Category Archives: Criminal law

Is it a crime to sleep it off in your car?

It was a great party, but when you get into your car, you realize you drank more than you thought. No worries. You switch on the heat or the AC, crank up your favorite radio station, close your eyes and … Continue reading

Posted in Criminal law, Satirical cartoons | Tagged | 8 Comments

Putting the brakes on “victims’ rights”

“The Young Savages,” a 1961 movie about teenage gangs (Italo-Americans vs. Puerto Ricans), filmed on the streets of pre-gentrified New York, opens with three Italo teens killing a Puerto Rican youth who’s not only unarmed but blind. “New York is … Continue reading

Posted in Civil Liberties, Criminal law | 3 Comments

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