Justice Scalia called "friend" of criminal defendants...

...by the LA Times. So there, Rumpole. Check it out:

Justice Antonin Scalia, the Supreme Court's most outspoken and combative conservative, is not often described as friendly to criminals.

But in recent years, Scalia has led an unusual pro-defendant faction at the high court in reversing convictions for murder, drug dealing, wife beating and drunken driving.

Next up in early December is a Chicago rapist who claims his 6th Amendment right to confront his accusers was violated because prosecutors did not put on the witness stand a lab technician from Maryland who conducted the DNA test that sent him to prison.

This claim might have been a loser even during the court's long-past liberal era. But with the relentless Scalia leading the charge, it may well succeed, a prospect that worries prosecutors and crime lab directors across the nation.

Sometimes, Scalia's insistence on following the "original" Constitution leads to unexpected results. And for him, there are no shades of gray and no halfway measures.

The 6th Amendment to the Constitution says the "accused shall enjoy the right … to be confronted with the witnesses against him." To Scalia, this clause not only gives defendants the right to challenge actual witnesses, but also the right to bar testimony from all those "witnesses" who did not or cannot testify in court. He takes this view even if the witness is dead.

Three years ago, Scalia led the court in reversing the murder conviction of a Los Angeles man who shot and killed his girlfriend. A police officer testified the victim had reported that Dwayne Giles threatened to kill her. Scalia said that testimony violated Giles' rights because he could not confront or cross-examine her.

"We decline to approve an exception to the Confrontation Clause unheard of at the time of the founding," Scalia said for 6-3 majority. This went too far for liberal Justices John Paul Stevens and Stephen G. Breyer.

How is it possible ...

... that the lead defendant's name is Mullet?

HT: ALC

"The Federal War on Drugs is a total failure."

That's Ron Paul at the Republican debate last night. Of course he's right, but why is he the only one (Democrat or Republican) to admit it?



Have a happy Thanksgiving.

Brian Tannebaum's holiday advice

Check it out here at Above the Law. One nugget:

Do not take your staff out for lunch

Your staff does not want to hang out with you. Not even her, the secretary who you think loves you and thinks your wife is awesome for giving her those stupid baskets of bath salts for Christmas. Your staff wants two things for the holidays — time off and money. I know, you think it’s cool to take them to that great steakhouse you go to three times a month, but is it really fun to watch them quietly and uncomfortably drool at a restaurant they’ve never been to and couldn’t afford unless you were paying for it?

The happiest I ever saw the staff in my office? The Friday before Christmas they arrived at work, were given gift cards, and told they could leave at noon and spend the rest of the afternoon shopping. Think about it — money and getting away from you sooner than expected — it makes you the hero.

Happy happy, joy joy:

Monday morning questions

1. Why don't they teach lawyering in law school (via NY Times)?

2. Why don't we require prosecutors to hand over all exculpatory information (via LA Times)?

3. Why doesn't that Supreme Court allow cameras (Via Time Ideas)?

4. Should Justice Kagan recuse from the health care cases (via USA Today)?

5. What is Justice Stevens doing in retirement (via Washington Post)?