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Archive | 6. Trial RSS feed for this section

What’s an “analogue”?

October 4, 2012

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If you read the statutes on synthetic cannabinoids, you’ll constantly run into the phrase “and it’s analogues” (sometimes spelled “analog”).  A lot rides on the definition of that word.  Is, for example, UR-144 an “analogue” of JWH-018?  If it is, your prospects are dim at trial.  If it’s not, we’re high-fiving afterwards at the bar […]

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Operation Log Jam finds a wood chipper

September 11, 2012

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Someone find me a case out of the hundreds if not thousands that came out of Operation Log Jam that will go to trial on the science – the chemistry – of Synthetic Cannabinoids.  It isn’t happening.  Not one.  Why not?  The strong arm of the government is belligerently in the face of small businesses […]

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Pennsylvania DUI Case Law

May 17, 2012

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I’m researching a point of law on the two-hour rule.  I came across a fellow attorneys’ site (Morrow & Artim, Pittsburgh, PA) that has a great list of Pennsylvania DUI cases.  I’ve included the first seven below; click on the link below the list to go to their site to see the remaining cases. For most […]

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What to do with opposing experts

March 12, 2012

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I caught opposing articles on a supposed scientific fact.  Article 1: New chemical analyses have found that Coca-Cola, Pepsi-Cola, Diet Coke, and Diet Pepsi contain high levels of 4-methylimidazole (4-MI), a known animal carcinogen. The carcinogen forms when ammonia or ammonia and sulfites are used to manufacture the “caramel coloring” that gives those sodas their […]

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Juvenile Criminals: Coddle or smack upside the head?

January 24, 2012

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Juvenile Criminals: Coddle or smack upside the head?

Our precious little snowflakes would never hurt anyone, right?  They didn’t intend to put the hurt on that person. They didn’t mean to steal.  The other kid instigated it.  Blah, blah, blah.  But ask instead about someone else’s kid, and the story changes – That kid was always trouble; the parents are useless; he hangs with […]

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The danger of not being first: When prosecutors learn off co-defendants

January 23, 2012

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The danger of not being first: When prosecutors learn off co-defendants

You’re going to trial.  Would you rather a top-end sentence of 40 years or Life?  As an outsider, which crime do you think would be harder to prove – the 40-year max or Life? I was researching a possible appeal this week.  A person was wrongfully killed about 20 years ago by three men.  The […]

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Don’t Talk to Cops. Ever. But do listen to this cop talk.

January 20, 2012

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Don’t Talk to Cops. Ever.  But do listen to this cop talk.

I was surfing the net for criminal topics.  As best as I can recollect, I got on the Ohio Public Defender site, and then found a link to the video below.  When someone devotes 48 minutes to explaining why not to talk to cops – and that someone is not some girl from the hood, […]

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Trolling Research Papers, January 2012

January 19, 2012

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Trolling Research Papers, January 2012

I can spend hours at a clip trolling the Social Science Research Network for papers.  Hit “Browse” by the masthead and have at it, or type “Criminal” (or whatever) in the search box then change the sort to “Date Posted, Descending.”  Just watch the original publication date because it doesn’t always coincide with the SSRN […]

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Opt for the Village: Jury Trial Better for Defendant in Close Evidentiary Calls

January 16, 2012

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Opt for the Village: Jury Trial Better for Defendant in Close Evidentiary Calls

It’s a fundamental issue to resolve for every trial:  Take a jury or opt for a bench trial (over which a judge presides without a jury)?  Commonly agreed reasons for opting for a judge-only trial include highly technical defenses and highly emotional cases.  Judges are less likely to be swayed, so the story goes, by […]

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SCOTUS Criminal Opinions – January 10-11, 2012

January 13, 2012

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SCOTUS Criminal Opinions – January 10-11, 2012

The Supreme Court of the United States done us right good – two days, four opinions with criminal-law implications.  We may not like them, but final rulings are always a good thing.  Let’s dig in. We were waiting for Perry v. New Hampshire after our writing on eyewitness testimony, and now we have it.  Here’s the […]

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