Professional Responsibility/Ethics

Court-Appointed Cases Forever

January 27, 2013 Law Practice

You learn a lot about your colleagues when you work with them on a case. I am now working on two court-appointed appeals, and in both cases, I contacted the trial attorney to discuss the case with them and to get the trial file. Both attorneys were pleased to hear from me; both were pleasant [...]

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On Getting Your Own Witness Locked Up

November 19, 2012 Assault

I put our star witness in jail. I have heard about prosecutors being slammed for doing this. One of my adjunct professors in law school – a prosecutor in Philadelphia – ended up on someone’s list of the top ten worst prosecutors in the country for having one of her witnesses in a murder case [...]

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I Am A Snake. That Is What I Do.

November 15, 2012 Law Practice

Losing is never easy.  It was not easy when we were children.  And it is not necessarily any easier now that we are adults even if, with some perspective and life experience behind us, we are better equipped to deal with the disappointment. Although I have never seen this written down anywhere, I have always [...]

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These Are People’s Lives We Are Dealing With

October 21, 2012 DUI and Driving Offenses

The urine test comes back negative for alcohol, and I chuckle at my newfound belief in the accuracy of the much maligned urine tests. I wonder briefly how the police officer will explain the notations in his paperwork about the smell of alcohol on my client’s breath. And I conclude that my client’s supposed admission [...]

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The Ethical Obligations of a Prosecutor

September 16, 2012 Professional Responsibility/Ethics

According to Rule 3.8 of the D.C. Rules of Professional Conduct, a prosecutor in a criminal case shall not: “[i]ntentionally fail to disclose to the defense, upon request and at a time when use by the defense is reasonably feasible, any evidence or information that the prosecutor knows or reasonably should know tends to negate [...]

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Open Letter to an Honest Cop

July 13, 2012 D.C. Superior Court

Dear Officer Parrish: A couple of weeks ago, I cross-examined one of your colleagues from the 3rd District.  The issue at that hearing was similar to the one under consideration today:  Whether or not the arresting officer had reasonable suspicion or probable cause to detain my client. Your colleague decided to strengthen the government’s case [...]

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A Prosecutor’s Justice

May 19, 2012 Legal Concepts/Principles

Guest Post By “Hamilton Burger” I first became a Prosecutor when I was in law school. As a Third Year Law Student, having passed my Evidence courses, my state permitted me to try cases in court while under the supervision of a member of the Bar. I was not a “True Believer.”  I saw prosecution [...]

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Joseph Rakofsky’s Former Client Sentenced to 10 Years

May 4, 2012 Current Events

After pleading guilty to involuntary manslaughter, Dontrell Deaner has been sentenced to 10 years in prison, to be followed by 5 years of supervised probation. Remember Dontrell Deaner? Just over a year ago, his name was all over the Internet in connection with the Joseph Rakofsky fiasco. Rakofsky was the lawyer, a few years out [...]

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Do Your Job, Mr. Prosecutor. And Turn Over the Evidence.

May 4, 2012 Criminal Procedure

The prosecutor has acknowledged that he should have turned over certain information to defense attorneys. That is what he says today. The case was back in 1984. Witnesses came forward when he was still preparing the case to say that there were two other men in the alley that night who were never charged.  One [...]

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Checking The Rules. Checking Them Twice.

April 26, 2012 Criminal Procedure

One of the things I miss most about working at the public defender’s office was the ability to get immediate feedback from colleagues on an issue. Do you know this judge or prosecutor? Have you faced this type of situation before and, if so, how did you handle it? And so on. A major drawback [...]

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