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Judge Wool says
In the morning my mind had been like a spool of cotton;
now all the thread had been stitched away at my job
and only the wooden spool was left.
— Charles Reznikoff (poet-lawyer 1894-1976)
- Indoor Public Defending
- Why do cops lie? Because judges believe them.
- Courts to replace juries with potted plants
- Do Statues Matter?
- Sexual thoughts and the First Amendment
- COVID-19 masks for judges
- Judges in trouble
- Hell hath no fury like a client scorned
- “Don’t you dare invite me to your stupid Zoom party!”
- Janitors, Catholic schoolteachers and the Hosanna exception
- Supreme Court hears robocall case, flushes toilet
- “Planet of the Humans”
- The virus, like the rain, falleth on the just and the unjust
- The NYC arraignment scandal: part 2
- NYC courtrooms: the arraignment scandal
- Squawk under house arrest
- Must be true, says so right here in the Probation Report
- Discovery reform in Brooklyn: fuggetabout WitCom
- Happy Lunar New Year 2020: Year of the Rat
- The Sex Offender Bus
- Head for the hills, discovery reform arrives with the New Year!
- Annals of Social Injustice: Affluent People Drinking Rosé in Central Park
- Is it silly to demand transparency from appellate courts?
- “Your question has nothing to do with this case, Judge.”
- Not your law office? Click here.
- Let’s keep dogs off the witness stand.
- Forget speed dating, try jury duty!
- The Busywork Conspiracy
- Life in non-punitive therapeutic civil commitment is not what you think
- Buster the civil commitment dog
- Is it a crime to sleep it off in your car?
- What really happens in court: the unvarnished truth
- Putting the brakes on “victims’ rights”
- Maestro James Levine (somewhat) rehabilitated
- The Compulsory Program Mystique
- Fox snarls at pursuing hounds, is shot for bullying behavior
- “Pray for Trump”
- Squawk gets kicked off jury duty, is astonished.
- Supreme Court to Patent Office: Don’t FUCT with the 1st Amendment
- Squawk goes to Washington
- “Justice in every borough”
- Big Brother remembers your face
- Prison Sex Offender Treatment vs. The Fifth
- Easter Bunny convicted of kidnapping, trafficking
- Is it legal to threaten to behead the Chief Clerk of the Court?
- What is ineffective assistance of appellate counsel?
- At the movies: Woman at War
- Squawk is condemned
- Justice Thomas decries Court’s latest “defendant-always-wins” rule
- Let’s make suppression hearings great again!
- Follow Appellate Squawk on WordPress.com
Category Archives: Criminal law
Alex Bunin founded the first and only public defender’s office in Houston, Texas, replacing the traditional folk custom of appointment-by-donation-to-the-judge’s-campaign. Asked in an interview with Simple Justice how he was received by the Jumbo State’s legal establishment, Alex said, “The biggest obstacle … Continue reading
A recent press release from the Brooklyn DA’s Office announced that they’re charging a man with hate crimes for purse snatching and lifting a wallet from a handbag left in a shopping cart in T.J. Maxx Department Store. “We will work … Continue reading
If you ever try to challenge the constitutionality of a statute, the predictable response from the courts is always, “deference to the Legislature.” Why should legislators know what’s constitutional? Based on the flyers we find in our mailbox among … 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
A mysterious Deep Throat, known only as Dr4ensic, has leaked a draft report from a Presidential commission warning that courts are falling down on their job of keeping out junk science offered by the prosecution. That’s mighty public-spirited of Dr4ensic, … Continue reading
We barely know what’s going on in our own office, let alone over at Renaissance Plaza where the Brooklyn DA perches on the heavily guarded 19th floor. But thanks to “Down the Rabbit Hole” by the intrepid blogger ADA Fustian Orotund, … 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
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
A prosecutor is considering whether the words of a pet parrot could be used to try the woman accused of killing his owner. Bud, a 19-year-old African grey parrot, has been repeating the phrase “don’t fucking shoot” ever since his owner, … Continue reading
Courts make a lot of chin music about the perils of eyewitness misidentification. But when it comes to scrutinizing the suggestiveness of lineup procedures. . . . . . everyone is expected to take the cops’ word for it that … Continue reading
From NYC-area due process enthusiast, Anna Pervukhin: Proposed Additions to the New York Penal Code 42.50 Homelessness A person is guilty of homelessness when he appears to be homeless AND either (a) emits sounds (including, but not limited to, speaking) or, … Continue reading
Prosecutor Preet Bharara, come to save the day from Injustice and Corruption, howled for a 14-year sentence, saying, “There is no excuse or mitigating factor tempering the seriousness of Silver’s crimes.” A hundred letters to Judge Caproni pleading for a … Continue reading
It’s a bizarre society where a cop can choke a helpless man to death in front of a camera and not be indicted, while 72-year old former Speaker of the Assembly Sheldon Silver, who’s devoted his life to public service, … Continue reading
Step right up folks, and guess which shell has the reversible error under it. Pick the right one and you get a reversal for your client’s case. How about you, sir? The one under my hand? Whupp! Nope, that’s harmless … Continue reading
The People proved the operability, within the meaning of the statute, of defendant’s gravity knife. The officer described how he opened the knife, and demonstrated its operability in court. The fact that the officer needed to make several attempts before the … Continue reading
If you ever want to liven up a dull CLE, just ask your audience, “How do you deal with a client who wants you to do something that you know would sink their case?” People who’ve been totally comatose until … Continue reading
We temporarily suspended our judge-panning policy the other night to go see Judge Jack Weinstein of the Eastern District (that’s Brooklyn and some minor surrounding territories). He was at the Brooklyn Historical Society, and not in a glass case either. … Continue reading
Ten years ago the Massachusetts high court, fed up with hearing “repeated pronouncements” about the fabulous benefits of recording police interrogations, decided to do something about it. Commonwealth v. DiGiambattista (2004). Cops don’t record interrogations? Fine. But if the … Continue reading
The NYC Transit Authority is bedeviling its riders with yet another fussy campaign to improve our morals and posture. This one features a race of red, green and grey globe-headed amputees being exhorted, “Dude, stop the spread” or, “Offer your seat to … Continue reading