Defending People

the tao of criminal-defense trial lawyering

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| May 14, 2009

Now available: this blog, delivered wirelessly to your Kindle!

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Because The Customer Is, At That Point, Often Wrong

| May 13, 2009

My Paladin Didn’t Charge Split Fees post stirred up some interesting discussion between criminal-defense lawyers and others in the comments. Mississippi criminal-defense lawyer Remy Orozco, who wrote the post that inspired mine, commented: This last year in private practice has brought me very few cases where my clients actually wanted to go to trial . [...]

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Paladin Didn’t Charge Split Fees.

| May 9, 2009

Everyone thinks that his way is the best. In his “How to Hire a Gun Slinger…” blog post (a staple of criminal law blawgs: the post suggesting to potential clients criteria they should look for in hiring a lawyer, and explaining how the blogger fits those criteria; I may have written that post a time [...]

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DA’s Office Does Right

| May 7, 2009

From UH Law professor David Dow: In December 2008, Mariano Rosales obtained federal habeas relief on a Batson claim.  The district court found that race had improperly influenced the prosecution’s decision to strike at least three jurors.  The attorney general elected not to appeal. Rosales was convicted in connection with a tragic shooting in 1985.  [...]

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The “Prosecuting Policy” Argument

| May 3, 2009

One argument against prosecuting the waterboarders is that if the new government prosecutes the old government for its policy decisions, the Republic is doomed. The principle is sound, but its application to the question at hand – whether those who waterboarded in our name should be prosecuted – is flawed. Whether to torture is a [...]

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Guantanamo Newspeak

| May 3, 2009

Officials who work on the Guantánamo issue say administration lawyers have become concerned that they would face significant obstacles to trying some terrorism suspects in federal courts. Judges might make it difficult to prosecute detainees who were subjected to brutal treatment or for prosecutors to use hearsay evidence gathered by intelligence agencies. U.S. May Revive [...]

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Torture Segue #1

| May 1, 2009

I’d like to believe that torture doesn’t work. If torture didn’t work, that’d be sufficient reason to forbid it; sufficient but not necessary. Torture is malum in se; it’s illegal—and should be—not because it’s ineffective but because it’s wrong. My opposition to torture is a matter of honor. It doesn’t matter to me whether it [...]

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