing some thoughts on the Art of War and trial:

I have found no book-length dis­cus­sion of Sun Tzu as his teach­ings apply to crim­i­nal defense prac­tice, but have found some of the below-addressed shorter dis­cus­sions related to crim­i­nal defense prac­tice. Today’s blog entry brings together some of my obser­va­tions about Sun Tzu and crim­i­nal defense, and links to oth­ers’ related discussions.

Also in the philo­sophic vein, Stephanie West Allen (ide­alawg) announces a mind­ful­ness med­i­ta­tion retreat for lawyers in Cal­i­for­nia in April.

Feb­ru­ary 13th this year was a Fri­day, a com­bi­na­tion dreaded by triskaideka­phobes, but in my stomp­ing grounds, the Har­ris County Crim­i­nal Cour­t­house, the 10th was unlucky for Judge Ellis of the 351st. He dis­cov­ered after the jury came back with a guilty ver­dict that 13 of 12 jurors had delib­er­ated.

Feb­ru­ary 14th is, of course, Valentine’s day. In obser­vance, Anne Reed (Delib­er­a­tions) col­lects juror-fall-in-love sto­ries in ugly cases, and con­cludes: “If jurors’ minds could wan­der from the evi­dence in these tri­als, we can safely con­clude that they wan­der in every trial. Jurors walk into the court­room with com­pli­cated thoughts, from com­pli­cated lives, and they don’t and can’t set all that aside just because you’re talk­ing.” These jurors might find some words of advice Dr. Fiona Travis’s (Lawyer Avenue) post, Marry a Lawyer? Pro­ceed with Cau­tion.

In other love-related news, Matthew I. Fraidin (Fam­ily Law Prof Blog) informs us that two women who bore chil­dren fathered by the same man (step-babymommas?) have an “inti­mate rela­tion­ship” for pur­poses of the New York State Fam­ily Court Act. And, speak­ing of uncon­ven­tional loves, Cog­ni­tive Daily (again, not a blawg, but you need to be read­ing Cog­ni­tive Daily if your job has any­thing to do with con­vinc­ing strangers to do things) writes about Selec­tion bias and homo­sex­u­al­ity:

A cou­ple hours ago I posted a quick poll, in what might be con­strued as an unbi­ased fash­ion. I sim­ply asked respon­dents for their sex­ual ori­en­ta­tion, offer­ing a wide array of choices rang­ing from “straight” to “mostly gay” to “gay” to “other.”

In fact, my poll was biased — not because the ques­tion itself was slanted, but because of the way respon­dents were recruited: I titled the post “Are you homo­sex­ual?” Poten­tial respon­dents who are homo­sex­ual or who don’t have tra­di­tional sex­ual pref­er­ences are more likely to be inter­ested in the ques­tion, and there­fore more likely to respond.

The les­son for trial lawyers is that the way we ask our ques­tions affects not only the answers we get, but also whether we get answers at all.

I love to read. When I was a child I loved to read. So Wal­ter Olson’s (Over­lawyered) reports on the CPSIA’s effect on pre-1985 children’s books were heart­break­ing to me.

Merg­ing intel­lec­tual prop­erty law and love — One Love — for Valentine’s Day, Dal­las IP lawyer Tam­era Ben­nett (Cur­rent Trends in Copy­right, Trade­mark, and Enter­tain­ment Law) tells us that

Bob Marley’s estate inked a mer­chan­dis­ing agree­ment with pri­vate equity group Hilco Con­sumer Cap­i­tal for the rights to license not only the reg­gae singer’s name & like­ness, but also other branded prod­ucts under the Tuff Gong, One Love, Three Lit­tle Birds, Catch A Fire and Relics of Antiq­uity names.

Marc Ran­dazza (Legal Satyri­con) fol­lows up on his Valentine’s Day 2008 post about the film “2 Girls, 1 Cup” by revis­it­ing that scat film and ask­ing the ques­tion, Should Any­thing Be Held Legally Obscene? Apro­pos of copropha­gia, William Mitchell Col­lege of Law stu­dent Emily Bab­cock (Food Law Prof Blog) warns us of Mer­cury in High Fruc­tose Corn Syrup.

On Feb­ru­ary 15th, 1820, Susan B. Anthony was born. On the same date in 1879, Pres­i­dent Hayes signed a bill allow­ing women to argue cases before the Supreme Court. In 2009 Ms. JD has a weekly roundup of arti­cles on the theme of women in law, and Ann Bar­tow (Fem­i­nist Law Pro­fes­sors) gives us an account of two aspir­ing lawyers’ treat­ment online that reminds us that we’re a long way from treat­ing women as fairly as they deserve. As Nebraska criminal-defense lawyer David Tar­rell (In The Moment) reminds us in The Pack­ing Sta­ple, how we treat peo­ple can rever­ber­ate in ways hard to imagine.

Feb­ru­ary 15th is also Canada’s Flag Day. Cana­dian Law Blog Law is Cool reminds us with a car­toon that It’s Not Easy being a Felon on Valentine’s Day.

Galileo Galilei was born on Feb­ru­ary 15, 1564. He gave us a whole new way of look­ing at the uni­verse. Orlando / Tampa tax lawyer Peter Pap­pas (the Tax Lawyer’s Blog) gives us a whole new way of look­ing at one lit­tle part of that uni­verse by telling us that we have rights as tax­pay­ers (who knew?) and what to do when the IRS screws up.

Finally, Galileo gave us a bet­ter under­stand­ing of outer space; The Under­blawg dreams of Alpine, Texas, and space of a dif­fer­ent sort:

I mean, I’ll tell you (and this is not the sort of thing that I’d nor­mally tell because it’s crazy and stu­pid and, though I’m both, I like to hide it), but I’ve got this dream and in this dream, there’s space. A lot of it. Real space, and not one human thing around me that’s not mine. I can’t see the neigh­bors and they can’t see me.

That’s my Blawg Review, and I’m stick­ing to it.

Blawg Review has infor­ma­tion about next week’s host, and instruc­tions how to get your blawg posts reviewed in upcom­ing issues.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

28 Responses to “Blawg Review #199”

  1. […] Review #199 Mark Ben­nett gives us a his­tor­i­cally based blawg review over at Defend­ing Peo­ple fea­tur­ing many of our favorite […]

  2. gideon says:

    Ter­rific!

  3. shg says:

    I’m breath­less. I think you’ve found your new calling.

  4. […] Com­ments Defend­ing Peo­ple » Blawg Review #199 on Some days are ago­niz­ingDe­fend­ing Peo­ple » Blawg Review #199 on Ban […]

  5. Like the end of a beau­ti­ful Opera, I cried. (I’ve never been to the opera). The ABA must be pop­ping the corks of their best cham­pagne read­ing their #1 crim­i­nal law blog at its finest hour. All crim­i­nal law blog­gers should make this a day of silence in your honor.

  6. Grey Tesh says:

    Fan­tas­tic. How do you have time for any­thing else?
    Grey

  7. mhoram says:

    fan­tas­tic!!

    cur­rent tally:

    arrests in the Michael Phelps bong case: 8
    arrests in the tainted peanut case: 0

    Which tells us that a photo of a swim­mer, which may or may not show mar­i­juana, is much more of a threat to soci­ety than salmonella-tainted peanut but­ter which has actu­ally killed people.

  8. anna says:

    I actu­ally did read this mass of mate­r­ial which is great. But my com­ment still remains, Huz­zah for Hous­ton Pros­e­cu­tor Arthur Seaton who is unfor­tu­nately rare among pros­e­cu­tors in that he can rec­og­nize STUPID! I wish we had more like him.

  9. Hands down best Blawg Review of the year so far. Sure to be con­tender for best of entire year. Thanks for giv­ing me the oppor­tu­nity to laugh at myself and my overly-serious lit­i­ga­tor colleagues-now-clients. And death to the War on Drugs should be def­i­nite order of biz for Obama (not right now prob­a­bly, but soon, and for­ever). There should be at least half as many drug rehab cen­ters as there are liquor stores + churches. Come to think of it, at any moment of most any day in nearly every city of the coun­try, there IS a drug rehab group meet­ing in the base­ment of most churches. And they’re free. Come to think of it .… . .

  10. Wow. Excel­lent work (as usual), Mark.

  11. It’s unfor­tu­nate that you quote Seaton, how­ever. He just took the stance in another blog that we need not try to pre­vent wrong­ful con­vic­tions in the future, since we do enough as it is.

    He’s basi­cally say­ing “we don’t need to improve, we’re good enough at con­vict­ing the wrong peo­ple as it is!”

    Moron.

  12. […] Mark Ben­nett, of crim­i­nal law blog Defend­ing Peo­ple, gives it a men­tion in the course of host­ing Blawg Review no. 199. If you have time to read only one post from the week­end on the topic of CPSIA and books, however, […]

  13. Arthur Seaton says:

    Ah Rage–once again your pen­chant for stu­pid­ity out­lasts your abil­ity to rea­son and argue. How the hell did you ever become a lawyer anyway?

    Mr. Seaton, Esq., never–not once–said that the state does enough to pre­vent wrong­ful con­vic­tions, nor did he “basi­cally” say we don’t need to improve. In fact, what I said was that wrong­ful con­vic­tions are exceed­ingly rare, and that they can’t ever be elim­i­nated, as our sys­tem is pop­u­lated, from crooks to cops, by peo­ple. And peo­ple, more’s the pity, are wont to make mis­takes at every turn. Why, take a look at your dri­vel mas­querad­ing as thought­ful post­ing, and you see what I mean!

    • Mark Bennett says:

      Okay, boys. If you two want to kill each other in pri­vate like civ­i­lized gen­tle­men, I’ll be happy to make the intro­duc­tion, but the piss­ing match ends here.

  14. […] of the Law Blogs, or what­ever they’re called, to know whether it counts as the best, but Mark Bennett’s roundup of the last week in law is one of the best blog posts I’ve seen in some time, legal or […]

  15. Arthur Seaton says:

    Indeed Mr. Ben­nett. Point taken.

  16. Charon QC says:

    Excel­lent Blawg Review… res ipsa loquitur.

  17. […] The arti­cle I wrote for City Jour­nal Thurs­day on the legal fate of pre-1985 children’s books has been draw­ing all sorts of atten­tion, and all I can acknowl­edge are a few of the high­lights. Edu­ca­tion expert Jay Greene and Dar­leen Click at Pro­tein Wis­dom are among those put in mind of Ray Bradbury’s novel Fahren­heit 451. “Of all the risks fac­ing Amer­i­can chil­dren, old books must rank very, very low,” writes lead­ing edu­ca­tion blog­ger Joanne Jacobs. Will Ben­ton: “Every time I learn some­thing new about the CPSIA, I get more enraged.” Illi­nois blog­ger T. Varner notices an ad for a local thrift store say­ing it would no longer accept dona­tions of a “very long list” of items includ­ing “children’s books pub­lished before 1985?; only later does it click. Hec­tor Owen: “This is what hap­pens when Con­gress passes these bloated bills that nobody reads, and the Pres­i­dent signs them, and then we start to find out what was in there. Oh dear, what did they just do last week?” JDub at Ace of Spades: “Over­lawyered has pretty much flooded the zone on this — I don’t want to sim­ply link all of the things he’s got, so give him a look. … Go. Read. Be angry.” And Mark Ben­nett, of crim­i­nal law blog Defend­ing Peo­ple, gives it a men­tion in the course of host­ing Blawg Review no. 199. […]

  18. S.O. says:

    So what was the out­come on this? They arrested 7 right? But did not arrest the one per­son who actu­ally has a pic­ture of him­self smok­ing some sub­stance. Polit­i­cal? maybe.

    • S.O. says:

      Nvm, Found the solu­tion on CNN. Seems that no one will be charged. Don’t you hate it when you have a nation­ally known star in one of your busts.. sheesh… You just can’t find good cor­rup­tion anymore.

  19. […] Bear­watch: Where is Paul Moore’s bonus? Paul Moore, for­mer head of risk man­age­ment at HBOS (which, by the way, has just cratered its new owner, Lloyds Bank), was sacked in 2005 by Sir James Crosby, allegedly for warn­ing about the bank’s exces­sive lending.More… Best Crime Blawg Review Ed of Blawg Review writes: Crim­i­nal defense attor­ney Mark Ben­nett hosts Blawg Review #199 at Defend­ing Peo­ple, the win­ner of the ABA Jour­nal Blawg 100 award for best crime law blog in 2008. I said it on Twit­ter, and I’ll say it again here, “The next time some­body asks me how to write a great Blawg Review, I swear I’m just going to tell ‘em where to go.” Go see Mark Bennett’s Blawg Review #199. […]

  20. […] Reac­tions from Hous­ton crim­i­nal defense blog­ger Mark Ben­nett at Defend­ing Peo­ple and again at Blawg Review #199, Carter Wood at NAM ShopFloor and again, David Fos­ter at Chicago Boyz, Der Schweizer Narr (from […]

  21. […] Tim­ber, 5 Kids and a Dog, Mark Bennett’s note­wor­thy posts at Defend­ing Peo­ple reprised at Blawg Review #199, Carter Wood at NAM ShopFloor and again, David Fos­ter at Chicago Boyz, Der Schweizer Narr (from […]

  22. A won­der­ful blawg review. I am hon­ored to appear in it. Thank you.

  23. […] Bear­watch: Where is Paul Moore’s bonus? Paul Moore, for­mer head of risk man­age­ment at HBOS (which, by the way, has just cratered its new owner, Lloyds Bank), was sacked in 2005 by Sir James Crosby, allegedly for warn­ing about the bank’s exces­sive lending.More… Best Crime Blawg Review Ed of Blawg Review writes: Crim­i­nal defense attor­ney Mark Ben­nett hosts Blawg Review #199 at Defend­ing Peo­ple, the win­ner of the ABA Jour­nal Blawg 100 award for best crime law blog in 2008. I said it on Twit­ter, and I’ll say it again here, “The next time some­body asks me how to write a great Blawg Review, I swear I’m just going to tell ‘em where to go.” Go see Mark Bennett’s Blawg Review #199. […]

  24. […] to blog.  We’ve been for­tu­nate enough to have our efforts men­tioned among some of the very best, for which we’re deeply […]

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