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A Public Defender 
Criminal law news from Connecticut and around the country.
Post Frequency: 10.1/day Last Entry: March 31, 2011 at 12:17:35 Recent Entries: 819
By Gideon
Go to A Public Defender, find other Public Defense blogs, or browse all law blogs.
(Disturbing) Video Wednesday
Posted on March 25, 2009Here are two videos, on different ends of the spectrum, both equally disturbing in their own right. First, from Meriden, CT, a brutal beating by a cop caught on tape. I mean, it’s really brutal. Story Second, from Capitol Hill, Rep. Barney Frank makes a bizarre statement: Story
Look ma! No hands intent
Posted on March 24, 2009Imagine you’re sitting at a dinner table with some friends. You pick up a fork to eat some salad. Suddenly, cops come bursting into your house and arrest you for the murder of your friend who’s sitting across the table. You’re convicted and then the Supreme Court upholds your conviction because you took the first [...
Shh?don?t look now?
Posted on March 24, 2009but the Judiciary Committee is in full swing again and is considering several important bills again. Here’s a listing of the bills up for public hearing today, with some links to submitted testimony. I’ll have more on specific bills as they progress...
Who is this guy!?!?
Posted on March 24, 2009“Who is this guy?”, an experienced trial attorney recently confided in me, is one of the essences of jury selection and the best we can hope to do. Prospective jurors are faced with a pretty intimidating (and boring) day. “What do you think of the presumption of innocence?” “Do you need to hear both sides [...
Eyeballs: a Texas delicacy
Posted on March 20, 2009How many times can one say: “It happens only in Texas” and not sound repetitive? I’m pushing the envelope here. Because, this just happened in Texas. A man plucked and ate both his eyeballs (though not at the same time) and yet he was found competent to stand trial and be convicted of capital murder...
It depends on what ?unlawfully remains? means
Posted on March 20, 2009So the other day, I went to Miranda’s house. While there, I noticed she had a new iPod Nano. The thing looked damn good. So I thought I’d get myself one. Then I remembered that I was a public defender and I didn’t make much money. So I started thinking...
A year older and sadder
Posted on March 19, 2009So I’m not talking to any of you. It was my birthday yesterday and no one wished me. (Well, two people did. Thanks Skelly and the other person who knows who he is.) Oddly, the exact same thing happened last year. I’m beginning to believe that you people don’t care about me - and it’s [...
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Depends on what ?actually present? means
Posted on March 15, 2009Last year, in the wake of the Cheshire murders, the legislature got it into their heads that our current Burglary statutes weren’t sufficient to prosecute the act of a home invasion1. While not true, they felt there had to be some response to the murders and as a result, passed the home invasion statute...
When is an assault not an assault?
Posted on March 10, 2009When it’s a strangulation. Yes, as of 2008, the Connecticut legislature has created the crime of “Strangulation” (I’d link to it, but it isn’t up on the website yet). Is it redundant? What does it really mean? Let’s find out! The first step, of course, is to conduct an elements analysis...
Now Hiring
Posted on March 10, 2009[Note: This is a "sticky" post. There may be more recent posts beneath this one.] To: Connecticut Public Defenders From: apublicdefender.com Management Re: Job opening ___________________________________________________________ Connecticut Public Defenders, this is a once in a lifetime opportunity! Gideon has suddenly come into some money from a long-lost relative in Nigeria...
You people would make terrible eyewitnesses
Posted on March 10, 2009The poll results from the eyewitness ID poll reveals either that I’ve got a bunch of non-attentive readers or (more likely) that there’s no way anyone can identify anyone from that array. They all looked the same to me, btw. So, for those of you interested in the “answer”, it’s after the jump...
Listen up!
Posted on March 10, 2009We talk a lot, as lawyers. It’s in our job description. The old classic misnomer is that if you can debate or argue well, you’ll make a good lawyer. We do it all the time: we talk to judges, we talk to clients, we talk to each other. Talk, talk, talk...
Someone else did it: the law of third-party culpability
Posted on February 26, 2009This post was initially titled “knock me over with a feather” because the CT Supreme Court actually granted [concurrence] a habeas corpus petition today on the grounds of ineffective assistance of counsel. But to go on and on about that would be petty and I am not a petty person, so I’ll restrict my glee [...
Abolition measures picking up steam in states
Posted on February 25, 2009I tell you people time and again not to misunderestimate me. I am the national bellweather for things criminal justice related. A few weeks ago, I made the call for abolition of the death penalty in these harsh economic times. It seems that some of you in high places were listening: In the last week [...
NAS: Bullshit!
Posted on February 19, 2009The NAS just called “bullshit” on many of the forensic techniques used in labs across the country, ranging from fingerprint, blood splatter, hair, arson and fiber analysis to bullet comparisons. The only technique escaping this harsh critique is DNA analysis, which has been the subject of voluminous study and testing...
?Junk? science at its worst
Posted on February 19, 2009Earlier today I wrote about the NAS report on the state of forensic sciences in labs across the country. One of the findings of the report was that some “areas” of forensic science are unreliable because of the lack of standards, research and scrutiny...
Lie to me: Why thank you, I already am
Posted on February 18, 2009As if CSI wasn’t enough, lawyers now have another TV show to deal with when it comes to jurors and their ability to make credibility assessments. A new show, starring the inimitible Tim Roth, Lie to Me, purports to bring to the fore the “science” of lie detection through observation...
So the breathalyzer is racist!
Posted on February 18, 2009Way back in November 2008, when the world was a rosier place, I asked if the breathalyzer was racist. The post was based on a comment by noted DUI lawyer Jay Ruane, who challenged the use of the Intoxilyzer 5000 by the State of CT. The claim was supported by the research of a Dr...
Tasing isn?t for cops only
Posted on February 18, 2009Now you, too, can tase people from the comfort of your home or your business. This is not a joke.
The box has been banned
Posted on February 18, 2009Updating an earlier post, the New Haven board of Alderman approved the ordinance banning the box.
Bizarre tragedies do not discriminate
Posted on February 17, 2009They’re not limited to Japan. What does state law say about exotic pets? Ryan, you need to get on that.
Monday Morning Jumpstart
Posted on February 16, 2009You know, on this day off, I finally decided to get back to posting a Jumpstart, but then I realized that the Texas Torndao was hosting Blawg Review this week. So I mosied on over there, and sure enough, he’s got it all. He’s done a terrific job of covering the week’s criminal law blog [...
More free advice from Gideon: cross-examination techniques
Posted on February 16, 2009Update: Since none o’y'all want to show your appreciation for this fine Free InformationTM, I had to pull out all the stops and insert this picture of J. Scalia. Now comment, or he’ll tell you how rude you are. Original: We, here at A Public Defender, are a magnanimous sort...
How much time is enough?
Posted on February 16, 2009I’ve spent pretty much all day thinking about the “trial list” and when I’ve managed to move onto other pursuits, it comes back into focus. For those not “in the know”, a trial list is a list of cases presumed “ready” to go to trial in a given court...
Proof that sex offenders make people act crazy
Posted on February 13, 2009Sex offender hysteria is well documented. Apparently, the Federal Government is also not immune from its mind altering effects. Consider the case of John Doe in Ohio. John Doe, convicted in 1993 of sexual battery in state court, is currently on Federal probation for unrelated drug offenses...
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NO TRIMMING IN PUBLIC PLACES
In the Village of Scarsdale, you're not allowed to "...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
Does a Chapter 7 bankruptcy discharge a secured mortgage loan?
Yes if you file they cannot sue you to the knowledge I know. My brother is in re...
How to prevent an arrest from appearing in the local newspaper?
Dont know the law in Minnesota but in most jurisdictions an arrest is a matter o...
When there is a very high level of abuse in which nursing home patient died, neglect from her nurse is mediation good for this or is a jury trial more apropriate?
Totally against mediation! I agree with you, it will never resolve your mother&#...
My situation is somewhat difficult to describe, but about two months ago planes began arriving at an airport near my house and an organized stalking effort began. As I'm driving to and from home, cars will begin encircli
I would like this person 'anonymous' to get in touch with me. Question...
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I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
Does a Chapter 7 bankruptcy discharge a secured mortgage loan?
Yes if you file they cannot sue you to the knowledge I know. My brother is in re...
How to prevent an arrest from appearing in the local newspaper?
Dont know the law in Minnesota but in most jurisdictions an arrest is a matter o...
When there is a very high level of abuse in which nursing home patient died, neglect from her nurse is mediation good for this or is a jury trial more apropriate?
Totally against mediation! I agree with you, it will never resolve your mother&#...
My situation is somewhat difficult to describe, but about two months ago planes began arriving at an airport near my house and an organized stalking effort began. As I'm driving to and from home, cars will begin encircli
I would like this person 'anonymous' to get in touch with me. Question...
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