United States v. Jones
http://www.supremecourt.gov/opinions/11pdf/10–1259.pdf
SCOTUS ruled today that placing a GPS tracking device on a defendant’s vehicle is a search within the meaning of the 4th Amendment.
http://www.supremecourt.gov/opinions/11pdf/10–1259.pdf
SCOTUS ruled today that placing a GPS tracking device on a defendant’s vehicle is a search within the meaning of the 4th Amendment.
Working at the Office of the Public Defender is incredible.
I’m learning so much about the practice of criminal law, it’s actually pretty pathetic. I mean, you’d like to imagine that after law school and the bar you know something about the reality of criminal law.
Something.
Anything at all.
I remember when he was arrested.
An orthodox man who brokered deals between people who needed organ transplants but had years to wait on the official list and people who were willing to donate the needed organs.
Now Levy Izhak Rosenbaum has pled guilty to organ trafficking.
Troy Davis was executed last night.
I can’t explain the details surrounding his case better than Jeff Gamso has; I can’t argue with Mark Osler’s article on cnn.com explaining why we should err on the side of not murdering someone. It almost seems like there is nothing left to say… but I can’t sit now and say nothing.
Yesterday I interned at the Office of the Public Defender in district court. This was the first day of my new schedule, working my 40 hours in 4 days and taking Tuesdays off to intern at the OPD. It was frigging fantastic.
Since I’m still waiting on my bar results the most I can do is act as a law clerk, but that’s still much more than I’ve had the chance to do before now.
The more I find out about the court and its procedures (not civil, not criminal, but administrative) the more ignorant I feel. But at least it’s tempered with the knowledge that I’m in the right place to learn.
Turns out that the district court I’m working at splits up the courtrooms by district. I was assigned to one courtroom and I shadow the attorneys who work that room.
Utter chaos started the day; people all over the place, lawyers snatching conversations with clients and their families beforehand and running out of the courtroom for minutes at a time to follow up with clients afterward.
Between the two attorneys I shadowed, there were about 20 cases during the morning docket, but only 5 or so during the afternoon.
When the afternoon docket was finished, one of the attorneys asked me if I found it boring or exciting. I told him that I’m still at the point where it’s all exciting, no matter how boring it is.
http://www.mdcourts.gov/opinions/cosa/2011/1992s09.pdf
This opinion by the Court of Special Appeals addresses several issues. The one I want to highlight is the second question presented to the court.
2. Did the trial court err in admitting extrinsic evidence of a prior inconsistent statement made by the Appellant when the Appellant admitted having made the statement and explained why he had made it?
This was supposed to have been easier.
When I first starting working, years before I started law school, I ran into the same problem everyone runs into when trying to find an entry-level position anywhere — how do you get work experience without already having work experience?
I was fortunate enough to get an interview with SSA back when they were still hiring anyone with a pulse. Now, nearly seven years later when I’m looking for a job in the legal profession, I was hoping that having seven years of work experience would count for something.
I will now allow you to wipe up whatever it was you were drinking that you spewed all over your keyboard after reading that.
Much has been said about Rachel Rodgers’ rant about older attorneys supposedly using ethics as a weapon against younger attorneys.
I’ll be honest, I’m not entirely sure what her point was, but I can totally understand someone wanting to write just to blow off steam. Although it might be a good idea to wait until you calm down before posting it; but that’s another issue, entirely.
I’m not here to decide whether she is violating any ethics rules, even though she is. My reason for writing about this is that I took a few minutes yesterday to peruse my state’s Attorney Grievance Commission website. Listed are the names of sanctioned attorneys next to the sanctions against them and the reason for the sanctions.
There are a lot of names. Several names appear multiple times over the course of a few years.
Some sanctions are for criminal conduct, but a large amount are sanctions against young attorneys who screwed up the fundamental aspects of practicing law.
Trust accounts. Competence. Timely filing. Communication with a client.
A slightly smaller number of attorneys are sanctioned for failure to satisfactorily supervise junior associates. That tells me that those junior associates would have been sanctioned had they been going solo, without the supervising attorney as a safety net. The issues were the same — fundamental tenets of the practice of law.
Is it wrong for an older attorney to use ethics as a weapon against younger attorneys? If by that you mean to beat somebody with a bound Rules of Professional Responsibilty, then yes.
If you mean to increase awareness of the potential pitfalls for a newly barred attorney going solo, then no.
I wasn’t going to write about this. I really wasn’t.
People have already said most of what I wanted to say. They’ve said it better than I can.
Then I saw that Maryland Senator Nancy Jacobs is proposing a bill that makes it a felony if a parent fails to notify the police within a short period of time after the death of the child is discovered.