The fact that you are in custody either following a conviction or awaiting trial does not mean that all of your constitutional rights disappear. As a rule, you have no reasonable expectation of privacy in your cell or your...more
The U.S. Supreme Court has long interpreted the Sixth Amendment to embody a right to effective assistance of counsel, which includes the right to effective assistance during sentencing. There have been several important cases...more
No person, rich or poor, guilty or not guilty, should be forced to endure the rigors and risks of a criminal trial the very same day he is introduced to his attorney. No attorney can ever be prepared adequately to try a case...more
Usually when someone invokes her right to counsel, she usually has in mind the Sixth Amendment of the U.S. Constitution (or perhaps Article I, § 15 of the California Constitution). Thus, I was surprised to see a case in...more
Two wins in the Eighth Circuit - nice. Other than that, it's a whole lot of resentencing news.
In news related to last week's short wins post, though, where I lamented that Assistant Federal Public Defenders will be...more
In a unanimous opinion reversing in part Division Six of the First District, the Illinois Supreme Court has held in Ferguson v. Patton that the Inspector General for the City of Chicago lacks the authority to retain private...more
Abraham Lincoln once said that a man who represents himself has a fool for a client. In criminal defense cases, Mr. Lincoln had it right....more
Originally published in the New York Law Journal on March 6, 2013.
Almost 50 years have elapsed between my first and most recent appearance before the New York Court of Appeals and a recent LEXIS search shows I...more
The Internet has transformed society in so many ways. Even the ways we find information and the sources we rely upon have been fundamentally transformed. It appears our legal systems need to adapt to this new...more
It is a profound grasp of the obvious to state that internal investigations are risky. There are so many things that can go wrong when conducting an internal investigation. I am biased and believe that former federal...more
In a recent State Farm Insurance commercial, a young woman says to a young gentleman, “You can’t put anything on the Internet that is not true.” He asks her where she heard that, and in unison, they exclaim, “the Internet!” ...more
In our first "Short Wins" of the new year, the Eighth Circuit reverses a district court's order restricting a person in BOP custody from communicating with folks on the outside, the Ninth Circuit reverses on a career offender...more
The Miranda rights, also known as the Miranda warning, are read to people upon arrest. Police and other law enforcement personnel are required to read or recite this warning to suspected criminals to ensure that their rights...more
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