Category Archives: Criminal law

Squawk gets kicked off jury duty, is astonished.

A few years ago we briefed an appeal from probably the worst trial since Sacco and Vanzetti. When Judge “This-is-MY-courtroom” Napaloni wasn’t screaming at the defendant and his lawyer, he was encouraging the prosecutor to put in outrageously prejudicial-not-remotely-probative evidence. … Continue reading

Posted in Criminal law, Law & Parody | Tagged | 3 Comments

Is it legal to threaten to behead the Chief Clerk of the Court?

Have you ever had the Clerk of the Court reject a brief that you’ve labored over for months just because you signed in black ink instead of blue? Refuse to accept your brilliantly insightful case-of-first-impression masterpiece because you wrote “Printing … Continue reading

Posted in Criminal law, First Amendment, Law & Parody | 4 Comments

Is a trial a search for the truth?

Every now and then, a judge will declare that a trial is “a search for the truth,” or, in one drunk driving case, a sober search for the truth.  The judge continued, “In the search for truth, no man has yet … Continue reading

Posted in Criminal law, Law & Parody | 5 Comments

Ineffective Assistance of Counsel, Aussie Style

One of our worst moments as an appellate squawk was sitting in an Alabama courtroom watching a lawyer hand over his former client’s entire file to the prosecutor.  The idea being that if a defendant argues on appeal that his … Continue reading

Posted in Criminal Defense Appeals, Criminal law | Tagged | 1 Comment

Linda Fairstein: Central Park Five guilty as charged

The videotapes show that “the questioning [of the Central Park Five] was respectful, dignified, carried out according to the letter of the law and with sensitivity to the young age of the men. . . . If you spot the first sign of … Continue reading

Posted in Criminal law, False confessions | Tagged , , | 11 Comments

Sentencing Sheldon Silver

“The Government got up and said. . . we want other people to see his sentence and to think twice about committing a crime. And I remember Judge Glasser looked at the assistant and said, what you’re suggesting is that … Continue reading

Posted in Criminal law | Tagged , | 1 Comment

Judge Bludgeon rules on cyberbullying

Back in the days of the Roman Empire, the mad Emperor Caligula had the penal code placed at the top of a tall column in the Forum.  Judges soon got tired of shinnying up and down whenever they had to … Continue reading

Posted in Criminal law, Law & Parody | 3 Comments