Monday, February 14, 2011

Happy V Day!










The (much) less famous Marcus (but more importantly better Beth Am basketball player) in the house covering for the Big D. I haven't won a grammy or anything but I'm feeling pretty good this morning. At the shiny controls of the Blog mothership, my spiritual journey from prosecutor to defense lawyer is now complete. And the week already is a personal success because I learned the important stuff like inserting pics. Time to put the toys down and figure out something to write for you all. Feel free to email me noteworthy items this week at jeffmarcus@bellsouth.net.

Saturday, February 12, 2011

Welcome a new guest blogger

Starting Monday, I'm excited to announce that we'll have Jeff Marcus guest blogging for the week.

Enjoy!

Friday, February 11, 2011

Friday

Last night was an unbelievable event for the FBA. Congrats to Brett Barfield for the most well-attended event in recent history.

The District just updated its website, but now there is a push to have all the district courts conform to a template. Not sure why this is what our government should be spending money on. Does it matter if our District's website is the same as the District of Oregon's website? This example of inconsistency doesn't really persuade me:

The home page for the U.S. District Court for Alabama's middle district cheerily offers a "Kids' Corner" where "kids of all ages" can find out more about the federal court system. But if you go to the court's home page for information on filing a judicial misconduct complaint, you'll only find it if you click on the "judges information" tab.

Nebraska's federal district court site, on the other hand, has a tab specifically labeled "judicial misconduct and disability" on its home page. But its "kids' corner" is pretty well hidden under a "community/educational outreach" tab.

Those randomly picked examples of inconsistency between federal trial court Web sites may become a thing of the past because of a recently created "website toolbox" that went out to all 94 district courts late last month.


In other news, Mr. Melendez-Diaz of Supreme Court fame, just won an acquittal. From the Boston Globe:

A Jamaica Plain man has been acquitted in a retrial of a cocaine trafficking case that went to the US Supreme Court and resulted in a landmark decision affecting evidence in criminal trials around the country.

Melendez-Diaz’s appeal of his 2004 cocaine trafficking conviction led to a ruling by the Supreme Court in 2009 that the US Constitution’s Sixth Amendment guarantees defendants in criminal cases the right to confront forensic experts in court.

The ruling invalidated a Massachusetts law that allowed prosecutors to present forensic experts’ reports as evidence without giving defendants a chance to cross-examine them.

During Melendez-Diaz’s retrial, prosecutors followed the new regime laid out by the high court. On Wednesday, they called to the stand a chemist from the state Department of Public Health who testified that the substance allegedly found in the back seat of a police cruiser with Melendez-Diaz and two other men in 2001 had tested positive for cocaine.

Margaret Fox, defense lawyer for Melendez-Diaz, said the verdict was “an enormous relief.’’

“It was a case that really seemed to be about guilt by association,’’ she said. “He’s very thankful he was given a second trial and that the jury got it right.’’

Thursday, February 10, 2011

“This was a murder case. His vacation schedule trumped everything. You don’t make decisions based on [when you will be] sipping piƱa coladas.”

That was Alan Dershowitz, criticizing a judge (during an appellate oral argument) for forcing a defense lawyer to give a closing so that the judge could get to his vacation.

Dersh did give props to the appellate court: Afterwards, Dershowitz said, "The court was extremely well prepared. ... No one can predict the outcome of an appeal."

Federal Bar Judicial Reception

It's tonight at the Hyatt. 5:30-8:30. Always a great event.






Wednesday, February 09, 2011

Omar is coming

Does it count as a win in the 11th Circuit if you get a reversal because the district judge didn't staple his findings on the defendant's objections to the PSI?

What else is going on?

Professor Ogeltree has come up with the coolest law school class ever: “Race and Justice — The Wire.” The Wire has to be a top 5 show of all time, no?

Tuesday, February 08, 2011

Not a good way to start an opinion if you are a criminal defendant

This appeal involves the reasonableness of the sentence for the robber of a post office who thrust his revolver close to the face of a postal clerk, demanded money, and shouted a racial slur and obscenities and had a history of violent criminal behavior. Harold Leroy Housley Jr. challenges his sentence of 120 months of imprisonment, which is 42 months above the guidelines range of 63 to 78 months, for robbery of money belonging to the United States. 18 U.S.C. § 2114(a).

Odds on whether the next sentence in the opinion is "We affirm" or "We reverse"?