Simms v. U.S.: On the Pre-Trial Presumption of Prosecutorial Vindictiveness

April 17, 2012 Criminal Procedure

David Simms was charged with possession of marijuana. On the day of his scheduled trial, the government announced that it was ready to proceed on the charge. Defense counsel stated it was still awaiting discovery on a few matters and, after passing the matter a couple of times, the court eventually postponed the trial so [...]

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Total Quality Management and the Practice of Criminal Law

April 14, 2012 Law Practice

Nobody talks about Total Quality Management (TQM) anymore. An outdated fad from the 1980’s, and even then applied mostly within the automobile manufacturing industry, it may have questionable applicability to the practice of criminal law. But still I believe: You think ahead. You show up to meetings early. You return phone calls. You meet deadlines. [...]

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Popularity Contests in the Criminal Law Blogosphere

April 12, 2012 Criminal Law Bloggers

Because I am very competitive (and not in a good way), I always like to see how my blog is faring in comparison to other blogs I follow. Last time I did this, which was just under a year ago, I used my blogroll for comparison purposes. This year I decided to use the same [...]

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Probation. Drugs. School. Then Home.

April 11, 2012 Juveniles

I have a little speech I like to give to my juvenile clients. I tell them that, while I will be looking out for their legal interests as their lawyer, what happens to them pending trial or if found guilty of the offense will depend far more on what they do for themselves. I then [...]

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Open Guilty Plea = Bad Case + Fair Judge + Unreasonable Prosecutor

April 10, 2012 Criminal Procedure

When faced with a really bad case, one option is to work out a favorable plea agreement with the government to try to mitigate consequences for the client. Another frequently overlooked option is to do an open guilty plea. In fact, the Criminal Practice Manual put out by the D.C. Public Defender Service devotes an [...]

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Blawg Review #316: Where Are They Now?

April 7, 2012 Criminal Law Bloggers

In the Blawg Review I hosted last year, “Images from the Criminal Law Blawgosphere,” I took a look at the photographs bloggers use on their sites. I was intrigued, for example, by how bloggers portray themselves to their readers. Do they go for the formal headshot? A more informal shot in casual clothes? Or do [...]

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Constitutionality of D.C.’s “Post-and-Forfeit” Statute Upheld

April 3, 2012 Criminal Procedure

Know your rights. But be judicious about asserting them. That’s what I always tell people. Don’t go picking unnecessary fights with police officers. And don’t go bringing stupid lawsuits.  No matter how good a lawyer you think you are. Hamilton P. Fox III was sitting in his car in a “no parking” zone waiting for his wife [...]

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“Check Out The Shoes My Lawyer Is Wearing”

March 31, 2012 Law Practice

I used to buy my suits at Joseph Banks. When I started to put on weight, I switched to Brooks Brothers. Now I have my suits tailor made through J Peditto Apparel. But, until just a couple of years ago, I never gave a moment of thought to the shoes I wore. Linda Mullen, the [...]

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Cross Examinations. Directs, too.

March 29, 2012 Evidence

“No questions, Your Honor.” What could be more satisfying to say after your opponent has completed his direct examination than those four simple words? It is a challenge, a slap in the face with a folded glove.  It is a declaration that the other side hasn’t touched you, hasn’t hurt you at all, with the [...]

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Because Everything With Me is a Competition

March 28, 2012 Humor

How can you not love Wanda Williams? She is a great lawyer. Someone told me that she won seven cases in a row recently – and juvenile cases at that. But she has a good sense of humor. She doesn’t take herself too seriously. I don’t know about you. I hate her guts. She and [...]

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