Information and Insight on Criminal Law and Civil Rights
In US v. Pinedo-Moreno, decided January 11, 2010, the 9th Circuit Court of Appeals held that: (1) there is no expectation of privacy in a car parked in your driveway. Police officers had attached a tracking device to the underside of the appellants car, while it sat awaiting the return of its owner. The court said that the homeowner…
Continue Reading Ninth Circuit Says Automobile Tracking Device Not A Search
When I was a young JAG lawyer, the Army insisted on my use of this goofy phrase as I would call a fact or circumstance to the attention of a witness: "directing your attention to exhibit A, can you identify the item for the court." It had a nice "legal" sound to it and it was easy to remember. Candidly…
Continue Reading Directing Your Attention to Paul Luvera – Heads Up For Great Trial Lawyers!
That’s right – a six dollar fax. No fries or coke. "Just the fax, Ma’am." Are you kidding me?!
So I got this bill from a lawyer to whom I had referred some work and he billed me $6 for a fax. Actually it was $18 for three faxes. Really? What long distance carrier does he have that charges by…
This week’s first call from a potential client posed the question: Why do federal investigations take so long? Long is right! I am involved in a fraud case in federal court (potentially) that began nearly 5 years ago, and like that rabbit it just keeps going and going and going and – well you get it. Federal prosecutors are like…
Continue Reading Why Do Federal Investigations Take So Long?
Almost forgot about this one – Charles Hartman – pled guilty to sexual abuse of a minor in 2007. On January 13th a jury awarded his victim $1.9 million. Boise lawyer Walt Bithell represented the victim, who was 16 at the time she was molested. Speaking about the role of the civil case:
"The civil case is designed to do…
Continue Reading In Boise – Jury Awards Sex Abuse Victim $1.9 Million
When I was at the Trial Lawyers College I met Daniel Rodriguez – a mild mannered civil rights lawyer from Bakersfield CA. He showed me there that he was simply one of the greatest story tellers in the class and undoubtedly one of the great trial lawyers in the country. He has a home town style that quickly captivates those…
I have had some comments (some not so supportive) and calls (a few agreed) about my last post on Haiti. I know I am off topic here, but take a look at the Associated Press report today about the dismal failings of the government in Haiti to handle the job of providing support to its people. After seizing control of…
I was struck by the irony of it all – abandoned and orphaned children being delivered to another orphanage by apparently well meaning Americans – while the government of Haiti cannot deliver even the most basic essentials to its people. They cannot take so much as water to their own but they presume American missionaries are trafficking in children. Sick.
Continue Reading In Haiti There Is No Presumption of Innocence