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December 5, 2011

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I got a Public Defender. That’s bad, right? Slow down, Brewster

I got a Public Defender.  That’s bad, right?  Slow down, Brewster

Cutting to the chase of the Constitution, when a person faces the risk of incarceration over a criminal case they are entitled to an attorney free of charge if they can’t afford one out of their own pocket.  It’s quite the requirement to satisfy as a fundamental aspect of our criminal-justice system.  In my judicial […]

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December 2, 2011

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Lawsuit of the day: Kidnapper sues for breach of contract

Lawsuit of the day:  Kidnapper sues for breach of contract

Too funny.  Here’s the drill: In his lawsuit, 25-year-old Jessie Dimmick of Aurora, contends that after breaking into Jared and Lindsay Rowley’s Topeka-area home while fleeing police, he and the couple reached a legally binding, oral contract that they would hide him for an unspecified amount of money. Dimmick, who is representing himself, is seeking […]

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November 22, 2011

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Is law school worth it?

Is law school worth it?

I had a good number of my students – graduate and undergrad – tell me that they were going to go to law school because of my teaching.  They liked the way I think, they said.  That kinda sorta felt good.  And I know that some of them actually went through with it (as opposed […]

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November 22, 2011

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Why does every state have its own criminal laws?

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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November 21, 2011

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For me but not for thee? Insider trading by members of the US Congress

For me but not for thee?  Insider trading by members of the US Congress

I don’t understand some things in life.  I do, however, understand a lot.  I get the 2d Law of Thermodynamics, for example. Scientists can use all the big words and symbols that they want, but the most concise statement of the 2d Law is that “eventually, all things turn into sh**.”  I know that geese […]

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November 20, 2011

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Lawsuit of the Day: Children & Youth about to get smacked

Lawsuit of the Day: Children & Youth about to get smacked

Here’s the Opinion out of federal court (Western District, PA) for Bower v. Lawrence County Children & Youth, et al. First, I need to write that Children & Youth have an almost impossible job, analogous to a parole officer – they have to be right 100% of the time.  If C&Y or a PO fail […]

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November 18, 2011

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Sir Walter Raleigh lost his head, and we got the 6th Amendment Confrontation Clause

Sir Walter Raleigh lost his head, and we got the 6th Amendment Confrontation Clause

So Wally – Sir Walter in front of his stuck-up wife – was pissed.  He spent 13 years in the Tower of London based upon hearsay evidence.  It seems that Spain was going to fund the ouster of King James I.  One of Wally’s pals, Lord Cobham, was going to go there, pick up a ton […]

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November 17, 2011

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Megan’s Law & Sex Offender Registration in Pennsylvania

Megan’s Law & Sex Offender Registration in Pennsylvania

Megan is a Welsh name meaning “little pearl.”  Megan Kanka was 7-years old when she was murdered in 1994.  The murderer raped her before and after he snuffed her.  He had two sexual assault priors, both with little girls (ages 5 and 7), and did a bit under seven years total.  The dude got the […]

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November 17, 2011

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Lawsuit of the Day: Dude look like a Lady

Lawsuit of the Day:  Dude look like a Lady

We discussed 1983 lawsuits here.  Now we can see one in action. It seems that Jovanie Saldana got busted for “running a house of prostitution.”  Saldana was released on ROR.  It’s not stated, but I suspect the intake profiling was run against open crimes and it took longer to get results than the Preliminary Arraignment.  Saldana […]

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November 16, 2011

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Section 1983 claims – The Great Equalizer

Section 1983 claims – The Great Equalizer

Before I even touch this topic, let’s get one thing understood:  I only do civil cases that have a criminal law (substantive, procedural, or penal) underpinning.  I don’t do slip-and-falls or MedMal or any of that world.  There’s plenty of attorneys to choose from that do that work.  I prefer the richer history of malfeasance […]

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