From the academy:
- Deirdre D. Brown, “One Strike and You’re Out: Padilla Advisement About Public Housing Eligibility” (“Attorneys must begin to recognize that there already exist an ethical and moral duty to advise clients of the collateral consequence of the loss of public housing eligibility and that this duty to advise meets the Sixth Amendment requirement for effective assistance to counsel.”)
- David S. Rubenstein, “AEDPA’s Ratchet: Invoking the Miranda Right to Counsel after the Antiterrorism and Effective Death Penalty Act” (“… AEDPA’s procedural standard of review has effected a shift in substantive law, even if courts did not intend that shift. To remedy this skewing of substantive law, this Comment proposes that the Supreme Court discourage trial and direct-review courts from basing their decisions on AEDPA cases.”)
- Eve Brensike Primus, “A Crisis in Federal Habeas Law” (a riposte to Nancy King and Joseph Hoffmann’s “Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ”)
Lawyers and judges behaving badly:
- “Client In Love Relationship with Lawyer Gets Better Representation, Lawyer Argues” (“My advice to a woman going through a divorce is, find a competent trial lawyer and make him your boyfriend.”)
- “Transcript: Told to Sit Down, Be Quiet, Lawyer Blocked Judge’s Drug Queries, Was Jailed for Contempt” (Mr. Badger is especially fond of this portion of the transcript – JUDGE: “I’m not interested in what you think. Haven’t you gotten that yet?”)
- “Judge Blasts ‘Spectacularly Incompetent’ Lawyers After Man With Iron-Clad Alibi Is Convicted“
- “Double trouble for KC lawyer who appeared with client’s twin“
- Mississippi v. Smith (“Tunica County Circuit Court Judge Albert B. Smith III acknowledged that he abused his contempt powers and exhibited poor courtroom demeanor. The Mississippi Commission on Judicial Performance recommends punishment of a public reprimand, a $1,000 fine, and an assessment of costs totaling $100. We accept the Commission’s re commendation.”)
- Matter of Robert T. Hall (“Respondent’s above-described representations that the State had moved to dismiss case no. 2010 TR 017760 and that he had allowed the motion were false, and he knew that they were false. At no time had the State’s Attorney’s office moved for the dismissal of the case.”)
Miscellany
- George D. Gopen, “Writing Clear and Effective Legal Prose” (“Here are the five most important ways in which the passive allows us to communicate far better than the active.”)
- Maggie Clark, “States beginning to rethink indigent defense systems” (“Nevada, Idaho, Michigan and Pennsylvania have all established special commissions to look at indigent defense in general and flat fees in particular.”)
- The Restyled Federal Rules of Evidence (fully searchable pdf)
- “The Legal Elephant Parade That Is the Ninth Circuit“
- Michael D. Cicchini returns in fine form, with “Judges-Gone-Wild, Part I: The Circuit Court Version“
- Split in federal circuit authority, “Re Propriety of Internet Restrictions During Probation for Sex Crime Convicts“
- Mike Sacks, “Justice Anthony Kennedy Confronts Sixth Amendment Case, Hints At Change Of Heart, Cites Hamlet” (“The key actor in the play — the Hamlet in the play — is the person who did the [DNA] test,” Justice Kennedy said, “and she or he is not here.” Neither is Hamlet. Unless it was a self-deprecating reference to the Justice’s “own reputation for Hamlet-like indecision.” Oh well.); Richard Friedman, “The Cellmark report, and what it shows” (“This is a Confrontation Clause problem, pure and simple.” Admirable certitude.)
- Good luck to the dynastic Warhawks!