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Due Process v. Ex Post Facto: Why we’re still arguing a Death Penalty case 34 years later

January 4, 2012

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Due Process v. Ex Post Facto:  Why we’re still arguing a Death Penalty case 34 years later

This case is so old, I’ve added the “History” tag.  Oh for the days when a horse thief was found guilty on Monday and hung on Tuesday.  So you know where we’re heading before we get lost in the decades, SCOTUS has been petitioned to grant cert.  No reaction yet, but I suspect they will […]

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Tripping through Legal History at the end of 2011

December 31, 2011

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Tripping through Legal History at the end of 2011

Let’s look over our shoulders at what happened on or around this day in legal history … On December 31, 1775, George Washington ordered recruiting officers to accept free blacks into the army.  Concerning slaves, Washington had a mixed history.  He owned slaves for most of his life, as president he sent money to France to […]

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When Habeas Corpus Fails

December 30, 2011

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When Habeas Corpus Fails

The Writ of Habeas Corpus (Latin – We command that you have the body) is a cornerstone of our Constitutional rights.  Properly filed, it requires the government to produce an incarcerated person and to defend the basis for the imprisonment.  If the government’s defense fails, the person walks … kinda sorta that’s how it works […]

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Eyewitness testimony: Remembering what you didn’t see

December 29, 2011

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Eyewitness testimony:  Remembering what you didn’t see

Set aside the alleged over-importance jurors give to Expert Witnesses when it’s explained from the comfortable confines of his $3,000 hand-tailored suit that Analyses A and B led to Conclusion C with a 99.9944% accuracy, and then the DA rams home during closing argument that Conclusion C points to and only to the guilt of […]

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Lawsuit of the Day: Can necessity excuse cannibalism?

December 28, 2011

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Lawsuit of the Day:  Can necessity excuse cannibalism?

“Necessity,” which we’ll discuss later in this post, is a legal concept that excuses certain otherwise illegal acts.  A common example is torching a house to stop the progress of a fire which would otherwise take out an entire neighborhood.  The Arson is overlooked for the greater good. A less dramatic example is when a […]

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Homicides & Gun Permits

December 27, 2011

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Homicides & Gun Permits

If you want the politically sanitized version of this discussion – “If we just got rid of every gun in the world, unicorns would prosper and every day would have rainbows” – Google “homicides and gun permits” then enjoy. I’ll make it easy for you – read this tripe.  I have no use for such contorted […]

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Excluding Evidence: A Primer and Lesson as the US DOJ Goes Down

December 26, 2011

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Excluding Evidence:  A Primer and Lesson as the US DOJ Goes Down

We’ve all heard of cases where evidence was excluded from the eyes and ears of the jury.  Television is full of dramatic examples.  Wailing waifs can be heard to claim that some criminal “got off on a technicality.”  Probably the first example most folks would give is a cop searching without a Warrant.  That evidence, […]

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In re: PFC Manning and Rushes to Judgment

December 19, 2011

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In re: PFC Manning and Rushes to Judgment

Every once in a while a trial comes along that concerns an incident broadcast widely.  When I was cutting my teeth as an attorney, it was OJ Simpson.  Recently, it was Michael Jackson’s doctor and that girl in Florida that supposedly killed her daughter.  Today, it is PFC Manning. Manning allegedly downloaded a ton of […]

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Yes, I’ll sue an organizing labor union in a heartbeat. Zero hesitation

December 17, 2011

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Yes, I’ll sue an organizing labor union in a heartbeat.  Zero hesitation

Labor unions are run by criminals that engage in illegal conduct to force new union locals on companies so that they can thereafter engage in legalized extortion.  And if the company owners tire of taking it up the ass?  The union leaders compel a strike, complete with vandalism and personal threats.  Oh, and all the […]

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Why does every state have its own criminal laws?

November 22, 2011

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Why does every state have its own criminal laws?

Simple view:  Because we’re actually 50 countries that agreed to form a common union to make economics easier by and between us. Look at it this way … Europe is not a country – it’s a geographical area.  France, Germany, Italy, et al., are individual countries.  They decided as a group to join forces in […]

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