10/30/2010
Pitbulls and Parolees
It's an interesting enough show, but they spent half the show going to court in Las Vegas trying to get a bond hearing for the main protaganist's husband. They got shifted through four different judges and spent an entire day in court before the hearing got continued to a different day. The main problem is that they kept estimating the time for the bond hearing to be two hours . . . three hours . . . four hours (it seemed to increase as the day went on).
Good gracious. A bond hearing in Virginia takes an hour, at the very most. What the heck do ya'll in them there other states do during a bond hearing? Translate every question into Latin and the answers into Greek? I mean, how long can it take to call the defendant's Mom to say he's a good kid who shouldn't be held responsible because he has ADHD, have the prosecutor point out the defendant has been convicted of 7 prior felonies, and hear the judge say yes or no?
10/28/2010
Ah, the Good Old Naive Days
"Evidence of larceny involves the perpetrator’s character for truth, and stealing is a crime of that character which men generally are not found to commit unless when so depraved as to render it extremely probable that he will not speak the truth."
This is the rationale, dating from the early 1900's, behind allowing a defendant to parade 20 people in front of a jury who don't know anything about the facts of the larceny case, but who all testify that "Yeah, yeah. Rat Face Louie, he ain't never told a lie to no one, ya see."
Of course, the witnesses are only actually supposed to testify about the defendant's reputation in the community. Talking about specific instances of behavior or about the witness' personal opinion about the defendant is forbidden. Still, when the witnesses include the defendant's mother, father, 2 brothers, sister, 3 guys on his bowling team, etc. etc. etc. one begins to suspect that no matter how much they swear that they are only testifying about community reputation, they might, maybe, perhaps be allowing their personal opinions, sense of loyalty and desire to keep Bob out of jail color their testimony (I mean, for goodness sake, he bowls a 234 average. If Bob goes to jail the league championship is blown).
10/26/2010
The Doormat Most Reccomended by Defense Attorneys
10/24/2010
I Need Someone to Translate Statisticianese
As best I can tell the article's conclusion is that it is a definite possibility that pharmaceutical advertising might perhaps have caused increased cost and decreased quality in prescriptions (maybe). There is "some evidence of increased costs and decreased quality of prescribing." So, I dug into the article itself, trying to find the basis of the two news reports and I think that this portion may be what they focused on (primarily I base this on Reuters talking about the same numbers as are found in this paragraph, albeit probably terribly misconstruing them):
Of the 58 studies included in this review, 38 studies reported a single unit of analysis with 25 (66%) finding significant associations between exposure to information from pharmaceutical companies and the quality, frequency, and cost of prescribing and eight (21%) finding no associations. The remaining five (13%) had multiple measures and found significant associations on some measures but not on others. The 20 studies with more than one unit of analysis reported 49 units of analysis of which 21 (43%) found significant associations, 24 (49%) found no associations, and four (8%) found mixed results. The difference between the results of the single versus multiple unit of analysis studies is significant (p<0.05 Freeman-Halton extension of the Fisher exact test). This difference may have been caused by publication bias against publication of single unit of analysis studies when no association was found. We believe the pattern of results suggests that there was little or no reporting bias for the multiple unit of analysis studies. Because the multiple unit of analysis studies found no association more often than the single unit of analysis studies, multiple mentions of the former studies in our narrative synthesis will not exaggerate the frequency of findings of significant associations.Okay, I need some translation for the following terms: "single unit of analysis", "multiple measures", and "multiple units of analysis." I have in my head what I think those mean, but shan't give my thoughts here because I'd rather have someone tell me fresh, rather than tip-toeing around any misunderstanding I might have.
As well, am I right in understanding that the authors applied their own perceptual, unsupported bias to deprecate the "single unit of analysis" results?
10/21/2010
Name That Pic - 21 October 2010
10/21/2010
Winner Last Week's Name That Pic
10/18/2010
18th Annual Capital Defense Workshop
This program is provided for attorneys seeking qualification for capital defense cases and willing to accept appointment in such cases and for mitigation specialists and investigators employed by the Indigent Defense Commission capital defender offices. Part-time prosecutors may not attendGreat, I'm a full-time prosecutor, so I guess it's okay for me to go.
10/18/2010
Pill Seekers
On the other hand, while there are some local distributors and street level dealers in the pill trade, the provision of multiple legal outlets for prescription pills has led to aggressive abusers. Sometimes this manifests itself in a form of criminal activity which is bent toward the use of force to take pills, such as robbery or burglary. More commonly abusers seek to defraud a doctor or pharmacy in order to get drugs.
However, the most aggressive act taken by abusers is the seeking of pills from doctors and pain clinics several states away. As pain management clinics coalesced in states which are not properly regulating them, particularly in Florida, abusers sought them out with a vengeance. People drive from Virginia, Kentucky, Tennessee, Ohio and West Virginia to mob these clinics. There is even a flight from West Virginia to Fort Lauderdale that is so notorious for carrying drug seekers that it is called the “O.C. Express.” As one law enforcement official in Kentucky stated, “We're just seeing a phenomenal amount of people from Kentucky going to Florida for these pills. They drive down there to Boca Raton and Fort Lauderdale, and they're getting bags full of pills, and they're driving back the same day.” Another Kentucky law enforcement official was more blunt. “We're inundated with it. Florida is killing us. There's a carload that leaves here so often -- hell, every week or so -- to go to Florida.”
10/16/2010
I'm Famous!!!!
or at least on Topix
or at least on Topix
The topic of discussion on one thread is who the hot local law enforcement types are. They are sniping back and forth and then, out of the blue comes this comment:
I hear about one that works in court house they call him the hammer, he must be hot.Ain't but one Hammer at this here courthouse.
Now the only question is whether it is Wintertime Bearded Hammer which is hot or Summertime Bald Hammer?
10/14/2010
Name That Pic - 13 October 2010
10/13/2010
The Winnder of Last Week's Name That Pic
10/13/2010
Broward, 454, & the Judge is Gone
Wow. That's simply amazing. Admittedly, the guy had been acting, from the one sided accounts presented to the media, as a prima donna. He basically talked a defendant out of pleading guilty and getting time served because the defendant would lose his license. He significantly reduced three plea agreements. He made the prosecutor sit at her table.
And if that's all that it takes to get a judge removed, I could get about half the judges I've practiced in front of removed. I've been in courtrooms where you didn't sneeze without the judge's permission, much less leave your table (whichever side you were on). I've fought, and lost, the "but, judge, the plea agreement says" battle from both sides of the bench. I've also seen judges at least seem to try to talk defendants out of the plea agreement. Yet, none of these judges have I asked to be recused or relieved of their duties. It's just part of life as an attorney that there are judges you won't appreciate and will have personality conflicts with. Disagreement generally doesn't (outside Florida) mean you get to choose a new judge.
This was an elected judge. However, apparently in Florida you aren't elected to a specific bench - or at least if you are you can be changed to another. This is the solution the chief judge opted for, moving this judge to juvenile court.
10/12/2010
CLTV: The Legalized Drug Plague
Tried a new format, but I'll probably go back to the old, behind-a-desk format next week. This episode was also thrown together a little quickly so it it's a bit disorganized . . . live with it. ;-)
10/11/2010
Sometimes Criminals Make it Too Easy
1) When you burglarize a pharmacy it's best not to imbibe a bunch of the cough medicine you've stolen and fall asleep in the ceiling.
2) When you plan to rob a pharmacy for oxy's the statement "robbing pharmacies for OxyContin is the only way to go" is going to hurt you when you go to trial.
10/10/2010
Grover is my Hero
10/07/2010
Name That Pic - 10/07/10
10/06/2010
Virginia's Evidence, Appeals, & Habeas Cases August 2010
10/06/2010
Winner - Last Week's Name That Pic
10/06/2010
Substantive Virginia CrimLaw Cases August 2010
10/05/2010
Virginia's Criminal Procedure Cases August 2010
Part 2 of 4. Wednesday will be Substantive Law Cases.
10/04/2010
Virginia's Constitutional Criminal Cases - August 2010
Part 1 of 4. Tuesday will be the Criminal Procedure cases.
10/03/2010
August's Cases Up at Virginia Criminla Cases & Law
10/02/2010
Jury: Don't Steal Here
10/01/2010
Avast Ye Scurvy Dogs! It Be Art Time!
Lest ye think to say even a small bit of blaggardness, know ye that it'll be Davy Jone's Locker for ye!
----------
1 The title is an homage of Renaissance painters and specifically in memoriam of Alvise Vivarini who passed away in 1502. This is because Valerie thinks that the height of artistic achievement was achieved during the Renaissance and everything has been downhill from there. ;-)
Ambush in Bartlette
Chapters 1 - 13
Chapters 1 - 13
Law & Theory
- LAWS
- Va.'s Versions of Mayhem (malicious wounding et al): 4 In One Statute ~ Graphic
- Aggravated Malicious Wounding
- The Moped Exception
- Rape by Lie: 1 ~ 2 ~ 3
- No Intent Needed
- Arresting in a House
- Common Law Trespass
- Certificate of Analysis Introduction
- Probable Cause: Car Passengers
- Obstruction of Justice Limited
- Stealing Electronic Items
- Stolen Value: Price Tags
- Stolen Value: No Price Tags
- Stolen Value: Electronic Items
- No Weekend Jail on Felonies
- Obstruction of Justice Limited
- No Trifurcation
- No More Beer at the Barbeque
- Respondeat Superior
- DUI & Reckless Driving
- Can You Steal From the Dead?
- Outlawry Outlawed
- Felony 2d Degree Murder
- Banishment
- Computer Fraud
- Insta-Deputy
- PROCEDURE
- Using Statements Made During Plea Negotiations: 1 ~ 2a ~ 2b ~ 2c
- Invoking Right to Attorney in Virginia
- Who Prosecutes Misdemeanors?
- Expungement
- Surrebuttal
- Virginia's Reasonable Doubt
- Reasonable Doubt II
- Instruction: Right to Arm
- Virginia Castle Doctrine1 ~ 2 ~ 3 ~
- Dismissed with Prejudice
- SENTENCING
- I. Limitations on Right of Judge to Alter a Sentence
- II. Limitations on Right of Judge to Alter a Sentence
- III. Limitations on Right of Judge to Alter a Sentence
- Probation & Suspended Time
- Advisement in Virginia
- Jury v. Judge (sentencing roles)
- Limits on Evidence Presentable to a Jury
- Jury Sentencing Possibilities
- &CETERA
- Witnesses & Writ of Actual Innocence
- Domestic Battery & Firearm Possession
- Domestic Battery & Testimony I
- Domestic Battery & Testimony II
- Domestic Battery & Testimony III
- Domestic Battery & Testimony IV
- Shall Doesn't Mean Shall
- Just Following Orders
- Lycurgus Not Welcome in Virginia
Practice Tips
Specific Cases
- Jones:Trespass = Search
- Shatzer:4th Amendment Expiration Date
- Gant: Limiting Car Searches
- Montejo: No more 6th Amendment Protections
- Padilla & the Prosecutor
- Ventris: Allowing Unconstitutional Questioning
- Carroll Doctrine
Legal Theory
- Best Way to Choose a Judge
- What's a Prosecutor?
- Defense Attorney Purpose
- Plea Agreement Actualities
- The Big 4: Why I can't Go To Jail: 1 ~ 2
- Liquor Use Laws
- How to Fix Va.'s Court of Appeals
- Punishment Scale
- Punishment Scale Explained
- Punishment: There but for the Grace of God
- Heavy Sentences (1)
- Heavy Sentences (2)
- Probation
- Change Felonies to Misdemeanors
- Do Justice?
- Kentucky v. Virginia
- Must Prosecutors Disprove Affirmative Defenses?
- Drug Schedules & Punishment
- Defendants & Situational Sincerity
- 1) Immorality in Pleading Not Guilty
- 2) Immorality of Pleading Not Guilty
- Posner v. Hart & Strict Liability
- More Posner & Strict Liability
- Pre-Stare Decisis
- Let Juries Find People Innocent
- Tell Jury Elements Pretrial
- Falsity of Malum Prohibitum (1)
- Falsity of Malum Prohibitum (2)
- Falsity of Malum Prohibitum (3)
- Brady
- Writ of Spite & Hatred
- Various Riot Acts
- Tazers
- Finding of Innocent
- No Appellate Oral Arguments
- CrimJustice Purpose
- Pro Se Defendants
- Misdirecting the Police
- Stress Seekers?
- Plea Agreement
- Faking Probable Cause I
- Faking Probable Cause II
- Faking Probable Cause III
- Faking Probable Cause IV
- Legalese: Name Changes
- How Could We Best Select a Judge
- RICO & Bin Laden
- Requirement of Defense Attorneys
- Should Lawyers Make Clients Confess?
- Crummy Hired Defense Attorneys
- Noble Defense?
Back When I was a Defense Attorney
FEB03
Jury
Jury
JUN03
A Week in the Life
A Week in the Life
JUL03
A Week in the Life
OCT03
A Week in the Life
DEC03
A Week in the Life
JAN04
5 Events
A Needed Sign
A Week in the Life
Trial Desperation
A Week in the Life
A Week in the Life
Quick Panic
FEB04
Supress Motion
A Week in the Life
A Week in the Life
MAR04
A Week in the Life
Closing Argument
APR04
A Week in the Life
A Week in the Life
A Week in the Life
A Week in the Life
MAY04
A Week in the Life
A Week in the Life
A Week in the Life
JUN04
Chocolate Chip Marijuana
A Week in the Life
High School Critique
JUL04
A Week in the Life
Cripple v. Cop
01 Long Week
02 Long Week
03 Long Week
04 Long Week
05 Long Week
I'm a Narc
AUG04
Frustrating Day
Damn Yankee Defense
A Week in the Life
SEP04
Angry Relative
01 Long Week
OCT04
01 Long Week
02 Long Week
03 Long Week
04 Long Week
-----
01 Long Week
02 Long Week
03 Long Week
NOV04
Client Families
DEC04
01 Long Week
02 Long Week
03 Long Week
04 Long Week
05 Long Week
06 Long Week
Surprise at Prelim
Confronted
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A Sentencing Hearing
Sales Lady Visits
FEB05
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Violent Insane Client
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Moments in the Life
Fail to Visit
APR05
Trial of the Century
MAY05
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A Day in Court
Moments in the Life
Angry Jury Day
Angry Jury 02
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My Own PI
Innovative Jail Phone Call
A Moment in Court
A Moment in Court
JUL05
Huh?
Raccoon Attack
AUG05
Picking on a Prosecutor Intern
Moments in the Life
SEP05
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OCT05
Kicking Myself
A Day in the Life
Insane Client & 15 Deputies
Torture by Judge
A Federal Habeas
NOV05
Invisolawyer
Petition Freak Out
Moments in the Life
Moments in the Life
State Habeas
DEC05
Moments in the Life
JAN06
Jury Trial Fizzle
FEB06
A Bench Trial
Bittersweet "Victories"
A Prosecutor Tries to do Right
MAR06
What Just Happened?
Va. Worse than Conn.
Illness as a Defense Attorney
Failed Prison Visit
APR06
Heard in a Courthouse
Appellate Court Argument 01
Va. Court of Appeals
MAY06
Heard in Court
JUN06
Bad Press
Entire History of a Trial
Bad Press 02
JUL06
I Must be too Good
AUG06
Announce Becoming Prosecutor
The Last Life in a Week
Monday
Tuesday
Wednesday
Thursday
Friday
Client Communication
~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~
CYA Letter: Felony Client
CYA Letter: Appeal
-----
Dear Mr. Jailhouse LawyerConversation between Inmates about Lawyers
Innocent Client Pleads Guilty
Client Parents
Time as a Prosecutor
JAN07
The New Office
FEB07
Different Court Diferent Behavior
Competency
MAR07
Cats
Ma'am I'm the Prosecutor
JUN07
I know nothing
23 Felonies
JUL07
Cross
Cross II
2d Simplest Explanation
OCT07
Jury
FEB08
CrimLaw Prosecutorial Corollary #1
MAY08
Paranoia
JUN08
Why Not Drop?
JUL09
Buy Me Dinner First
AUG09
Jury Sentencing Argument
SEP09
Is Litter Patrol Jail?
OCT09
Paperwork Closing Argument
APR10
Bubonic Bob & the Creative Judge
JUL10
Finding the Perfect Witness
APR12
Small Town Cop : Big City Lawyer
JUN12
Maturity Ain't Orange
Criminal Law
Sentencing Law and Policy
FourthAmendment
Law of Criminal Defense
CrimProf
White Collar Crime Prof
4th Circuit
...
Simple Justice
Defending People
a public defender
Underdog
Indefensible
DUIblog
Southern District of Fla.
Criminal Defense
Harris Co. Crim Justice
...
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CrimProf
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4th Circuit
...
Simple Justice
Defending People
a public defender
Underdog
Indefensible
DUIblog
Southern District of Fla.
Criminal Defense
Harris Co. Crim Justice
...
Seeking Justice
Crime and Consequences
The Chicago Syndicate
Patterico's Pontifications
The Magistrate's Blog
Trials & Tribulations
Charon QC
Changing the Court
Virginia Blogs
SW Virginia Law
Va Poli Blogs
Vivian Page
Bearing Drift
Not Larry Sabato
Worthwhile
Bloggingheads.tv
Gruntled Center
WindyPundit
day by day
The Faculty Lounge
Legal Scholarship Blog
PrawfsBlog
Justice & Drugs
Ernie the Attorney
Bag & Baggage
In case anyone out there needs this warning: This ain't legal advice. Everything in the blog is off the cuff and no one goes back and reads all the cases and statutes before blogging. The law may have changed; cases misread and misunderstood two years ago can still lead to a clinging misperception. Courts in your county, city, or State probably don't operate as described herein. Feel free to be inspired, but YOU MUST ALWAYS DO YOUR OWN RESEARCH OR HIRE A COMPETENT ATTORNEY TO DO SO because I haven't.
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