Screech Stabbing Trial Interesting Defense Tactic

27 May

Here.  Screech’s lawyer in the trial where Screech is accused of stabbing someone was scolded by the judge because the attorney’s car, in the parking lot, had written on it “Good luck to Dustin & Amanda.”  I mean it’s kind of amazing if it somewhat improper in the sense that the audience seeing the car would include potential jurors.   I’m not sure how influential the phrase “good luck” is such that it could affect the partiality of a juror but I could understand why a judge would not be happy.  The defense lawyer in opening argued that there is insufficient proof of the crime of “reckless endangerment” because the stab wound was not that deep or large.  The crime (in Wisconsin) occurs where the defendant does an act that creates a risk of great bodily injury or death.  So I guess this argument is not that bad, but I think it’s hard to get a jury to think that stabbing someone does not create a risk of great bodily injury.  That said, the defense could argue that because the wound is so small Screech probably did not mean to actually cause a serious stab wound.  Interestingly  it appears that Wisconsin has no assault crime only battery.  Where there is no great bodily injury or death the crime is a misdemeanor.  Given that the injury was small the prosecution probably thought it could not prove felony battery it did not want the misdemeanor.  Can’t wait for the verdict.

Reversal of possession of marijuana for sale

27 May

Though D possessed about 27 grams of marijuana, and not 28 grams, the trial court refused to instruct the jury on the lesser included offense of possession of marijuana because it is an infraction which the court said would be improper to try by jury.  The appellate court held that this was erroneous and prejudicial and reversed.

Nice Case

14 May

Nevada jails adopted a policy where attorneys were barred from having contact visits with their clients.  The visits would have to occur through a glass partition.  The lower court held that this violated the right to an attorney and was unjustifiable based on the jail’s argument that their were safety concerns.  The appellate court upheld the ruling.  Lovely.  Odd policy.

corgi gifs

7 Apr

courtesy of buzz feed.

 

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23 corgis who made the world a better place

27 Mar

via buzzfeed.

 

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991–all or nothing

27 Mar

New appellate court case today holds that a judge cannot grant a 991 — a motion to dismiss a misdemeanor for an in custody defendant — partially. I.e. he cannot say that only certain counts are dismissed, he has to dismiss the complaint in its entirety or not at al..

What is a sploot?

20 Mar

I don’t know but I do know that these Corgis sure are cute.

Untitled

Reversal on Upskirt Cam

10 Mar

Kind of interesting. To violate the upskirt camera shot statute the person has to be identifiable.  So five of D’s counts involved shots without the person’s face.  Reversal.  Seems like the legislature may have to fix that statute.

Finally a buzzfeed about corgis again!

8 Mar

It’s been sooo long.

corgi

really interesting batson/wheeler case today

6 Mar

The judge granted the prosecutor’s batson wheeler challenge that the defense was kicking white jurors and reseated a white juror.  The defendant argued on appeal that this chilled his attorney’s ability to exercise further preemptories.  The appellate court would not decide whether white people are a protected class (interesting) because they held that he failed to show prejudice (kind of impossible to show anyway).  Rarely do you see a defense attorney’s batson-ing show up on appeal (obviously).  Pretty interesting. and creative appellate lawyering.