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Today’s Quote"Constant insistence on the precise definition of terms is pedantic. But one must know what one is talking about." - E.H. Carr, "What is History?"
- When is a trial not a trial? When there’s no jury.
- How to describe judicial decisionmaking without being held in contempt
- The Court of Appeals rules on SORA
- From the archives: Judge Rakoff on graffiti and Oedipus Rex
- Lunar New Year message: take a tip from the fish
- DOJ recommends new photo array procedures: no hints allowed.
- Buttering up the judge
- Judge Saxe tells all
- Happy New Year from the compassionate NYPD
- Santa Claus is Level 3
- Vwar deer or vor dire? A guest post from the Public Defender of Harris Co., Texas
- Trump promotes job opportunties for ex-offenders
- Brooklyn DA prosecutes purse snatching as a hate crime
- Is your brief turgid and prolix?
- What’s wrong with this picture?
- Squawk is sent to PC training — again.
- What do legislators know about the Constitution?
- How to keep your brief under the word limit
- Do prosecutors know the truth from a lie?
- Homeland Security announces contest for best sex offender passport design
- Brooklyn DA Thompson on Gun Control
- Prez advisors warn: halt convictions based on pseudoscience
- Ken Thompson, Brooklyn’s model DA
- Not the News: ISIS Highly Insulted by Trump’s Crediting Obama as Founder
- SORA: The human cost of junk science
- The NY Court of Appeals gets its comeuppance
- Guest Post: Exoneration after 25 Years Is Great but Competent Appellate Review at the Time Would Have Been Better
- Justice Ginsburg speaks her mind. . . and is sorry.
- Punishing misconduct: Prosecutors can dish it out but can’t take it
- Court of Appeals to Squawk: Drop Dead
- Is a Parrot’s Statement Testimonial?
- Time for courts to put their money where their mouth is about eyewitness misidentification
- Guest post: Proposed Additions to the NY Penal Code
- Sheldon Silver’s Life Matters: Part 2
- Sheldon Silver’s Life Matters
- We find no error “under the circumstances”
- How the Appellate Division reads your brief
- Happy 20th Birthday, SORA, may you die soon.
- A Matter of Gravity
- More Client-Centered than Thou
- Judge Weinstein at the Brooklyn Historical Society
- Can Lawyers Be Robots?
- JUDGE WOOL TAPPED FOR HIGH COURT CHIEF, VOWS REVERSAL QUOTAS
- Ferreting out the 4-year olds
- Videotaping Interrogations: The Court of Appeals Blows It
- Appellate Squawk’s Murder Mystery
- Squawk at the movies: “Court” by Chaitanya Tamhane
- Is there a constitutional right to put annoying signs on the back of your car?
- The 1st Amendment pinball machine
- Follow Appellate Squawk on WordPress.com
Category Archives: Criminal Defense Appeals
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
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
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
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
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
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