Criminal Law

CA: TO p.d.'s happy retirement

Posted on March 25, 2008
From the Ventura County Star: Public defender steps down - "He's one of the most passionate people I know when it comes to indigent defense. It's in his blood. It's who he is." Public Defender Kenneth Clayman is a towering figure as he walks down the halls of the courthouse in Ventura ? shoulders pinned back slightly, a ramrod-straight gait, long arms barely swinging...

"A big proponent of the right of self-representation"

Posted on March 25, 2008
On the eve of Supreme Court argument in Indiana v. Edwards, Professor Erica Hashimoto drops by Concurring Opinions to validate public defender client perceptions that - yes, we're abysmal, and - yes, we're in cahoots with the government.Comments are open...

ID: human costs of caseload cost-cutting

Posted on March 23, 2008
From the Twin Falls Times-News:'Lowest rung on the ladder'Michelle Mellinthin was no angel. Charged with grand theft, meth possession and forging a bank card, her public defender in Canyon County didn't waste time finding out if she was actually guilty of all those charges, the Idaho Supreme Court later determined...

ID: Idaho prison dogs

Posted on March 21, 2008
From the Idaho Statesman: Photo Gallery: A Look into The Inmate Dog Alliance Project of Idaho(A)t the Idaho Correctional Center south of Boise... the Inmate Dog Alliance Project of Idaho... has been training dogs from the Idaho Humane Society for two years...

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One-stop shopping for our meth clients

Posted on March 20, 2008
(stolen from The Strait of Messia)

WA: no jury of your peers, kid

Posted on March 20, 2008
From the P-I:Juveniles charged with violent crime have no right to jury trialA juvenile charged with a violent crime has no state constitutional right to a jury trial, the state Supreme Court ruled Thursday. (Azel) Chavez was convicted in juvenile court of several counts, including attempted first-degree murder, first-degree robbery while armed with a firearm, and second-degree assault while armed with a firearm...

"Occupational defiant disorder"

Posted on March 19, 2008
All's well here. If any else, the recent folderol at my courthouse has taught me a new diagnosis to describe those of us who do juvenile criminal defense.

Hello, stranger

Posted on March 19, 2008
I'm a PD is back!

Homebody

Posted on March 17, 2008
Let me just say, I'm glad to be home tonight on my laptop in my own comfy chair, wearing my own comfy clothes and not someone else's size 4XL orange coveralls. There are those who relish walking the edge of contempt of court, but I'm a simpler home-loving sort...

Lazy Sunday

Posted on March 16, 2008
Plum and Al

More love for Feige

Posted on March 14, 2008
From Newsday:Seton Hall law prof teams with 'NYPD Blue' producer on TNT seriesAfter pouring his heart and soul into a 2006 book about his experiences as a public defender in the Bronx, David Feige knew exactly who he wanted to shepherd the project to the small screen...

WA: "difficult to see how a suspicionless drug testing program is necessary"

Posted on March 14, 2008
Our local supreme court has taken the piss out of the surveillance society just a bit. From the Seattle Times:WA high court says random school drug testing unconstitutionalThe state Supreme Court ruled Thursday that random drug testing of student athletes is unconstitutional, finding that each has "a genuine and fundamental privacy interest in controlling his or her own bodily functions...

Competencies

Posted on March 14, 2008
I stumbled on these Resources for New Legal Aid Attorneys. Wish they'd been available back when I was a new legal aid attorney. Of course, I wish they'd had the internet back then, too.I thought this one was pretty good reading for those of us on the indigent side, civil or criminal: Representing the Whole ClientWhen we understand the nuances of clients? experiences and the lenses through which they see the world, we are in a better position to serve them and achieve the best outcomes on their behalf...

The Wire has a proud ex - p.d. for a fan

Posted on March 13, 2008
In summing up "The Wire," Postlapsarian recalls a previous line of work:I mean one of the reasons why I chose to be a public defender was to get immersed in a gritty world that I wouldn?t normally be a part of ? and I wanted that to be conveyed realistically...

Reclamation project

Posted on March 12, 2008
Mac at PSU has asked me to spread the word:Special March 20 Web Conferencefor All Reclaiming Futures ApplicantsReclaiming Futures® changed the way juvenile courts in 10 pilot sites help teens with drug and alcohol problems. A new national dissemination program supported by a grant from the Robert Wood Johnson Foundation is spreading the Reclaiming Futures approach to up to six new communities this year through a learning collaborative that shares resources, improves data collection and utilization and promotes new standards of practice...

WA: maritime law

Posted on March 11, 2008
One way that practicing here is different from the high desert, in court yesterday:"The respondent will be released to house arrest aboard his grandfather's boat..."

CA: grief and shock over San Jose colleague's suicide

Posted on March 10, 2008
From the Orange County Register:Prominent O.C. lawyer found dead - Gary Proctor, who handled dozens of high-profile cases, was found dead of an apparent self-inflicted gunshot wound at his San Jose homeDefense attorney Gary Proctor..., 63, allegedly committed suicide by shooting himself in the backyard of his San Jose home on Sunday...

ID: a Mazda-load of hot Holsteins

Posted on March 09, 2008
One of the cool things about working at the Twin Falls County Public Defenders Office - it may be 2008, but you still get to represent cattle rustlers:"The way that it happens is you drive your little Mazda into the dairy, in the back where the cameras don't pick it up...

"The Wire": Götterdämmerung

Posted on March 09, 2008
Farewell to "The Wire," this time for real, and welcome to our new criminal defense colleague, Cedric Daniels.

WA: Valentine's Night at TESC - what a riot!

Posted on March 08, 2008
You may have seen or heard something about the recent unpleasantness (pictures here) at our local liberal arts college. In-court coverage from the Olympian:Five accused of destroying sheriff's patrol car plead not guiltyFive people arrested Wednesday morning in connection with the destruction of a sheriff's patrol car during a Feb...

Honi soit qui mal y pense

Posted on March 06, 2008
This is good - John Scalzi, "Shaming the Poor": Shaming the children of poor people for daring to receive a free lunch is tantamount to saying to them, well, if you had been smart, you wouldn?t have been born to poor people in the first place. And, you know...

The Colorado Method: coming to a CLE or TV near you

Posted on March 05, 2008
How did a rebel public defender from Boulder, Colorado, throw a monkey wrench into America?s "death machine"? Slip into a juror?s seat as David Wymore and other nationally recognized criminal defense attorneys bring their fight against the death penalty to the front line: the courtroom...

"Real lawyer," diagrammed

Posted on March 05, 2008
Thank you, Ipse Dixit.

VA: "it always struck me how much he cared"

Posted on March 04, 2008
From the Virginian-Pilot: Man who established Portsmouth's public defender's office dies at 55 John H. "Jay" Underwood III, the city's public defender for 22 years, died Sunday after an 18-month battle with cancer. Underwood, 55, left private practice in 1986 to establish the Portsmouth Public Defender's office, and friends and family say it was a job he never stopped loving...

ID: pay prosecutor $, get out of trouble, okay?

Posted on March 02, 2008
It's great to see that Idaho has a contender in the prosecutor pay-to-play scam sweepstakes. From KIFI:E. Idaho prosecutor faces charges concerning public moneyCaribou County Prosecutor Criss James is accused of dismissing citations in exchange for about $3,800 in cash that authorities say he deposited into his personal bank account...

GA: Gideon survives the Georgia legislature

Posted on March 01, 2008
From Atlanta, Sara reports on the toll that the legislative fight for quality indigent defense in Georgia is taking on her: Grizzly Bears and Ring Mistresses This is what the legislative session does to me... We passed huge legislation to reform the public defender system in 2003, one of if not the most significant victory in my life...

WA: "unfair obstruction arrest - part of the black experience in Seattle"

Posted on February 29, 2008
From the P-I:Blacks are arrested on 'contempt of cop' charge at higher rateWhen Seattle police arrest someone for "obstructing a public officer," chances are nearly dead even they're arresting an African-American -- in a city that's predominantly white...

Probation officer humor - "I am Witham"

Posted on February 28, 2008
I see I'm not the only one who's been told this, from Felony Stupid:These are not my pants!!Ah, but how many of you can say you've used this defense in trial without losing? (I put it that way because the jury hung - not a 'not guilty,' but at least not a 'guilty...

Dog - more than just a partner

Posted on February 28, 2008
I'm always up for a dog story. From the Olympian: Sheriff's office debuts its dogs - Savings, benefactors help feed and care for two K-9 teams The Thurston County Sheriff's Office formally commissioned its new K-9 unit ? two German shepherd dogs, Enok and Rex...

WA: "when you push them out, who are you pushing them to?"

Posted on February 26, 2008
From the P-I:For teen felons, hardest job is finding honest work - Crimes from the past hurt youths trying to build a new futureFinding jobs for teens with a felony on their record is increasingly difficult, but court officials say it might be the only thing to save them from spiraling further into crime...

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