Child Porn Enhancement
RICO Act Violations
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Child Porn Enhancement
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More on Fifth Amendment Rights from the News: On the Scope of the Privilege Against Self-Incrimination
More on Bad Wars Make Bad Law: Some Judicial Warnings
Bad Wars Make Bad Law: An Extension of the War on Terrorism and Its Creeping Infringement on Civil Liberties
It's Not Just Differences in Elements You Need to Consider in Applying the Categorical Approach; Think About Differences in Se
Some Good News on Crack, and a Call for the Government to Come Through on Its Rhetoric About Fairness and Injustice.
If They're Giving Us the Report, Why Not Give Us the Notes?
A DOJ Acknowledgment of Discovery in the Brave New World of Computers.
Have You Thought About the Discovery that Word Processing Might Produce?
Aren't Notes a Written Record Too?
Interview Reports: The Difference Between Them and Us.
To Report or Not to Report, That Is the Question. (With Apologies to Shakespeare.)
The Timing of Reciprocal Jencks: What's Sauce for the Goose Is Sauce for the Gander, But the Gander's Not Entitled to Better
Back to the Brave New World of Computer Searches: A Good (or at Least Improved) New Ninth Circuit Decision.
Last Week's Post and Eyewitness Identification Expert Testimony
The Case Law They Cite Is About the Abuse of Discretion, Not the Exercise of Discretion.
I Told You So: The Double Jeopardy Bar to Government Appeal of a Midtrial Judgment of Acquittal Revisited
The Constitution Is All Fine and Good, But Don't Forget the Rules of Evidence.
They Can't Use Your Silence Against You Here. But They Can There. And There. So What About This Other Place?
How to Determine Whether to Challenge Minimization in a Wiretap Case
Is the Government Actually Minimizing Wiretapped Calls?
Hope Springs Eternal in the Heart of an Ex-Public Defender
Applying Old Word Principles in the Brave New World of Computer Searches
Another Visit to the Brave New World of Computer Searches
Sometimes They Can't Appeal Even When the Judge Is Wrong.
Don't Just Ask to Suppress the Involuntary Statement and the Evidence That's Fruit of the Poisonous Tree; Ask For a Full Kasti
More on State Cops Counting as Federal Cops Under McNabb-Mallory
When Do State Cops Count as Federal Cops Under McNabb-Mallory?
If You Don't Have Miranda or Misconduct, Think About McNabb and Mallory.
Materiality and Intent to Influence in 18 U.S.C. § 1014 Prosecutions
Materiality Is Also Misdefined in the Ninth Circuit Model Instructions
One Last Piece (at Least for Now) of Good News on the Modified Categorical Approach
Did You Know that "And" Really Means "Or"? (At Least Every Now and Then.)
They May Reverse the Ninth Again! (But This Time We Want It.)
Intent to Defraud Is Misdefined in the Ninth Circuit Model Instructions
Acceptance of Responsibility With a Trial: You Can Get It if You Really Want It.
Objecting to a Conditional Plea to Prejudice the Jury: Prosecutorial Bad Form (and Even Bad Faith?)
They're Doing You a Favor by Agreeing to a Conditional Plea? Wait a Minute!
Why Do We Sign Plea Agreements? Or Who Needs the Government Anyway?
You Can Make Them Fix That Breach! Really Fix It.
Did You Know This? The Drug Testing Error Rate Could Be One in a Hundred But the Chances of Your Client's Dirty Being a False
Getting Even Braver in a Brave New World: Computer Searches Part 3
Getting Braver in a Brave New World: Computer Searches Part 2
The Brave New Fourth Amendment World of Computer Searches
Computer Discovery in Child Pornography Cases: You May Not Be Entitled to Everything, But You're Entitled to More Than They U
So You Think You Speak Spanish, Officer? Well, Give Us a Sample Then.
A Fourth Government Misunderstanding: About Its Brady Obligation Again
Codifying the Brady Standard to Help the Prosecutors Understand
A Third Government Misunderstanding: About Its Basic Brady Obligation
Another Government Misunderstanding: About Expert Discovery
Some Good News and Some Bad News on Who Controls What's a Controlled Substance
Who Gets to Tap Your Phone: Just the DA Himself or His Assistants Too? Maybe Even His Secretary? How About the Janitor?
Can ICE Really Ice Your Client Even When He Gets a Bond in the Criminal Case? Or Is There a Way to Melt ICE?
A Government Misunderstanding: About Pretrial Detention
LOVE MAY OR MAY NOT BE IN THE AIR, BUT THE NEW SENTENCING GUIDELINE AMENDMENTS ARE
Some Modest (or Immodest, as the Case May Be) Proposals for Our Clients' Multiple State And Federal Cases
Some Last Thoughts on the Categorical Approach -- From a Guest
More on the Categorical Approach for Applying Federal Prior Conviction Enhancement Statutes
Who Controls What's a Controlled Substance?
Enhance Your Litigation Skills by Challenging Enhancements
"Draft" Transcripts? Or the Better Originals?
SENDING THE WRONG MESSAGE: US v. SANCHEZ
DON'T TASE ME BRO: Brooks and Mattos
STRIPPED OF ALL DIGNITY: Florence v. Board of Chosen Freeholders of the County of Burlington, New Jersey
PENAL CODE 490.5: Civil Recovery for Sticky Fingers
US v. JONES: EVERY STEP YOU TAKE, I'LL BE WATCHING YOU...
U.S. v. BAGDASARIAN: Shooting (Your Mouth Off) at Obama
J.D.B v. NORTH CAROLINA: COURT ORDERS POLICE TAKE A "TIME OUT" BEFORE QUESTIONING JUVENILES
US v. COTTERMAN: A BORDER WITHOUT BORDERS
UNITED STATES v. PEPPER: JUSTICE SOTOMAYOR GOES TO REHAB
MICHIGAN v. BRYANT - TESTIMONY FROM BEYOND
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