January 2010

On Ghostblogging, West Berlin, and the Internet

January 31, 2010 Criminal Law Bloggers

As a college student in the 1970s, I visited East Berlin with some friends.  One night, after returning back into West Berlin through Checkpoint Charlie, we were at a pizza parlor when we witnessed a fist-fight outside a nightclub next door.  I had never seen anything like that before, and was shocked by the brutality [...]

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Philadelphia: Where the One-Eyed Man is King

January 30, 2010 Law Practice

My wife does not read this blog.  I understand.  She’s busy.  Friends or family will tell her they enjoyed something they read on the blog and she will smile and thank them, but she really has no clue what they are talking about. I showed her my website when it first went up last fall.  [...]

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Studying for the Virginia Bar Examination

January 30, 2010 Law Practice

In 24 days I will be sitting down to take another bar, this time in Virginia.  The idea, which seemed like a pretty good idea when I came up with it last fall, is that I will be able to extend my criminal law practice from D.C. into Virginia, which is also where I live. [...]

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A Conflict of Interest for D.C. Superior Court Judges

January 27, 2010 Criminal Procedure

Yesterday’s testimony of D.C. Superior Court Magistrate Judge Janet Albert as a witness in a criminal case against her former girlfriend raises challenges for everyone involved.  A number of D.C. judges, including Lynn Leibovitz, refused to hear the case.  And it will be left to court-appointed defense attorney Dorsey Jones Jr. to cross-examine the judge [...]

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Felony-Murder and the Case of Annie Le

January 27, 2010 Other Criminal Offenses

A loyal reader (okay, it’s my brother-in-law George) has asked me to explain the difference between murder and felony-murder.  George learned of the distinction while reading about yesterday’s not guilty plea in the Yale graduate student murder case.  For those of you who are not familiar with the case, Raymond Clark III was charged last [...]

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Celebrating “Legal Technicalities”

January 25, 2010 Criminal Procedure

In “Reconfiguring Terms,” legal blogger Gideon complains about the widespread use of  the phrase “legal technicality” to explain why a particular criminal case was dismissed.  Writes Gideon:  “It really grinds my gears when I hear lay people . . . use the term technicality to describe a violation of some Constitutional right.” Gideon is absolutely [...]

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A Public Apology in a Criminal Case

January 25, 2010 Criminal Procedure

In a blog entry entitled “Victims Speaking Out,” D.A. Confidential describes the cathartic effect allocutions can have for the victims of a crime.  “Allocution” refers to the dialogue between a judge and a defendant prior to sentencing.  Allocution allows the defendant to ask for mercy, explain his or her conduct, apologize for the crime, or [...]

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Miranda Rights and the Christmas Day Bomber

January 24, 2010 Criminal Procedure

The client was so excited he could hardly contain himself when he came into my office.  “We’ve got this case beat,” he told me.  Why is that?  “Simple,” he said.  “The police never read me my rights.” The Miranda rights are deeply ingrained in our society and culture.  The U.S. Supreme Court briefly considered abolishing [...]

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The “Jury Trial Tax”: The Penalty for Insisting on a Jury Trial

January 23, 2010 Criminal Procedure

It is a sad but well-known fact among criminal defense lawyers in many jurisdictions that if you insist on a jury trial and lose, you will get a stiffer penalty than if you lose the same case in front of a judge.  That’s right:  Same facts.  Same verdict.  Different sentence. This is a variation of [...]

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Overcrowding at D.C. Juvenile Detention Center

January 21, 2010 Juveniles

The Washington Post reported this morning on extensive overcrowding at Washington, D.C.’s youth detention center on Mount Olivet Road.  According to the Post, as many as 156 juveniles have been crammed into a facility designed to house no more than 88:  “The surge in detainees has strained space and staff . . . and has [...]

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