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http://crimlaw.blogspot.com/

Archived: 09/06/2007 at 17:37:42

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The Big Names
~~~~~~~~~~
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Prosecutors &
Lawmen
~~~~~~~~~~
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Law and Disorder
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~~~~~~~~~~
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Email Ken



In case anyone out there needs this warning: This ain't legal advice. Everything in the blog is off the cuff and no one goes back and reads all the cases and statutes before blogging. The law may have changed; cases misread and misunderstood two years ago can still lead to a clinging misperception. Courts probably don't even operate as described herein. In fact - just in case someone is stoned enough to start quoting this blawg as authority to a judge - It is hereby stated that everything in this blog is pure fiction.

THIS
AIN'T
LEGAL
ADVICE.



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~~~~~~~~~~
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...
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Archives

Back When I Was A Defense Attorney
~~~~~~~~~~~~~~~
Why I was

Life as a Defense Attorney ~~~~~~~~~~~~~~~

FEB03
Jury
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01 Long Week
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01 Long Week
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01 Long Week
02 Long Week
03 Long Week
04 Long Week
-----
01 Long Week
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Client Families
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Trial of the Century
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Huh?
Raccoon Attack
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Moments in the Life
SEP05
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Insane Client & 15 Deputies
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Jury Trial Fizzle
FEB06
A Bench Trial
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A Prosecutor Tries to do Right
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Heard in a Courthouse
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Heard in Court
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Bad Press
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JUL06
I Must be too Good
AUG06
Announce Becoming Prosecutor
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Tuesday
Wednesday
Thursday
Friday

Theory
~~~~~~~~~~~~~~~

Va. Mayhem
Va.'s 4 Versions of Mayhem
Writ of Spite & Hatred
Requirement of Defense Attorneys
Various Riot Acts
Heavy Sentences
Heavy Sentences 02
Felony Murder in 2d Degree
Should Lawyers Make Clients Confess?
Tazers

Client Communication
~~~~~~~~~~~~~~~

CYA Letter: Felony Client
CYA Letter: Appeal
-----
Dear Mr. Jailhouse Lawyer
Conversation between Inmates about Lawyers
Innocent Client Pleads Guilty
Client Parents

Me
~~~~~~~~~~~~~~~

Justice Ken
My Hero
My Booze
My Dinosaur
A Map of Death Penalty States
06 September 2007   
Ken Lammers

Color coded by method.

Calling All Con Artists
Ken Lammers

Apparently, Japan may be your new Mecca.

How Many Incarcerated in Britain and Wales?
Ken Lammers

A rough guesstimate.

DC Swamped with Criminals
Ken Lammers

And, no, I don't mean Congress.

Court to Feds: You WIll Play Nice
Ken Lammers

You are deemed to have done what the cooperation agreement implies you would do, even if you didn't.

Sex Offenders
Ken Lammers

Yet another study showing sex offenders are less likely than most offenders to reoffend.

Mark talks about how all this has caused an irrational - and probably unhealthy - shift in the way children are taught to deal with men and men learn to behave toward children. He blames this, at least in part, on a misperception of what a male is.

I have a hard time judging all this. I know that my experience in criminal law has colored the way I view the world. Personally, I used to love to babysit and play with kids; now, I still love playing with kids, but I don't feel comfortable being left alone without at least one (preferably two) adult witnesses nearby.

Use of the Internet Does Not Automatically Mean It was Interstate
Ken Lammers

Ummmm . . . Okay . . .

I guess it's possible that information packets only traveled within the State. Highly, incredibly unlikely, but possible.

Craigslist Lets Officers Bag More Prostitutes
Ken Lammers

They got more online than they did on the streets.

You leave your drug junk around to be found and chewed on by a toddler . . .
Ken Lammers

. . . you deserve every second of your incarceration.

Crack Users Hooked for a Decade
Ken Lammers

And it looks like use is going to get worse.

Blind Quadriplegic Murderer
Ken Lammers

They may take equal rights for the disabled a little far in Canada.

Forget My SUV, I want Rover back
Ken Lammers

Steal my car - steal my dog?

UK: Man Avoids Prison: Newspaper Doesn't Make it Clear Why
Ken Lammers

Because he'd been arrested and held in jail on other charges he can't get time on this charge?

Anybody know why? Had an SOL run?

Ear Thieves
Ken Lammers

They couldn't find anything else to steal.

Grand Jury Mistakes = Case Dismissals
05 September 2007   
Ken Lammers

As many as 35.

The mistakes?
[The prosecutor] rushed the grand jurors by saying that, while there are no time limits, grand jury deliberations generally take "anywhere between 30 seconds and 5 minutes." Berk also improperly implied that prosecutors might have damaging evidence against defendants that the grand jury was not hearing and said that defendants were not given immunity in the grand jury because "these are people who our office has made a decision have committed some wrongdoing."

The Mounties May Have Found Your Pot
Ken Lammers

"Anybody missing their plants are welcome to contact the Vernon RCMP."

The Handcuffs Should Have Been a Clue
Ken Lammers

That it was a cop car you did the smash-n-grab on.

Copper Theft Gets 5 Years
Ken Lammers

It's a way not to be homeless for a while.

Pony Theft
Ken Lammers

Okay, as someone who grew up watching Westerns, I know the appropriate way to handle horse thieves involves a hangin'.

If it's a pony are we only supposed to hang-em half way?

Catnapping Extortion
Ken Lammers

Give me money or I'll take Fluffy.

You Mean the Spam Drug Offers I Get Every Day Aren't Real?
Ken Lammers

Fake drugs are flourishing.

Suckered: $180 and the Informant Didn't Get Drugs
Ken Lammers

Somebody in the drug enforcement division took a lot of ribbing for turning in 5.9 grams of bread crumbs to the lab.

Thieves Get a $10,000 Bicycle
Ken Lammers

No, not a motorcycle, a bicycle.

For $10,000 a bike had best pedal itself and make the owner irresistible to the opposite sex.

The BLADE MENACE
Ken Lammers

What happens when they take away the guns? The "Blade Menace" replaces the gun problem.

What happens when they take away the knives? The "Stick Situation" replaces the blade menace.

What happens when they take away the sticks? "Ferocious Fists."

Et cetera

Assault by Client
Ken Lammers

And he even finished the case.

I must say I admire that, but wonder if it doesn't set up a perfect habeas.

.
Ken Lammers

Killing 4 people gets a homeless guy a permanent home.

Fighting over cheap wine and bad beer
Ken Lammers

Another moment in the life of an officer.

Ummm . . . Smooth Move Slick
Ken Lammers

Calling the judge and threatening him before the sentencing doesn't get you a new judge - it could, however, convince the judge that you are a danger to society who needs to spend a long time in prison.

Copper Theft
Ken Lammers

Caught after $30,000 in damages.

Belgians want to Illegalize Scientology
Ken Lammers

Because, I guess, this proscutor wants to spend all his money defending the 200,000 lawsuits they'll file against him.

Preacher Robbed
Ken Lammers

Because the sin of theft wouldn't get the offender condemned to H3ll quick enough - he wanted the upgrade.

Another PD Locked Up
Ken Lammers

After losing the argument with the judge.

Breathalyzer Software Turned Over
Ken Lammers

And, boy would I hate to have these folks evaluate the html I've written over the years for this blog.

Powerless Felons and Their Community
Ken Lammers

What happens when a convicted felon goes back to his community?

APD not equal ADA
Ken Lammers

At least not in the wallet.

They're Upset That these Idiots Confessed on YouTube?
04 September 2007   
Ken Lammers

"Jinky, wee man, get back to Norfy before we murder ye like Willie Smith, ye dafty, do you want to get put in a box an’ all?"

It's Like a Illegal Substance Drug Market
Ken Lammers

Cocaine and Meth are up. Marijuana is steady.

No More "Missing Staple" Appeals
Ken Lammers

Yes, it is time to say goodbye to the cherished ability to appeal a case because a staple was missing.

Crime Up in Ireland
Ken Lammers

Both drugs and theft.

If you are making drugs in your house . . .
Ken Lammers

. . . you should probably keep your sex offender registration up to date.

DNA Clears Death Penalty Convicts
Ken Lammers

The DNA evidence was excluded at trial, but the Thai Supreme Court isn't having it.

Fourth Amendment.com
Ken Lammers

Three interesting posts:

Corroborating non-illegal details is not enough to say that the illegal part of a statement is true - search warrant bad.

If you put the person you are questioning in the police car it becomes an arrest.

Can't search someone when you are only able to issue a civil citation.

What Happens When You Cause Trouble in Snap's Jail?
Ken Lammers

He stays late and makes your stay less pleasant.

Nude Dancing and Booze, Together Again
Ken Lammers

In the 6th Circuit.

A Man Who Loves His Wine
Ken Lammers

Enough to grab it from the thief and beat him over the head with it.

Keep Me in Jail - PLEASE
Ken Lammers

Stop me from stealing to support my habit.

The Kidnapping, Rape, & Baby Sale Business
Ken Lammers

Can't get too much lower than this.

Metal Theft
Ken Lammers

Stealing gas tubes, irrigation pipes, and getting caught by a dog.

Al Gore and Car Breakins
Ken Lammers

"It’s your stuff, but those theft reports generate paper and according to my calculations if we reduced thefts from cars as much as 30%, we’d save an average of 16 trees each month. This means that the greenhouse effect would be, uh, effected and Al Gore would have to make another movie because all the numbers would be skewed."

Fake Robberies . . .
Ken Lammers

. . . get you real jail.

Yard Sign: My Neighbor Deals Drugs
Ken Lammers

It might drive him out. Then again, it might bring every druggie in town to your street.

Underwear Gnomes
Ken Lammers

Bigger, Badder, and not just in South Park anymore.

Grand Theft Bird
Ken Lammers

Not satisfied with $10,000 in electronics, the thief took the bird too.

Return Address Adress
Ken Lammers

If you have your picture published in the newspaper because the police are looking for you,it might not be a good idea to put a return address on the envelope when you write the editor to complain.

Persistence Doesn't Pay Off
Ken Lammers

3 times they've charged her with murder and three times the judge has shot it down.

Texas: Loosening the Law, but Maybe Not Enforcement
Ken Lammers

Just because you give the officers an option to issue a summons doesn't mean they will.

The Pot Rebellion Continues
Ken Lammers

New Mexico.

The governor is not happy.

Not Terribly Shocking: Murder Victims Usually Have Records
Ken Lammers

I know that, to those of us who work in criminal law, this seems as much a truism as "water is wet" or "ice is cold." However, apparently it's a revelation to USA Today.

Figure the odds of ever seeing this as the first line of an article in a US paper
Ken Lammers

"POLICE bungling has forced a judge to throw out video evidence of a man telling Perth police it was possible he had done something to the eight-year-old girl he is accused of raping and murdering."

Holy crud! Not so fond of the police in Australia.

Australia: Prisoners Can Vote
Ken Lammers

At least some of them can.

Brazil: The Courts Are a Little Different Here
Ken Lammers

The Supreme Court indicts 40 people on corruption charges.

Fingerprints were his, but the cocaine was his brother's
Ken Lammers

. . . or at least that's what the jury found.

Drunk, Tavern Hopping, Hearse Theft
Ken Lammers

The title says it all.

Donated Phone and 911 Crank
Ken Lammers

Ever wonder why some places send an officer first before they deploy other emergency vehicles and personnel? It's because people like this guy placing 2,000 fake 911 calls using a phone donated to the homeless.

Double Jeopardy and the Hung Jury
Ken Lammers

Three days of deliberation isn't enough. There must be proof that the jury hung or double jeopardy applies.

Sue the Guy in Prison
Ken Lammers

Two officers sue the kid who stabbed them while he's in the middle of his imprisonment.

ZDo you think the lawyer is working for a percentage? Probably not much money there.

Naked Hula Beer Theft
31 August 2007   
Ken Lammers

I kid you not.

Can't Pay for that Lap Dance . . .
Ken Lammers

. . . with cocaine.

Is Sex Part of Faith Healing?
Ken Lammers

Nope.

Guatemala: Politicians: We'll be tough on crime!
Ken Lammers

It's a universal political promise. After all, who's going to say they want to be pro-crime? It's like saying you're anti-puppy.

A Lesson for Officers
Ken Lammers

Guys, I know how frustrated you get with persistent offenders, but you cannot drag him around town behind your motorcycle (even if it is an effective deterrent). It may make you locally popular, but there's somebody up the chain of command who's going to fire you. Especially if there are pictures taken.

Trooper in Pa. Charged with Rape
Ken Lammers

Gotta admit, I'm suspicious here. I guess biting someone on the inner thigh while choking her to keep her from screaming is possible, but . . .

As a side note, guys, I don't care how much she says it turns her on, those bites have come back to haunt more than one person. Might want to think twice about it. 'Course, many a guy might not be thinking at all at that point . . .

Pedophile and "Evil"
Ken Lammers

Why in the world would Reuters think it had to put quotation marks around "Evil" when describing a guy who admitted to 89 acts.

Copper Thief Combusts
Ken Lammers

Before you go tot steal the wire from a house, maybe you should turn off the breaker.

4th: Letters
Ken Lammers

If you didn't send it and it isn't addressed to you, you don't have standing to make a 4th Amendment challenge.

What Other Defense Can You Try?
Ken Lammers

Everybody else is employing illegals, why are you picking on me?

Via iP

Wales, Coalfields, and Heroin
Ken Lammers

Heroin users are twice as likely to live in former coal mining areas in Wales.

Is the California Pot Rebellion Faltering?
30 August 2007   
Ken Lammers

Laguna Hills votes to ban medical marijuana dispensaries.

It take a special kind of ice-heartedness . . .
Ken Lammers

. . . to steal from a guy who's missing an arm and a leg.

Officer, I was trying to Return the Pellet Gun
Ken Lammers

I don't care if store security says I was stealing it and physically held me in a bear hug until you arrived.

20+ Years Later a Djudge Decides the Confessions were Bad
Ken Lammers

Here's something you don't hear about every day: The man confessed to the same crime twice, was found guilty by an 8 to 6 vote of the jury, and sentenced to life imprisonment. 20 years later an appeals judge lets him go.

Copper Theft
Ken Lammers

Around here they steal wire and sell it for the copper, they haven't (to my knowledge) gone so far that they are causing houses to explode.

Make Date Rape Drugs . . .
Ken Lammers

. . . and the US will extradite you from Scotland.

Chicago: Da' Outfit
Ken Lammers

Imagine this: You are the leaders of the Mob. Over the years all sorts of people who were willing to testify against you had "accidents." What happens when the guy who has caused the accidents decides to testify against you?

Attempt to kidnap the Dead
Ken Lammers

Personally, I'm not going to pay too much money for a corpse.

Gotta Admit, This is Different . . .
Ken Lammers

You just don't run into too many people trying to break into jail.

An Afghan Opium Market
Ken Lammers

How it is first aggregated for later shipment to Europe.

A Call for Tighter Reins on Cayman Banks
Ken Lammers

Because, really, who wants to launder money in a place where you can't ski?

UK: A Call for Less Imprisonment
Ken Lammers

Because the prisons are over-full.

UK: Prison Guards Return to Work
Ken Lammers

After they are ordered to by the judge.

What does it say about your church . . .
Ken Lammers

. . . if the members are so familiar with the criminal justice system that they start singing about Heaven as a court and Jesus as defense attorney/judge?

Cocaine Use Trends
Ken Lammers

Down among those who graduate high-school and steady among those who don't.

How Does Media Attention Effect Kidnappings?
Ken Lammers

Copycats.

191 Charges Dropped . . .
Ken Lammers

. . . because the court clerk hid them from the prosecutor until it was too late to prosecute.

India: Prove He Deserves Bail
Ken Lammers

The supreme court ruled that lower courts must give a reason if they give an accused bail.

What part of the Big Sign Outside the Detention Facility Did They Not Understand?
Ken Lammers

You know, the big sign outside of every single jail, prison, and detention center I've ever been to tells me that I am subject to search.

Three girls, who were visiting a detention facility in order to avoid going to court for trespassing, were strip searched. It strikes me that the detention center might very well be within its rights in the search. However, when it made the visitors don dirty prison garb it probably crossed the line.

Canada: Good to Know
Ken Lammers

It's not only in the US that people complain about civil rights enforcement in criminal courts.

If You Don't Come to Court to Represent Your Client
Ken Lammers

You get found in contempt and fined $2,250 - at least if you miss 6 hearings.

Going to Prison for a Crime He Didn't Do - ON PURPOSE
Ken Lammers

In fact, he did it so many times that people came looking for him to do their time.

Anonymous Thief Websites
Ken Lammers

Is this only a Japanese thing?

Catch a Thief
Ken Lammers

Get yourself and you general manager fired.

Everybody needs to write Home Depot about how stupid that is.

An Honest Thief and a Lesson Learned
Ken Lammers

The thief only took the $4 he needed and you shouldn't leave your prosthetic hand attached to the motorcycle when you go inside to have some fun with a girl.

New Zealand: Protest Against Prior Rape Acquitals . . .
Ken Lammers

. . . didn't cause you to get convicted.

Stolen Clothes?
Ken Lammers

Apparently, this guy cleaned out Wal*Mart.

Trooper Convicted of Not Reporting Child Molestation
Ken Lammers

Loses job, 9 months probation.

No Scapegoat Defense in India
Ken Lammers

Take a bribe, whether for you or somebody else, and you are guilty.

Note also - no double jeopardy protections.

Thank Goodness I Didn't Serve in the Russian Army
Ken Lammers

A Russian officer arrested for beating a conscript and leaving him in a kennel to die.

Your Big Brother, Mr. FBI, is Listening
Ken Lammers

and, apparently has gotten very, very good at it.

You Might Get Caught . . .
Ken Lammers

. . . if you leave your heroin in the rental car when you return it.

Ted "Tubes" Stevens
Ken Lammers

Apparently he doesn't only screw up when he talks about the internet - he stumbles over whether he's a target.

Leon Strikes Again
Ken Lammers

Affidavit not good, but officers couldn't know that.

Are Prosecutions up . . .
Ken Lammers

. . . or are they down?

New Zealand: A 5 Year Old Can't Trespass
Ken Lammers

Well, technically she can but the police can't enforce the law.

What, then, are we to do about the lolipop bandit?

Another Day With Lotsa Posts
29 August 2007   
Ken Lammers

And away we go . . .

The UK, Prison Guards, and a Secret Strike
Ken Lammers

Apparently, the prison gurad union held their cards very close to the chest and ambushed the government with a surprise strike.

Rapists Get Treated Different in New Zealand
Ken Lammers

"McNamara fathered a child from prison then paid for prison escorts to allow him to attend the birth in January."

Yeah, sure, Mairjuana . . .
Ken Lammers

. . . in a Japanese prison is growing there because the dirt was contaminated with pot seeds when it was brought in.

Homer was right: Americans will never embrace soccer
Ken Lammers

Well, maybe the stoners will.

Feds Find NY Statute Unconstitutional
Ken Lammers

If a judge finds the facts rather than a jury it ain't constitutional.

Defense Counsel Isn't Responsible
Ken Lammers

If the law changes radically after he has advised the defendant about it.

Prosecutorial Discretion
Ken Lammers

We have discretion?!? Why didn't somebody tell me?

I could discrete that all fines that get charged in my courtroom go into my checking account.

Whatdoyamean, it doesn't work that way?

Texas Death Sentence Carried Out
Ken Lammers

Hopefully, there was more evidence than this.

New Blog
Ken Lammers

I don't often point people to a new blog, but this one looks promising: SnapShawt

When people move past their addictions . . .
Ken Lammers

. . . they have to talk about it.

Text Message Tip Line
Ken Lammers

Works like a charm.

7-11 and the lottery quick switch
Ken Lammers

When you go to turn in your winning ticket, be careful what the clerk gives you back.

You know the NRA is feeling all warm and fuzzy about this
Ken Lammers

Britain outlaws firearms and firearm crime rates double.

Senator Soliciting . . .
Ken Lammers

. . . in a bathroom, no less. Or at least he pled to it.

He Burnt Burning Man
Ken Lammers

5 days early.

Does something that is made to be destroyed have value such that a person can be charged with destruction of property (or vandalism, as some jurisdictions call it).

Mark's Feeling the Juror's Luv
Ken Lammers

A letter from a juror.

Let me not be a journalist in Russia
Ken Lammers

5 police arrested in murder of a Russian journalist.

Japanese Thieves Haven't Figured It Out Yet
Ken Lammers

You don't steal a purse right in front of an obvious camera.

The Ongoing Crawford Battle
Ken Lammers

Ever since the federal supreme court said confrontation means confrontation, thee have been issues like this popping up.

Federal Court: Who gives a *%^&$ about State law?
Ken Lammers

We're the feds, we don't care if a State law was broken.

Hazing Not Administrators' Fault
Ken Lammers

Generally, it's not. The job is to run the school, not babysit.

18 Years Later - DNA Clears a Prisoner
Ken Lammers

18 years after conviction for rape.

Windy is found by his prosecutrix
Ken Lammers

And she talks about the case.

Vacation for Murder
Ken Lammers

If you promise someone a Hawiian vacation after they kill someone for you, you should probably make it a one way ticket.

Another Dog Case: Alert on Car - Search Person
Ken Lammers

OK as far as Kentucky is concerned. The lesson for law enforcement? Keep the person in the car when the dog goes around it so you can search him if Rover alerts.

Can you show up at the prison Tuesday? Please?
Ken Lammers

Report when you want seems to be the wave of the future.

One shot . . .
Ken Lammers

Walk out of a bank like this guy did and we all know what SWAT will do. Another example of suicide by cop.

When Prisoners Get Treatment Should They be Read Miranda?
Ken Lammers

Those convicted of federal sex offenses might need to be. "Anything you say can and will be used against you in a court of civil commitment."

The same yellow sweat shirt at each robbery?
Ken Lammers

Can you say modus operandi, boys and girls? I knew you could.

Lawrence is feeling sorry for DUI prosecutors
Ken Lammers

Whatdoyamean, he's being disingenuous?

End of Career for Abu Gharib Officer
Ken Lammers

Well, actually, his career was finished before this conviction, and they did let him off of the real charge.

Never Get Busted
Ken Lammers

Yeah, that video really helped.

Federal Sentencing Guidelines and Policy Disagreements
Ken Lammers

What policy reasons might succeed.

Defining Reasonable Doubt - Round 2
28 August 2007   
Ken Lammers

In response to my post on defining reasonable doubt, Neil wrote an email and offered a possible definition:
Even if this was the person you loved most in the world, you would know in your heart of hearts that they were guilty and that no other explanation was possible.
Well, if I were still a defense attorney I'd love that instruction. As a prosecutor - not so much. As I read this, it changes the standard to beyond any doubt, not beyond a reasonable doubt. In the second clause of the sentence this could be fixed by adding "reasonable" between other and explanation (although this makes the explanation somewhat circular).

The first clause strikes me as raising the defendant too high in the eyes of the jurors. A juror should start from an objective point of view. If no evidence is presented the presumption of innocence is a default in the courtroom which would require a finding of not guilty. However, the jurors should start out not favoring either side and input and/or subtract evidence until it either does or does not reach the level of proof beyond a reasonable doubt. Nobody starts out neutral with a family member. In fact, experience teaches that often loved ones cannot believe that their brother, son, daughter, husband, etc. is guilty no matter how overwhelming the evidence.

If we went back to using a positive definition of reasonable doubt I think the two argued over in the prior note would be okay:
an abiding conviction of the truth of the charge

or

an abiding conviction to a moral certainty of the guilt of the accused
Although, I must admit to some trepidation over how a jury might handle "moral certainty."

In the end, I think that the way Virginia handles reasonable doubt, by announcing to the jury what it is not and allowing the jurors to decide exactly what it is, works about as well as could be expected and I doubt the jury worries as much about all the legal technicalities we lawyers argue about. They know it's supposed to be a high standard in order to convict someone, no matter how we word it.

Off Point: The LA County Fair
Ken Lammers

These are hilarious. I particularly like the one on the bottom left.

I know I got this from another blog, but lost track. If anybody wants to take credit for the lost work time spent watching the videos feel free to take credit in the comments.

Arrrrgg!!
Ken Lammers

None less than a judge has reported to me that my rss feed is not working (great, just great, now I can't bad mouth judges here anymore - that takes about 90% of the fun out of blogging).

Anyway, it's not and I'm not sure why. If I replace the format with one of Blogger's awful looking generics it works, so I'm pretty sure it's something in the brew of half understood html I use to make this thing work, but I can't for the life of me figure it out. Hopefully, I'll have time to look this weekend. Until then apologies to anyone who actually tries to read this thru rss.

More on the Contempt Sanctioned PD and My Opinion
27 August 2007   
Ken Lammers

I linked to a bunch of posts about this previously.

Here we find out that there were two witnesses in court for the case.

I've only seen one article which supports the judge, written by a man who tells us he's never set foot in a courtroom:
[L]et me hasten to disabuse you of that sympathy by informing you that public defenders (many of whom are actually third-year law students) are presented with far more serious cases, under similar time constraints, every day. And, moreover, they invariably provide their clients wholly-competent representation.

More importantly, however, if every public defender needed more than 24 hours to prepare for a misdemeanor assault case, the wheels of the US criminal justice system would become hopelessly clogged.
John, at Law of Criminal Defense, is unimpressed.

My Opinion:

Yes, some assault and battery cases can be handled in less than a day, or less than 2 hours or (assuming a competent, experienced defense attorney) in less than 20 minutes. That may even be the majority of assault and battery cases. Any defense attorney who has done indigent defense will have handled more than a couple cases wherein the defendant didn't bother to contact him for the two months he was assigned before trial and the attorney has had to handle the case on the fly the morning of trial. However, there are also cases which need serious investigation, subpoenaing witnesses, interviewing the officers, and negotiating with the prosecutor.

The thing is, the judge can't sort out which case is which from where he's sitting on the bench. I'd be more sympathetic to the judge if he had continued the case and nothing was done which couldn't have been done on the day originally set (no defense witnesses, no physical evidence, when asked prosecutor says no prior negotiation) and then he found the defense counsel in contempt. I would be especially sympathetic to the judge if there was a pattern of doing this, particularly when the prosecution had it's witnesses in court (the thought being that it might be a roll of the dice to see if the prosecution can get the witnesses to court more than once). However, the judge did not handle the matter in this manner. Additionally, if this is actually a policy in place in the PD office and the PD in the courtroom is doing what the guy who can fire him has set down as carved in stone policy, the person who should be found in contempt is the person who is responsible for the policy - that's the head PD, not the guy in court.

Now, that being said, let me go further and say that I find some of the things I've read make me suspicious of the PD and his office as well. The thing I keep reading all over the place about him not asking for a continuance. Some sources seem to intimate that he didn't talk to the prosecutor or do anything to see if he could prep the case. I don't know what the PD did or did not do. However, I find it interesting that everybody reports that he "refused to announce ready" rather than made a motion to continue. The effect is the same, but if you announce "not ready" to a judge who is determined to go forward it's much more theatrical and in your face. It makes the story so much more newsworthy and, by some miracle, a member of the Fourth Estate happened to be there in the afternoon after the judge had continued the case for a couple hours for the defense to prepare itself. One might even think that the PD was purposefully acting in a manner meant to trigger this behavior in the judge in front of the reporter.

This is obviously part of an ongoing conflict between the judge and the PD's office. There's no love lost here and, from what I can tell, it doesn't look like either has clean hands.

ABA Hits
Ken Lammers

Suddenly I found my blog getting a bunch of hits from the ABA. A little concerned, I went over to see what was going on (with the luck I've had lately, it could have been something like a letter from the President telling young lawyers not to be like this bum). Thankfully, it turned out that the ABA has linked me.

Thanks guys.

And remember, now that I've said written about the possibility of the ABA saying bad things about me it's now a copyrighted idea and if (in the ultimate proof that God has a sense of humor) I ever get nominated for a federal judicial position it would be a violation of my copyright to say anything about me not being qualified.

Texas v. Europe
26 August 2007   
Ken Lammers

"230 years ago, our forefathers fought a war to throw off the yoke of a European monarch and gain the freedom of self-determination. Texans long ago decided that the death penalty is a just and appropriate punishment for the most horrible crimes committed against our citizens. While we respect our friends in Europe, welcome their investment in our state and appreciate their interest in our laws, Texans are doing just fine governing Texas."

via Instapundit

Those called before a federal grand jury have a right to read transcripts of their own testimony
Ken Lammers

"[T]he Government is concerned about grand jury witnesses (or their attorneys) who disclose information to other grand jury witnesses (or their attorneys) with the purpose of obstructing the criminal investigation. The Government identifies joint defense agreements among attorneys as a threat to the integrity of the grand jury process. But denying witnesses access to their own transcripts to help prevent witnesses from talking to others makes little sense to begin with – and makes even less sense given that grand jury witnesses are under no legal obligation of secrecy. A grand jury witness is legally free to tell, for example, his or her attorney, family, friends, associates, reporters, or bloggers what happened in the grand jury. For that matter, the witness can stand on the courthouse steps and tell the public everything the witness was asked and answered. The secrecy rules therefore are no justification for denying witnesses access to their own transcripts."

via White Collar Crime Prof

Make there be some speed bump against Bar complaints
Ken Lammers

I agree with most everything Norm says here, except that perhaps the amount of money one should have to pay to file a Bar complaint might be set at $50 for indigent defendants.

Bar complaints, in my experience, mostly seemed to come from a thought that if the lawyer can be burnt the defendant will get another shot. They seemed to start with people who got over 2 years and were almost a certainty when I had a client who got over 5 years. If there were a speed bump, like a $50 fee, perhaps they would file the habeas which they really want instead.

The Vatican Speaks on the Death Penalty
Ken Lammers

"When the state in our names and with our taxes ends a human life despite having non lethal alternatives it suggests that society can overcome violence with violence. The use of the death penalty ought to be abandoned not only for what it does to those who are executed but for what it does to all of society."

via Mirror of Justice

California: 82 minutes = 4 days
Ken Lammers

Picture the math being used by the California Justice System if it were applied to your everyday life:

Friday 5:41 P.M. "Honey, it's your boss on the phone."

"Thanks. Hey John, what's up? You want me to come in to work? But I just got home! What do you mean this is California and 41 minutes is actually 2 days? The court says so? Okay, it'll take me 30 minutes to get there, so I'll see you after lunch tomorrow."

Escape from Prison and Try to Hide Behind the 4th Amendment
Ken Lammers

But the court doesn't buy it.

Three Weeks Later is Not Exigent
Ken Lammers

Girls find hidden camera attached to a computer. Three weeks later they tell the police. The police don't get a warrant and the court tells them they should have.

Here We Go Again!
24 August 2007   
Ken Lammers

Massive number of things to point ya'll to and minimum amount of time. Enjoy the 30 or so posts I'll try to get up before I do the work thing today.

Tasers
Ken Lammers

When should they be used?

I've weighed in on this previously with this post.

Cut and Paste Not Good Evidence
Ken Lammers

I can't say I'm surprised by this.

Great, a New Drug
Ken Lammers

Has anybody heard of Salvia divinorum?

A Bird of Another Feather
Ken Lammers

Always remember, and never forget, you cannot import black sparrowhawks.

Connecticut: No Statute of Limitations on Sex Crimes
Ken Lammers

But there are still some limitations.

Well, I Guess He Won't Need a PD
Ken Lammers

Not after the Minneapolis City Council paid him $110,000 while he was in jail for murder charges.

Imagine being the officer . . .
Ken Lammers

. . . who let the prisoner get the drop on you and lock you in a cell so he could escape.

Of course, the prisoner wasn't all that swift either. He left the officer with his cell phone.

This is going to make things difficult in court
Ken Lammers

A judge testifies against officers with whom she clashed as a prosecutor.

The Breathalizer Code
Ken Lammers

A Florida Court says give it to the defendants or we will fine you out of existence.

A Kentucky court says ignore the Florida court.

Hmmm . . . Didn't we establish a federal judiciary to handle things like this?

40 Years Later, a Murder Charge
Ken Lammers

Okay, I understand in the era of modern medical treatment that they year and a day rule has passed the point of usefulness. However, prosecuting a death which occurs 40 years after the shooting is a bit of a stretch.

Racial Differences at Sentencing
Ken Lammers

It seems Whites don't get less time, they are just less likely to get time.

Breath Test Thrown Out . . .
Ken Lammers

. . . because if you breath into it too long it taints the result.

Why Not Hang the DUI's Who Kill Someone?
Ken Lammers

It's an interesting question, and it becomes more interesting if the States which are passing death penalties for rape get their statutes found constitutional. In a rape there is a survivor. In manslaughter there is a dead person. How can you justify killing one and not the other?

Big Brother is Watching
Ken Lammers

At least in Cali.

Community Impact Statements over the Net
Ken Lammers

It's an interesting concept, but I keep picturing some of the more interesting complaining witnesses I've dealt with spending day and night filling page after page with impact information and getting upset when I use someone else's three paragraph, concise statement.

Should we let sleeping lawyers lie?
Ken Lammers

Gideon points to a case in NY.

Things you wish you could say
Ken Lammers

Of course, you can't really say these things, but sometimes you are sorely tempted.

How has the Anti-terrorism and Effective Death Penalty Act affected Habeas?
Ken Lammers

A break down.

Are Police in the U.K. Useless?
Ken Lammers

Hey, it wasn't me who asked . . .

Person of Interest
Ken Lammers

Is he a suspect?

A Police Officer in the Aftermath of a Mini-Riot
Ken Lammers

"I mention the brawl for two reasons: the first is that, having spoken to about five key witnesses over the phone, there’s absolutely no prospect of getting any conviction. The offender is variously described as wearing a white or black top with dark or light trousers, his build ranges from medium to stocky, and he is somewhere between 5’ and 6’ tall. Oh, and he's got blonde/dark/no hair. The witnesses describe themselves as either 'drunk' or 'merry.' The circumstances are generally agreed to be, '…and the next thing I knew, they were all fighting.'"

"The second reason I mention this fight is that it's the parents are just about to make a complaint about me and I don't need the paperwork right now. The kids seem to be fairly realistic about the whole thing, but the parents think it's my fault that they all got drunk and started fighting."

3 Wheeler
Ken Lammers

A drunk guy driving his car on 3 wheels isn't all that hard to find. Just follow the gouge marks in the road until you find the place where his car finally gave up the ghost.

Bad Search Warrant
Ken Lammers

An affidavit alleging someone was involved in a drive-by shooting does not justify searching his home. This is so clear that Leon "good faith reliance" does not apply.

Get a Good Result . . .
Ken Lammers

. . . after the client tried to commit suicide.

A Place to Sleep in Prison
Ken Lammers

If you are homeless and get arrested for sleeping at the library you could always ask the judge to keep you in jail.

Jury Trial Today
21 August 2007   
Ken Lammers

For a violation of this statute:
§ 18.2-238. Buying, etc., pig iron, etc., with intent to defraud; possession; evidence of intent.

If any person buy or receive pig iron or railroad, telephone, telegraph, coal mining, industrial, manufacturing or public utility iron, brass, copper, metal or any composition thereof with intent to defraud, he shall be guilty of a Class 6 felony. Possession of any pig iron or railroad, telephone, telegraph, coal mining, industrial, manufacturing or public utility iron, brass, copper, metal or any composition thereof, if bought or received from any other person than the manufacturer thereof or his authorized agent or of a regularly licensed dealer therein, shall be prima facie evidence of such intent.
It's amazing how many people there are out there involved in stealing copper wire from various sources (mines being one), burning off the covering and selling it for scrap.

Lying to keep people from getting the death penalty
20 August 2007   
Ken Lammers

You may view it as noble, but if you feel that you must do it you don't have grounds to complain when others don't come to your aid when you're caught. If you feel that you are morally allowed to do anything to stop the death penalty then, when others who will continue the fight denounce you after you've been caught they are morally allowed to do anything to stop the death penalty and that includes dropping you like a hot potato so that their continuation of the fight is not tainted.

It's a vicious circle, isn't it?

A Judge, PD, One Day, and Contempt
Ken Lammers

The big story around the crimlaw blawgospere has been a judge who gave a PD a case and the next day found him in contempt because he would not announce ready.

Killing with a Rattlesnake Box
Ken Lammers

"The plan was to build a wooden box to hold the snakes and 'the lid was to be built to allow Sowash's legs to be put inside but not pulled out.'"

I think the police would have probably suspected something: "Chief, there were 15 snake bites and gashes around his legs like they were being held in place despite his intense efforts to pull them free. I think there may have been foul play."

Officer Arrested . . .
Ken Lammers

. . . for "defeating the ends of justice."

Judge Breaks the Law
Ken Lammers

You'd think a judge would have a better idea of how to defraud an insurer.

Jailhouse Lawyers
Ken Lammers

Are they better than the lawyers outside the bars?

Stealing a Plunger
Ken Lammers

Windy about had me half conviced to move to Chicago because of the hot girl factor, but if theft is this bad, I'm not so certain anymore.

Cop Carding
Ken Lammers

Applying the law to an officer may not work out well.

Constitution? We don't need no stinkin' Constitution!
Ken Lammers

At least, not if someone dies.

Shoes for Guns
Ken Lammers

Come one, come all! You too can trade your gatt for Asics.

Tennessee: Mental Retardation Isn't After Puberty
17 August 2007   
Ken Lammers

The State Supreme Court, following the Code promulgated by the Legislature and Executive, has okayed a death sentence when the defendant's IQ dropped below "the line" after he was an adult because he could only be retarded if it happened earlier.

Passing State Laws for Federal Reasons
Ken Lammers

10%

Whatdoyaknow! A Search Warrant Can Be Bad
Ken Lammers

But you seem to have to work pretty hard to get there.

Apprendi made retroactive
Ken Lammers

2 years before Apprendi counsel was supposed to argue it.

The Web
CrimLaw