Category Archives: Criminal Defense Appeals

How to describe judicial decisionmaking without being held in contempt

The biggest challenge of appellate writing is figuring out how to convey without actually saying so that the trial judge was an uninformed barnacle.  Especially when the standard of review is that the judge is always right.  The appellate squawker … Continue reading

Posted in Criminal Defense Appeals, Humor, Judges, Law & Parody, Satirical cartoons | Tagged | 3 Comments

Judge Saxe tells all

Reversals are disruptive to a system that values predictability and productivity because reversal often means that the matter must be done over.  Judge David Saxe, “Paths to Excellence,” NY Law Journal. We thought we were pretty earthy about the System, … Continue reading

Posted in Criminal Defense Appeals, Law & Parody, Satirical cartoons | 1 Comment

Is your brief turgid and prolix?

Judges are always complaining that appellate briefs are too long or, as Judge Saxe wrote in the NY Law Journal, “turgid and prolix.” As the Emperor told Mozart: “Too many notes.” Now they’ve resolved to take up arms against this … Continue reading

Posted in Criminal Defense Appeals, Humor, Law & Parody, Satirical cartoons | Tagged | 2 Comments

Do prosecutors know the truth from a lie?

Word is that California plans to make it a felony for prosecutors to hide exculpatory evidence from the defense.  That’s harsh: to the prosecutor cerebellum, “exculpatory evidence” is a contradiction in terms. After all, the defendant is obviously guilty or they … Continue reading

Posted in Criminal Defense Appeals, Criminal law, Humor, Law, Law & Parody, Satirical cartoons | Tagged , | 1 Comment

The NY Court of Appeals gets its comeuppance

When it comes to federal habeas petitions, never has so much been denied to so many by so few. To the prisoner, a habeas is the last bastion of hope. To the federal judish, it’s the occasion for assuring state … Continue reading

Posted in Criminal Defense Appeals, Criminal law, Judges, Law, Satirical cartoons | Tagged , , , | 7 Comments

Guest Post: Exoneration after 25 Years Is Great but Competent Appellate Review at the Time Would Have Been Better

When Andre Hatchett was exonerated after serving half his life in prison for a murder he didn’t commit, the deceptively mild-mannered Ursula Bentele, Professor Emerita of Brooklyn Law School, commented that the Appellate Division had every reason to know at … Continue reading

Posted in Criminal Defense Appeals, Criminal law, Law | Tagged , , , | 5 Comments

Court of Appeals to Squawk: Drop Dead

Sigh. Another drop-dead letter from the NY Court of Appeals, the second one this week.  The first denied leave to appeal where our client got 107 years after a trial that he spent mostly down in the courthouse pens because … Continue reading

Posted in Criminal Defense Appeals, Criminal law, Judges, Law, SORA | Tagged , | 1 Comment