Clik here to view.
Beyond a Reasonable Doubt 2: Reason Harder
A couple of weeks ago, I wrote this post attempting to make sense out of the incomprehensible landscape of reasonable doubt and the different ways in which judges define – or refuse to – those terms to...
View ArticleClik here to view.
How to keep your liberty intact at DUI checkpoints – one man’s theory
An attorney in Florida – and former candidate for NY Governor – has posted his method for avoiding getting arrested at DUI checkpoints (which are legal). It’s called the “talk to the hand coz the face...
View ArticleClik here to view.
CT: Miller applies to non-mandatory LWOP
In a long awaited decision, the CT Supreme Court last Friday ruled that Miller v. Alabama applies to all youth sentenced to the functional equivalent of life without parole, even though such a sentence...
View ArticleClik here to view.
Hold prosecutors accountable to restore faith in the justice system
“Her license remains active and in good standing.” The words rang out at me as I stared at a newspaper article in the Indianapolis Star. It was about the conduct – or misconduct – of a woman named...
View ArticleClik here to view.
Are there viable solutions for prosecutorial misconduct?
Just last week, I wrote a lengthy column in the Law Tribune outlining the many instances of prosecutorial misconduct occurring over the last month and a half or so, all of which seemingly went...
View ArticleClik here to view.
Bail me out, bro
For most people who get arrested for anything, big or small, the only thing standing between them and liberty is the amount of bail that will be set. For everyone, the only thing standing between them...
View ArticleClik here to view.
LaPointe gets a new trial
Richard LaPointe’s quarter century quest to undo his conviction (my backgrounder post) finally has the stamp of approval of the State’s highest court. Yesterday, in a fractious 4-2 opinion [PDF], the...
View ArticleClik here to view.
From this day forward, [we] no longer shall tinker with the machinery of death
Three years and four months ago, Connecticut abolished the imposition of the harshest penalty – death – for any offense, no matter how severe. There was one caveat, however. Those who already were...
View ArticleClik here to view.
Abolition of the death penalty is not a judicial “contrivance”
There’s been a lot of commentary about the abolition of the death penalty in Connecticut since State v. Santiago [PDF] was decided last week. Some of it has been interesting and insightful, if a bit of...
View ArticleClik here to view.
A dream unrealized
It’s MLK Day again and the familiar lament of Dr. King’s words echo through our consciousness. Yet, almost half a century on from his sacrifices and his labor, his words remain unheeded and his dream...
View ArticleClik here to view.
Bill Cosby and the unwritten agreement
This whole Bill Cosby’s mysterious unwritten plea agreement slash non-prosecution agreement slash immunity promise slash missing scrolls saga is a very fascinating law school hypothetical. There was...
View ArticleClik here to view.
See no evil, hear no evil
“When you see something, say something” is law enforcement’s mantra for the 21st century. Record everything, spy on everyone, eavesdrop on your neighbors, be a rat like no rat has ever been a rat...
View ArticleClik here to view.
In news that should surprise no one
Ohio’s death penalty is racist and sexist: [Frank Baumgartner, a University of North Carolina political science professor] looked at Ohio’s 53 executions between 1999 and 2014, finding “significant and...
View ArticleClik here to view.
Bill Cosby doesn’t get off on a weird technicality
He gets off on drugging women and fondling them, but that’s not what I meant. As you by now no doubt have heard, Bill Cosby’s bid to have the sexual assault prosecution against him dismissed has...
View ArticleClik here to view.
Implicit biases, subtle racism and privilege: a West Hartford tale
Two days ago, a Hartford Courant Communities reporter Kristin Stoller posted an article, which was essentially a police puff piece, touting the decrease in DUI arrests in the suburban town of West...
View ArticleClik here to view.
Everyone pays for prosecutorial impropriety except prosecutors
On January 12 this year, Lucas Betancourt, a felon convicted of various forms of kidnapping, burglary, robbery and attempts thereof received word that his request to a judge to have his convictions...
View ArticleClik here to view.
About that Scalia quote on executing the innocent
After the news of Justice Scalia’s death broke and people eulogized him and hated him and politicized him, one quote attributed to him started making the rounds of Twitter and thinkpieces. It was this:...
View ArticleClik here to view.
I think we oughta just f*&!@ pop him
From the Record-Journal: Officer John Slepski and John Slezak’s actions responding to the report of an intoxicated man lying in the middle of the road resulted in unpaid suspensions for both officers...
View ArticleClik here to view.
On #PublicDefenseDay let’s talk about you
It’s the 53rd anniversary of my birth, the day when the unfunded mandate of state-provided lawyers for the poor was declared1. The decision was absolutely right and led to the creation of public...
View Article