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INTERESTING COMPARATIVE LAW - BRITISH ANGST OVER 42 DAY DETENTION LIMIT - As our GOP leadership whines about even having to show that they are really terrorists after 60 months, England is aghast that some want to extent to 42 days the time terrorist suspects can be held without charge! How far the colonies have strayed! There is also a glaring error in the article from the Economist, indicating nobody in the USA is held for over 5 days. They haven't come to Louisiana, and apparently Clive hasn't told them!

LIBERTY AS PUBLIC ENEMY - The dissents in the Supreme Court's Habeas for Gitmo ruling, and doubtless the right wing wacko DJs and commentators, offer a chilling attitude in which liberty is actually the threat! What an outrage! 6/ 14/ 08

ERNIE LEWIS - PROUD BUT DISAPPOINTED - A career in the Public Defender Profession has yet to reach the point where we can comfortably retire with satisfaction of all we have achieved. Ernie Lewis has a lot to be proud of, but knowing the business as we do, we certainly can identify with the very frank view given in this interview with a Kentucky Newspaper: pride and profound disappointment. What other career offers such a melancholy mix of joy and sadness? 6/ 9/ 08

NEW ORLEANS CRIME MAY BE SLOWING RETURN - CNN reports that crime is not hurting tourism, but the question is whether residents are being neglected in favor of businesses that can't afford crime in the French Quarter. 6/ 9 /08

OBAMA KEY PLAYER IN DEATH PENALTY REFORM - Not an opponent of Capital Punishment, Barak Obama played a key role in Illinois reform, including laws requiring recorded interviews of defendants. It seem his approach will be like Bill Clinton, who supported Capital Punishment. 6/6/08

TEXAS COURT STAYS LETHAL INJECTION IN 1991 MURDER - Consistent with what Gary Clements tells us, challenges to L.I. continue, and Texas courts have stayed an execution this week over the process of lethal injection. 6/6/08

OBSTRUCTION OF JUSTICE BY THROW DOWN - Now when your client tosses his dope, it is going to be not only Possession or PWITD, but also "Obstruction of Justice" - Supreme Court so holds this week in State v Jones, 07 1052. 6/04/08

PORN TRIAL HALTED AFTER JUDGE'S WEB HAS RISQUÉ' PICS - Yes, California. L A Times reports a Hollywood movie maker who creates hard core video will not go to trial yet, as a Judge's website carried some nekked' pictures and such. What's good for the goose . . . uh, never mind, bad metaphor! 6/ 12/ 08

PHYLLIS MANN NAMED TO NATIONAL POST - Former Rapides Public Defender, LAP Attorney, and champion of the diaspora inmates post-Katrina, Phyllis Mann has taken a spot with NLADA. 6/7/08

CAN A RACIST BE A GREAT PUBLIC DEFENDER? - Georgia uncovers a 600 case wonder boy whose outrageous dress and personal style may have hidden a racist tinge in the clearly excessive caseload numbers he worked as a contract public defender. 6/02/08

MORE HURRICANE 'FORECAST' ABSURDITY - Yes! Hurricane Season has begun, and there are stories about Dr. Gray's forecast and other weather predictions: but the problem is its a crapshoot, and nobody really can tell us what will happen. Ever since the numbers lined up with a Dr. Gray call a few years ago, the media has fawned and splashed over his studies. Last two years he bat about 100. With another busy year predicted, we can only hope he continues to miss the mark. 6/01/08

DEATH VERDICT IN BR - Brumfield gets about two hours' deliberation over his life - weeping jury returns Death Sentence for non shooter who urged robber to "shoot them if they don't give up their wallets". 5/30/08

NYT CALLS ON JINDAL TO FINISH JUVENILE JUSTICE REFORM - Blanco was committed. The Legislature is closing Jena. Will the Governor finish reform and make Juvenile Justice here a model for the country? 5/ 30/ 2008

FMI - CAN IT TELL THE TRUTH FROM A LIE? Recent "news" accounts of a MRI of the brain serving as a lie detector suggest this is new. Four years ago articles in science magazines were discussing the pitfalls of trying to use this new method as a polygraph. 5/ 29/2008

In the wake of the Death Sentence in Baton Rouge last week, other Capital cases are moving forward, including State v Gillis in Baton Rouge, in which Judge Bonnie Jackson has denied a Continuance, and a Rape/Homicide in Plaquemines Parish prosecuted by ADA Tony Clayton, which is into the gruesome fact portion of trial. 6/6/08

R KELLY PORN CASE - Slate Magazine's running account of the Rap Star's trial includes how the Court is dealing with the dirty videos and public showing implicit in trial. 5/ 22/ 08

JUDGE EXCLUDES JAILHOUSE OBSCENITY FROM DEATH CASE - What happened in the Baton Rouge Jail will stay in the BR Jail - Court holds alleged jailhouse obscenity inadmissible in armed robbery homicide at behind Baton Rouge restaurant. 5/ 22/ 08

TEXAS YOUTH SERVICES SLAPPED: NO EVIDENCE TO REMOVE OVER 400 KIDS - Spooky as it is, the Polygamist Sect Ranch raided in Texas by State Juvenile Authorities is a great lesson in why kids need lawyers in Juvenile Court to professionally represent them and actually fight for them! Louisiana is woefully inadequate in that category, and many would suggest the State might have had little trouble in our State yanking almost 500 kids away from their parents on an anonymous tip from a person identified as a probably prankster. The Texas Bar responded. In Louisiana the kids languish. 5/23/08

STATUTE MIGHT NEUTER EVEN STATUTORY RAPE Criminal Justice from the Duck Blind: if you even go hunting, you'll hear the guys say "they should castrate him" - welcome to Louisiana! We're going to do it!! See SB 144. We really can't get enough satisfaction from JAIL, its lost its "sting", so we are going creative on some medieval approaches, including 'date rape'! 5/22/08

STEVE SINGER: SAME SONG, NEW COURT: CONTEMPT IN WILLARD'S COURT - Cuffs, not the "style" kind, for Steve Singer, once again. When told to "exit", the TP says he staged a sit in and physically resisted. Judge Willard exhibited some judicious patience and didn't go with the jail drama, but held Steve in contempt for a while in the break room. Interesting reference to one eyewitness account: "He was refusing to walk, wiggling his jacket around. He was trying to make it look like he was Jesus doing the stations of the cross." Got to love New Orleans! 5 / 13/ 08 READER SUGGESTS JESUS/ SINGER COMPARISON & CONTRAST

ETHICS OPINION LIMITS INTERIM CHIEF - Options for working in Indigent defense for the former Interim Chief Defender appear limited after an advisory opinion from the State Board of Governmental Ethics opines that the two year exclusion against contracting removes "Programs" from the list, but allows employment with a District Defender. 5/ 14/08

"GOOD CANDIDATE" FOR ANGOLA OFFICER ARRESTED IN BRUTAL DOUBLE HOMICIDE - "He looked like a good candidate to us" said a spokesperson for the State Prison of Dominic Smith, who was half done with training to be a Prison Guard at the big farm. Smith has been arrested in the double murder of his former girlfriend and her son, and the attempted murder of a toddler Sunday in a Zachary Park. Shudder to think who was next in line for that job! 5/ 6/ 08

ONEROUS DISCLOSURES TO BE REQUIRED OF 307 BOARD STARTING 2009 - R.S. 42:1124.2 includes the Public Defender Board members, apparently including ex officios, in onerous financial disclosures, including employment of the member and spouse, income amounts and financial relationships. Mortgages, compensation sources, and property ownership are included. Transfers to third parties are to be reported and cannot evade the disclosures. Income from non-profits must be disclosed. All this amounts to the "transparency" that Governor Jindal has mandated, and it means nearly every conceivable connection between a board member and any business or person will be "on the record"! Onerous might be too easy. This makes being a "Board Member" a kind of privacy nightmare. But it prevents anyone from back door profits and makes clear where one's interests lie. 5/ 6/08

DALLAS DA - "DISBAR PROSECUTORS WHO VIOLATE BRADY"! Things are not all "W" in Texas! Dallas County has seen an unusual number of exonerations, and the D.A. there says Prosecutors who withhold evidence should be punished! Now, that's "Law Enforcement"! 5 05 08

KENNER COPS NAB TEACHER SOLICITING KIDS (FROM WISCONSIN) - A Wisconsin school teacher sent nude pictures to a Kenner, Louisiana cop posing as a 15 year old girl. He will be prosecuted IN LOUISIANA. We don't have enough jail spending: now we are importing prosecutions from Wisconsin!! Way to go Kenner PD!! 4 29 08

US JAILS MORE THAN 'RED' CHINA - LOUISIANA'S POLICY OF JAIL FIRST - Its just the numbers: 1.6 million in cages in China, 2.3 million in cages in the U.S.A., where folks love that Sheriff out west with his tent city jail! The NYT series makes one consider whether in fact this is now class warfare: locking up the minority races, the misfits, the retards, so the country club is peaceful and the gates on the gated community can stay open. Louisiana more than any is buying into the "all jail" policy. Per 100,000 people, the US is #1, Russia is in Second Place. Do we really have so many evil bastards here compared to China, and Russia? 4/25/08

RETAINED LAWYER DISBARRED AFTER INNOCENT STAYS IN JAIL - Advocates of structural changes might review this California case where a private bar member left an innocent man in jail. The Bar said "give up your license". Calls to mind that the character of the lawyer is the most critical element of the attorney-client relationship. Structure must compliment and not impede that, but doesn't tell the whole story. 4/ 25 /08

ILLEGAL ARREST UNDER STATE LAW DOES NOT RENDER UNCONSTITUTIONAL SEARCH - Virginia had a statutory prohibition of arrest for the particular offense involved in Virginia v. Moore, but the SCOTUS holds that cannot render the search incident to arrest violative of the 4th Amendment. Ruling yesterday. 4/ 24/08

TEXAS C.I. CALL FROM 16 YEAR OLD MAY HAVE BEEN PRANK - Texas authorities have nearly 400 kids in foster care, but reports are surfacing that the "confidential informant" who called in as a 16 year old abuse victim may actually be a serial phone prankster who is under investigation for previous false reports! 4/24/08

RADIO MAN MURDER TRIAL SET IN LAFAYETTE - Moved over pre-trial publicity, the Jefferson Parish homicide case is set for May 12 in Lafayette. The Clerk is counting pennies, and the media is working on another change of venue! 4/24/08

21ST CENTURY COURVOISIER'S CASE - LAWYERS HOLD SECRET OF INNOCENCE 26 YEARS - There is an old ethics text recounting the duty of loyalty to the client and how difficult that can be: including knowledge of guilt. Here's a 21st century version in which an innocent man did 26 years for a murder he did not commit: but the lawyers could not disclose the confession of their client! 4/ 22/ 08

DNA for CHARACTER? - Washington Post reports the frontier of DNA includes efforts to show future dangerousness, compulsion to exclude specific intent, and pre-existing injuries. The law is dynamic, including theories and use of evidence that can raise frightening questions. 4/ 22 / 08

LET THE KILLINGS BEGIN - SCOTUS DENIES INJECTION CASES- Companion cases to the L I ruling issued last week have been formally dismissed, and Texas, Florida and the other Killers for Justice are ready to roll. 4/21/08 LETHAL INJECTIONS TO PROCEED - SCOTUS SAYS ITS OK - The Supreme Court has flushed arguments that Lethal Injection is Unconstitutionally Cruel. Justice John Roberts wrote for 3 Justices in a split decision that " . . . . petitioners have not carried their burden of showing that the risk of pain from maladministration of a concededly humane lethal injection protocol, and the failure to adopt untried and untested alternatives, constitute cruel and unusual punishment." 4/16/08 Full Opinion in BASE v REES (Kentucky) Scalia had noted during argument that there is no Constitutional prohibition against pain . . . . .

SENATOR CALLS FOR JETSON CLOSURE - Senator Donald Cravens Jr. says Jetson should close, and he will put in a bill to do just that. Abuse that Federal Courts long ago denounced continues in a State Juvenile system with no regard for safety and rehabilitation. JUVENILE JUSTICE STALLS - Brutal kid prisons rise from ashes of reform: Jetson once again scene of kids being abused under State authority. 4/ 17/08 NEW ORLEANS JUVENILE HELL HOLE INCLUDES SOLITARY! Lights go down, and the old ways come back around. 4/18/ 08

BELL MUST DIE - DR. HOPPE FINDS 50 IQ TEST REBUTTED BY RETARDED VOIR DIRE - Baton Rouge Jury: "DEATH" “If that man (Bell) is mentally retarded, everyone in this courtroom is mentally retarded,” said Dr. Hoppe, renouncing the only IQ test (he administered), which showed a 50! Putting aside the fact that judging from voir dire might not be scientific, Hoppe apparently did not care to consider the absurd, outrageous and clearly retarded defense that Anthony postulated: claiming it was his wife who shot 5 people, including herself, and doing to in the face of scores of eye witnesses!

NOT RETARDED? NOT A PSYCHOLOGIST! Gary Clements notes earlier reports: from Morning Advocate January 19, 2008: "Since he was arrested on the murder counts, Bell has been examined by two psychologists. Both have found Bell has a low IQ. Psychologists Donald Hoppe and Mark Zimmerman have determined Bell's IQ is 50 and 53, respectively". Not only can Louisiana cure Schizophrenia, it can apparently "cure" MR, if necessary to a Death Sentence! (SEE PUTTING THE STOP ON DR. HOPPE - Daubert ends phoney psyche testing used to gather information that had nothing to do with Psychology. Solid PCR work as noted by Gary Clements of CPCPL, with compliments to Jerry Glas. 4/ 3/ 08) Stand by for some very humiliating PCR news as Louisiana once again will look like Kangaroo Court Land with MR folks with a 50 IQ being re-evaluated because they can talk and ask stupid questions during voir dire!! Not to be missed: whether the defense had more MR data two years after the case started, including Social History, Educational Records and other testing, and why Dr. Zimmerman had "insufficient data". 4/18/08

KENNEDY ARGUMENT “The trend here is clearly in the direction of more and more states permitting the capital punishment for this crime,” Scalia . . . . Kennedy lawyer seems enthralled with precedent but Justices say Coker was not a firm "no death for rape" majority . . . . Court could well find Louisiana Statute Unconstitutional but leave means for child rape

to be subject to Death Penalty under a "cruel, heinous" standard . . . . . . there will be votes to uphold the law, judging from argument . . . .Scalia noted other Capital Punishment is oriented to the victims, and this one is too: “It’s exactly the same result,” Scalia said. “It goes to a jury.” 4/17/08 SLATE recounts a bad day at the Court for Death Penalty opponents. Includes comments from Justice Roberts on the killing kid rapists trend. 4/18/08

TEXAS BAR PRO BONO IN SAN ANGELO - Children and families will have volunteer counsel after the Texas Bar put out a call for Counsel to vindicate the Constitution in the Texas cult case that swept up over 400 kids into State Custody. 4/ 16/ 08

CASTRATING IN A WIDE NET - Louisiana Legislature scratches an itch to neuter sex offenders with chemical castration: only the cost is debated. 4/16/08

US 4TH CIRCUIT TRIMS RAPE SHIELD - Court holds the West Va. Rape Shield Statute is trumped by the Right to Confrontation, and Defendant gets PCR on State Court refusal to allow cross of State Expert regarding prior abuse of victim by other men. State Courts have to determine case by case whether the exclusionary rule is disproportionate to "State's Interests" 4/ 10 /08

ANGOLA STATE PRISON FLOODING - EVAC PLAN READY - Portions of the huge Angola State Prison are flooded, and a levee was cut in the last couple of days to protect an evacuation route. Plans are ready to move prisoners out in case of a breach of the main Mississippi Levee - which could put 20 feet of water over the prison in 4 hours.4/10/08

LAFAYETTE: INMATE WINS PCR ON GRAND JURY RACIAL BIAS - A Life Sentence is vacated and an inmate wins on the issue of racial bias in Lafayette Parish Grand Jury panels from 1974 to 1987. A Public Defender represented at the hearing. Judge Jules Edwards found black were excluded, and granted relief to a white convict. 4/ 09 /08

BELL LAWYERS GET 48 HOURS TO PREPARE PENALTY PHASE! - The Supreme Court has given Anthony Bell's Public Defenders 48 hours to put together a Penalty Phase Defense in the 5 victim homicide case. Bell spent the first week of the Trial telling jurors one of the victims was the killer. 4/15/08 FIRST CIRCUIT DENIES CONTINUANCE 4/14/08 BELL CONVICTED ON FIVE COUNTS OF CAPITAL MURDER - RECONSIDERS SELF REPRESENTATION - The Baton Rouge multiple homicide trial ended with Five Guilty Verdicts Saturday, and Defendant Bell decided to get appointed Counsel: who now are unprepared for the critical Penalty Phase. The Trial Court recessed until Monday, bringing one woman on the jury to tears. (Its not so easy being locked up!) ADA's pout about Bell getting over on the Judiciary. MR supposedly is the Penalty Defense. (This should end the Louisiana "let the jury determine MR" scheme once and for all) 4 13 08

PUTTING THE STOP ON DR. HOPPE - Daubert ends phoney psyche testing used to gather information that had nothing to do with Psychology. Solid PCR work as noted by Gary Clements of CPCPL, with compliments to Jerry Glas. 4/ 3/ 08

DNA WITHOUT A WARRANT, AKA 'SURREPTITIOUS SAMPLING' - A Serial Rapist is terrorizing Lafayette Parish-the Task Force takes a cigarette butt out of trash at a Detective's Desk, matches it to Rape Kit sampling, and the deputy is convicted. That tactic is discussed in the NY Times today: is is an illegal Search & Seizure? Abandoned property is not protected. Should there be a different rule for 'abandoned' DNA? 4 / 3 / 08

120 DAY CHARGING WINDOW REVIVED - Senate Floor will consider SB 515 soon. This is a revival of the Bill that was limited last year to Capital Murder, and gives the DA 120 days to file a charge, instead of the 60 days in current law. This outrageous means of keeping innocent people in jail without trial seems to be favored by the Jindal Administration, which apparently believes that our #1 ranking in per capita incarceration is insufficient, so that now we need to house more uncharged inmates in Parish Jails. This will cost Parishes lots of money, not to mention other costs to suspects, but it is a boost to the bail bondsmen who can benefit from the "jail or bail" Louisiana Criminal Justice Policy. It has passed committee!

N. O. N. (NEW ORLEANS NEWS) Perhaps the French / Spanish flourish for grandiosity and flourishes of fantasy, but in any event the Crescent City is not fulfilling its grand design, and not just in the Courts. 4/1/08

WHY WE LOVE THE WEB: FUNNIEST JUSTICE! - Somebody is counting the laughs during arguments at the U.S. Supreme Court: the only Justice without a single chuckle? Its here! 3/29/08

doing enough to make clients understand the "risks of self representation", or has the propaganda about "bad lawyers" started to hurt clients whose judgment is questionable. The first State witness gave chilling testimony of her survival, and identified Bell. 4/09/08

"I WILL RUN" - Home video from St. Bernard on Katrina Flood. Stunning view from inside the disaster as it happened. "I will never stay through another hurricane. I will run." Water came up from Lake Bourne in 3 minutes. 9/14/07

WHY NO OFFICE IN BATON ROUGE? Is it a) "the staff is stalling and not locating any"; or b) the LaPD Board is micro managing this issue by discussing details and trying to get a one year lease in a market that doesn't offer them and otherwise hamstringing the staff; or c) Board members are interested in making their own decision but they forget they are FIFTEEN. Well, you decide from last month's meeting video: http://video.google.com/videoplay?docid=-2299352844386167298&hl=en You may wonder whether blaming staff for the delay is really fair. POST 3 28 UPDATE: MR CLARK GOES TO OFFICING

JAZZ FEST SEMINAR - Louisiana Association of Criminal Defense Lawyers presents its 18th Annual Program in April, in New Orleans during the Jazz Fest. Details here. 2/ 12/08

BLOWBACK IN GEORGIA: "CHANGE" INCLUDES LOCAL FUNDS, FLAT FEE CONTRACTS Not knowing history means one is doomed to repeat it, non? In Georgia they busted the bank for Terry Nichol's Death Penalty Case, and toppled the entire PD System. Now the law may include local cost sharing, flat fee contracts, and caps. How's that for a nostalgic trip back in time? 2/ 5/08

LEGACY OF JUDGES - He's a joke, right? "W" has botched management of the Federal Government, injected ideology into policy, but his legacy will be with us for the lifetime of appointments to the Federal Bench, a process in which the ABA was cut out of screening, and litmus tests on ideology were primary. 3/16/08

SCOTUS TO CONSIDER AUTO SEARCH - Arizona Supreme Court ruled car search after arrestee was caged in police car Unconstitutional. Supreme Court has granted writ. 2 /26

BITE MARKS B.S. SENDS INNOCENTS TO JAIL - For once, not Louisiana, but Mississippi. Bogus "experts" have helped jail crazed D.A.'s to send innocent men to jail on phony bite mark evidence. DNA and the Innocence Project is all that saved them: nobody in the State cared! Now that sounds familiar. 2/21/08

GEORGIA SENATE COMMITTEE TO PDs: TAKE 1/6 - Georgia Budget $536,000 +/-, a bit less than the Governor's request for $3.6 million! The Nichols death case is destroying Indigent Defense in Georgia, and the general appropriation funding is showing its vulnerability to political blowback. 2/21/08 (thanks Ed Greenlee)

PEEK INTO E MAILS ENDS TERM OF DEADLY DA - Racism is apparent in E Mails from a Houston Prosecutor, including some inferences that the large number of Death Penalty Cases could be connected to race. Its been enough to end the term of Chuck Rosenthal, who says his combined pain meds caused a loss of good judgment. 2/ 18 /08

GEORGIA PROSECUTORS MAY HAVE COST TWO TIMES WHAT PDS COST - JUDGE ORDERS ACCOUNTING RELEASED TO LEGISLATURE, WILL SET TRIAL - The Courthouse carnage of March 11, 2005 has taken down a Judge, the Georgia Public Defender System, and its victims, but a new Judge says its time for trial, and has ordered the defense to release spending records to the Legislature. The two million dollar defense may be outdone by a four million dollar prosecution, in the biggest "overkill" in the history of Criminal Justice. Apparently prosecutors couldn't do with three counts of Capital Murder, witnessed by scores of courthouse witnesses. 3/05/08

Whatever you think of Bill Clinton's tryst, he wasn't doling out thousands of dollars in violation of Federal Law. NY Governor Spitzer apparently was caught trying to hide cash for his hobby. 3 11 08 THE OLDEST PROFESSION: ON THE WEB Slate pens on "Emperor's Club" website. 3/12/08

MISLEADING PIC SHOWS MAYOR AIMING AT N.O. CHIEF - Showing off new heavy weapons for NO PD, Mayor Nagin gripped an automatic weapon as the Times Picayune snapped photographs. The still makes it look bad. When WDSU demonstrated with a video that the still was misleading, the newspaper issued a "no comment"! 2 /15/08

COLD CASE FOR THE CENTURY - Lawyer gets Anthropology education, reopens 100 year old mystery. 2/15/08

NATIONAL MEET SET ON MISDEMEANOR DEFENSE - NLADA and NACDL are part of a group promoting a study of how Public Defenders fit into the issue of Misdemeanor Defense. This announcement provides details. 2/ 14/ 08

1 in 100 AMERICANS LOCKED UP / 1 in 36 Hispanic Americans / 1 in 15 Black Americans

AG DECRIES CRACK/POWDER GUIDELINES REFORM - "Attorney General Michael B. Mukasey said that unless Congress acts, "1,600 convicted crack dealers, many of them violent gang members, will be eligible for immediate release into communities nationwide" under a decision by the U.S. Sentencing Commission." Bush Administration wants the difference to remain and impose severely greater penalty for crack. 2/ 08 /08

4TH CIR SUPPRESSES KNOCK ON ODOR OF POT - US v MOWATT Federal 4th Circuit holds police could not knock and inquire without a warrant: making subject open the door was itself a search. The eventual discovery of contraband was fruit of illegal search and seizure, and the knock and view was itself violative of the Fourth Amendment. 2/ 08 /08

LIP READER ON JURY REVEALED BENCH CONFERENCES - Colwart moves for new trial with complaint that deaf juror communicated bench conference info by reading lips during Death Penalty Trial that ended with Life Sentence. 1/31/08

TULANE/LOYOLA STUDY: MORE JUDGES vs PROFESSORS? - Recent academic vs judiciary stories may be just beginning. First it was Orleans Parish, now will it be the La. Supreme Court? NY Times has an early read on a Tulane University Study that suggests contributors win with their candidates on the Supreme Court. Interesting statistical work: one might like to see the % for the powerful District Attorneys vs the Defendants too. 1/ 30/08

NY TIMES REPORTS ON BAIL BONDSMEN - US EXCLUSIVE - Paid bondsmen are the exclusive contribution of the US, according to the NY Times. (The article doesn't note that many countries actually don't have "bail" at all) The Times pushes this as an oddity. 1/29/08 (thanks Jim Looney)

CHARLOTTE GLASS MEMORIAL SUNDAY Death Penalty mitigation expert passes suddenly. Memorial noted for Sunday February 10th in New Orleans. Posting by Virginia Schlueter on Criminal Bar Listserves. 2/ 8/08

MISSOURI COURT REJECTS DNA AS INSUFFICIENT - Expert could not identify the source of DNA and the Court found that the ease of transference of trace DNA means that under Jackson v Virginia the presence of trace DNA does not suffice as proof beyond reasonable doubt in a case where stockings of victim, used to strangle her, had trace DNA of Defendant. EXCELLENT ANALYSIS OF HOW DNA BEING PRESENT IS NOT THE END OF THE FACTUAL INQUIRY. 1/29/08

CRACK DEALER CRIME FIGHTING HERO - A Slidell crack dealer is a crime fighting hero in a Slidell bank robbery when his client changes from "making a withdrawal" to "robbing the bank". 1/24/08

INDICTMENT OF THE SYSTEM - MURDER CONVICT INNOCENT IN COLORADO - A smoke and mirrors case: some drawings, some knives in a 15 year olds' home. No physical evidence. Yet Judges and Jurors let an innocent man get convicted because they could not follow the law of Reasonable Doubt. Nine years later DNA shows somebody else did it. When will Judges and citizens get it: the founding fathers set up our Criminal Justice System to protect the innocent! But it requires good people willing to follow the LAW, not play to the Nancy Grace type hyped up lynch mobs! SEE - LaCDL President Elton Ritchey in the Shreveport Times OP ED noting the same thing is happening in Louisiana as we waste money on huge jail populations and the Appellate Courts make "all jail all the time" the law of the land. 1/ 22/ 2008

MICROSOFT APPLIES FOR MOOD MONITORING SOFTWARE PATENT - A new program would monitor people's facial expressions, vitals. Pitched for employee supervision, adaptable to: interrogations? bank teller windows? hospitals? live witnesses under oath? 1/ 18 /08

LA HIGH COURT TAKES ROAD LESS LENIENT - Holds that each picture in a 17 count indictment is a separate crime and affirms consecutive sentencing for each separate photograph. Court doesn't like "unit of prosecution" and instead frames issue as "convictions" and "counts". Rationale of more jail time is better prevails again. Court finds that the goal is protection of "individual children" and so approves separate punishment for each count. (it seems obvious that all criminal statutes seek to protect individual victims, not groups, so the rationale does not seem to explain the decision, except that our Court considers incarceration to be an excellent solution, and interprets the Legislative Will as embracing incarceration as broadly and deeply as the language of the statutes might be read to embrace) 14:81.1(A)(3) State v Fussell 1 /17/08

DOES FIFTH AMENDMENT PROTECT PC PASSWORDS? - Federal case of first impression: can the government force you to type a password to open your computer files in a kiddie porn case? Isn't that "self incrimination"? For years the government fought against open use of encryption software: now that its on the market some of it can't be "broken", and the Courts are being asked to force suspects to give up the passwords. 1 / 16 /08

"YOU ARE NOT TO READ OR GOOGLE ANYTHING" - Jurors seen as using internet help for d'hors the record information during trials. Oregon report shows mistrial resulted when Judge found outside research going on. 1/ 14/08

SEAFOOD PLATTER WELCOMES WRONGFULLY CONVICTED MANY DEFENDANT - Rickey Johnson is shown in the Shreveport Times after DNA proved he was innocent in a Many, La. rape conviction. His first seafood in 20 years, in case you were wondering . . . . the multiple wrongful convictions in Louisiana seem to have caused absolutely no concern in the public, the leadership of the State, and particularly for Governor Jindal. 1/ 14/ 08

LIGHTS GOING OUT IN GEORGIA - PD FIRED FOR QUOTING "N-WORD" IN STORY ABOUT RACISM! So this county PD is talking to staff about how a Judge made reference to African Americans using the "n-word", and now he's suspended pending firing because of THAT!! This is absurd! Form over substance! We can no longer utter the sound of a particular WORD, even to illustrate how despicable RACISM is? Georgia is plunging into the dark ages. It is irrational to sanction the mere utterance of a sound, without regard to how it is used: so we can't make a complaint any longer because we can't quote the utterance? 1/ 09 /08

CERT GRANTED IN KENNEDY - LOUISIANA TO MAKE HISTORY AGAIN! CAP ANNOUNCES SCOTUS HAS ALREADY GRANTED CERT AND WILL CONSIDER DEATH FOR CHILD RAPE. No matter what, Louisiana will once again be in the history books, trying to squirm against the tide, pushing the Death Penalty in an era when most would see that it is ineffective, outmoded and wasteful. The small shot they have at the U.S. Supreme Court going along with Louisiana is no consolation for the point that whether the statute is upheld or not, we are looking like the old southern state we have been for so long. We may look even worse if SCOTUS takes the likely approach of reversing based on precedent and modern concepts of justice, as we'll be the center of a new Capital Punishment donnybrook. But maybe not! Look for a relatively quick ruling this term. We're proud of our TRUSTEE OF FREEDOM PICOU on this one! Death for less than a homicide: its not your father's death penalty! 1/ 04 /07

FRESH START FOR STATE - Fourth Circuit ruling AFFIRMED BY WRIT DENIAL FROM LA SCT in State JAVARDES J. BRAZILE, 2007-1611, 960 So. 2d 333, *; 2007 La. App. LEXIS 1386, reversing Trial Court and holding that Katrina was a kind of "cause beyond control of the State under Article 579 of the Code of Criminal Procedure that all delays start over (interruption, not suspension) and there is a whole new calendar post Katrina. 1/ 07/08

WISCONSIN LETS IN DEATH LETTER - A Wisconsin Jury has heard a letter the alleged murder victim left with a neighbor before her death. The Jury heard the wife express fears of her husband's conduct, and urged it be given authorities if "something happens to me". How's this admissible? 1/ 07/08

NEVADA SUPREME COURT INTERVENES FOR PUBLIC DEFENDERS - Nevada's highest court orders changes in PD system, caseload limit studies, and essentially declares the system "broke", in many meanings of the term. 1/ 04 /07

CALVIN JOHNSON LEAVES TULANE & BROAD 31 YEARS LATER - Law Clerk, Judge and now retired one year early, Calvin Johnson loves New Orleans and Criminal Court. He was Louisiana's first black judge elected without prior appointment, but he says now he wants to live the practice of law again! The diverse and interesting career of Judge Johnson goes well beyond the public defender issue. 1/4/08

MISSOURI PDS HAVE NO IMMUNITY - Statutory interpretation of "official immunity" for "ministerial acts" concludes action against PD should not be dismissed pre-trial. Appeals Court Ruling under Missouri State Law - Costa v Allen WD63738. Latest in a trend opening the profession of Public Defender to liability suits. 1/ 4/ 2008

KENTUCKY PD GETS LETHAL INJECTION ISSUE TO SCOTUS - The AP calls Barron a "low paid" Public Defender, but praises his work on the lethal injection issue now set for argument at the U. S. Supreme Court. For more information and the core issues of this major case, set for argument January 7th, check this link to Cornell Law's summary. 1/ 02/ 08

INDIANA FINDS SEX OFFENDER REGISTRY UNCONSTITUTIONAL - In the mode of "more and bigger is better", some lawmakers have taken to making "sex offender registration" applicable to people not actually convicted, but none the less, thought to have committed, a sex offense. An Indiana Court says that's not right. 12/ 27/07

222 Lawyers Attend 18th Annual Crim Litigation Seminar “Louisiana Juvenile Defender Trial Practice Manual” published at the Lafayette Hilton & Towers, Louisiana's oldest CLE Seminar designed specifically for Public Defenders, since 1989. Including full annual credits, a Juvenile Track and a Capital Track. What We Considered

ABA LAWYER SALARIES REALITY CHECK - "$114,000 and $147,500 per year for those with up to three years of experience, . . . . $167,500 to $234,000 for those with more than 10 years of experience", and starting pay in big firms $112,000 to $137,000 . . . . Are we going to compete or just get by? Instead of fretting so much about "who is", lets focus on "how is", as in "how is Louisiana going to attract the best and brightest for Indigent defense"! ITS THE M-O-N-E-Y!! No wonder there's little national interest in State PD jobs: $80K? No way.

FIRST 'TRUSTEE OF FREEDOM' STILL FIGHTING -

LaPDA's first "Trustee of Freedom", Jelpi Picou, continues a career in Public Defender work as the head of the Louisiana Capital Appellate Project. Jelpi won the first award given by the Public Defenders, back in the 1990s. This December 4th he helped argue Snyder vs Louisiana, a case invoking the Batson rule against racism in a Jefferson Parish Capital Case. True to Louisiana's deep rooted racism and savage disrespect for life, Jefferson formerly used a "biggest prick award" to recognize Assistant D.A.'s who got a death sentence (for somebody else, of course). The link above takes you to the ABA Journal for December 2007, in which Jelpi's preparation for argument is highlighted, along with the shabby conduct in death penalty litigation by the State. 12/12/07 Jefferson Parish DA's have a colorful history, including offensive "Noose Ties" given in recognition of Death Verdicts in the past. 12/ 14/07

GHOSTS OF NIXON'S PAST - Destruction of CIA Torture Tape was given the legal review at the White House. This time its no "gap", but a deep sixing of a water boarding video tape. Obstruction of Justice? Now we remember: lots of these guys were in the Nixon Administration: Rumsfeld; Cheney . . . 12/ 21/07

BEG YOUR PARDON! BLANCO REJECTS BOARD - Louisiana Pardon Board votes to suggest pardon for Second Degree Murder: Blanco turns it down in Baton Rouge homicide from 1991. 12/21/07

THE LAST OF ROYALTY - Federal Judge considered for impeachment in Louisiana. Crimes and misdemeanors? The lifetime status of Federal Judges renders them the last remaining royal class in American Law. When that was adopted, the founding fathers were thinking of shorter lifetimes. Now it may be seen as a form of immunity, even in cases seemingly rife with facts of abuse of office. There is nothing comparable to having a Constitutional Right to your job, for life. 12/ 21/07

GETTING THE KIDS TO SLEEP CHRISTMAS EVE - STATE BOARD VIDEO! - Trouble getting the kiddies down over the holidays? Check out the VIDEO of our State Board! Its all there, the correction of the minutes, the sweeping policy pronouncements, in living color. (Christine Lehmann appears for funds on conflict panel 10/23/07 meeting) 12/20/07

GEORGIA STATEWIDE DEFENDERS

CRASH, BURN - Lessons for the Public Defenders: one case, one bone-headed budget boondoggle, and you can find your self riding a Hindenburg type scenario: we must be careful balancing our zeal and ideologies with practical understanding of what is best for the clients and what works. The Statewide mode is "kaput" 12/14/07

FIFTH CIRCUIT FIRM ON GUIDELINES - Not mandatory? Check out U.S. v Cotton, in which the 5th Circuit reverses a downward departure because the Trial Court considered "impermissible factors", meaning things the Sentencing Commission thought were immaterial. The case is remanded with the practical effect being that in the 5th Circuit, the "presumption of reasonableness" of a Guidelines Sentence also has a mirror image. If the sentence is not in the Guidelines, the 5th Circuit presumes it is unreasonable. By requiring District Judges to follow the rationale of the Commission, the 5th Circuit renders the Guidelines mandatory. (Sentencing ruling circa p. 31) 12/ 20/07

COOK COUNTY DEFENDERS FILE SUIT - 105 page Petition includes a history and prayer for declarative relief. Recites problems that will seem familiar to La PDs. Could be first successful litigation ever. Complaint describes the program and its recent problems, achievements. County Executive calls it "ridiculous" and finds more money on date of filing. 12/ 14/ 07 (thanks to E. Greenlee)

LOUISIANA IMMIGRANT SONG STOPS - La. R.S. 14:100.13 preempted. LAP win closes the book on Louisiana Statute busting illegal immigrants. The Supreme Court has denied state writs in State v. Neri Lopez - the Fourth Circuit had ruled that the state had intruded too far into federal waters when it prosecuted persons for not carrying immigration documents while traveling through Louisiana - a felony prosecution - and then notified INS of doubtful status and the felony conviction - usually resulting in deportation. Three dissents ... Victory, Traylor and Knoll. 12/11/07 (K.Franks, Jim Looney)

LAFAYETTE PARISH JAIL TURNING AWAY INMATES - Jails are busting out all over, and Louisiana is going bust from putting so many in jail ! Lafayette in South Louisiana is just the latest indication that the all hail jail formula applied by politicians is breaking the back of government. 12/ 03/07

SUPREME COURT SAY 15:529 ALL COUNTS! - Sentencing ruling overrules 30 years of law and holds each of the charges can be enhanced in a multiple plea. Note to Governor Jindal: get ready to build thousands of prison beds! Louisiana wants to hold on to its #1 incarceration ranking! 11/ 27 /07

LOPEZ HOPES PD ACT 2007 WILL CUT 600 COUNT CASELOADS IN ST. LANDRY - Years ago, Ed Lopez was the only "no" vote on a "Task Force" that urged the 1993 Legislature to enact a State Central PD Program. Today Ed is hoping the new Public Defender Board will help St. Landry Public Defenders push down to a reasonable workload. 11/15/07

US FIRST CIR SAYS OVER GUIDELINES SENTENCE NEEDS NOTICE - First Circuit sides with continued use of 32(h) post Booker, to require notice of upward variance/ departures from recommended range. (at p.19 et seq) The Fifth Circuit applies it only to departures; Ed. 11/15/07

CADDO - DEATH FOR CHILD RAPIST -

- BEARDS ABOUND Shreveport is on the child rape death train today after a Jury recommended Death for a man convicted of Aggravated Rape of a 5 year old child. You wonder about his bearded appearance in news photographs, until you see the DA sporting a stubby growth. Not surprisingly, juries are happy to kill child rapists. 12/ 13/ 07

LOUISIANA CASE LIMITS FEDERAL GUN CRIME DEFINITION - Watson v. United States unanimously refused to broaden the impact of a law that adds extra prison time to the sentences of drug traffickers who use a gun in carrying out their crimes. The Court overturned the gun-related conviction of Michael A. Watson of Ascension Parish, La. The issue in the case was whether receiving a gun in exchange for drugs constitutes "use" of the gun under federal law. In a 9-0 decision, the Court said the anti-crime provision does not apply to traffickers who trade drugs for guns. The Court found that a person does not use a firearm under federal law when he receives it in trade for drugs. 12/11/07

BELL TAKES TIME SERVED, JUVENILE DISPOSITION - Mychal Bell took a Juvenile disposition concurrent to his revocation on a prior juvenile case, and is eligible for house arrest type supervision. This means a confidential record, and one that is not a "criminal conviction" under Louisiana Law. Great outcome for one of the Jena 6. 12/4/07

CNN HAS A.G. REPORT ON POU CASE - Ever wonder why the defense gets so much crap about not getting "police reports"? How about a rule that gives us "CNN LEVEL ACCESS". The news folks have the complete report on the Katrina related hospital deaths that the Orleans Grand Jury NO TRUE BILLED.

REFORM BLOG - Governor Jindal makes excellent choice in supporting Joel Chaisson for Senate President. 11/13/07 District Database shows tens of thousands of cases - but some PDs are not filing reports. 11/21/07

LAURIE WHITE WINS - You can't find the news anywhere on the internet, but numbers from the Secretary of State confirm that Laurie White won the Criminal Court seat she was running for. 11/20/07 (Jim Looney)

Jim Looney also notes that JIMBO STEVENS, former Public Defender, has also won a Judgeship in the 5th JDC:
District Judge, 5th Judicial District Court, Division B

80 of 80 precincts reporting

4,472 37% James W. "Jim" Berry, R -

7,696 63% James M. "Jimbo" Stephens, R - [We note Jimbo's Republican credentials. Well, we got our bill passed by a Republican author, so who's to say the GOP can't have some PDs as members? Here's hoping some of that PD experience sticks!] 11/21/07

REPORT SUGGESTS "LOCK UP THE KIDS" FAILURE - No big surprise to Crim Justice Pros, the penchant in the America to lock up, including kids, is proving to be particularly worthless in the case of youth. 12/ 03/07

FLORIDA KILLING STOPPED - America, we now have a moratorium. Pending issue on lethal injections has halted all executions in USA. 11/16/07

LEAD POISON: FBI's BOGUS SCIENCE ON SLUGS NOT BEING REVIEWED IN OLD CASES - The FBI knows now that its effort to chemically type lead slugs by metal characteristics is "bad science". But the Washington Post and 60 Minutes say nobody's telling people locked up by the junk science. 11/19/07

DEFENDANT CONVICTED OF INTIMIDATION OF WITNESS WITH CELL PHONE - Massachusetts Court of Appeals has ruled that a Defendant's use of a cell phone camera to either take pictures or "fake" taking pictures was conduct definable as "intimidation of a witness". 11/ 21/07

JORDAN JUDGMENT TO BE PAID - State, Local Governments and others will bail out D.A.'s office in N. O. 11/20

BAD BREATH - NEW DWI MACHINE ENDORSED IN NEW JERSEY - A new "digital" breath test machine has been endorsed by a special master for the New Jersey Supreme Court. Is the "Breathalyzer" ready to draw its last breath? 11/15/07

SENTENCING COMMISSION MAY CRACK OPEN PRISONS - There could be 20,000 released early as the US Sentencing Commission considers making lower sentences for crack formed cocaine retroactively. 11/13/07

SUPREME COURT OK'S DOUBLE MULTIPLE SENTENCE ENHANCEMENTS - State v Monolo Baker holds that the DA can impose 15:529 on offenses that include an inherent sentencing enhancement. Reversing long-standing precedent, and endorsing as much jail as possible. 10/23/07 (Annette Roach)

SEX OFFENDER OVERKILL: LAW ENFORCEMENT HAMPERED - The Scarlet Letter returns. The Sex Offender "registration" has exploded into orange DLs (La) and living restrictions in several states. Law enforcement says it is frustrating capacity to track offenders by draconian provisions. 11/01/07

OPEN SEASON ON PRIVATE BAR - Hunter to draft private lawyers for his Section of Criminal Court starting Monday in New Orleans. No Trick, No Treat. 10/27/07

LIVELY LIVES, COLWART THANKS BOURKE - One example of why the Louisiana Capital Assistance Center Director Richard Bourke is being recognized at LACDL's Tate Dinner November 30th. Iberia Jury deadlocks, holdout spares child killer in Iberia Parish. 10/25/07

ROTTEN SNITCH BUSTED: FORMER FBI AGENT WINS - Hello US DOJ? Are you out there? One would hope there might be some consideration of the "Snitches Gone Wild" Federal Criminal Justice System in the wake of a former agent being charged in a murder conspiracy until the government snitch is outed as a lying piece of garbage!! What if there weren't tapes proving her lies? 11/2/2007

MONDAY RAINS SHUT COURTS - WWL reports up to 10" of rain could drench SE La. Courts closed at 3pm due to street flooding and up to 8" had fallen by late Monday 10/23/07

LET GO MY BRILLO - Takedown and patdown search of lawyer in Lafourche ruled Unconstitutional by Louisiana Supreme Court. Yes. Louisiana Supreme Court. Subject had two scrub pads in pants pocket: crack or scouring question not to get to court as evidence suppressed!. 10/17/07

LIFE FOR JUVENILES? - NYT report highlights how U.S. is the only country that will lock up a 14 year old for a Life Sentence. (J. Looney) 10/17/07

NEW YORK DEFENDER STUDY: FAILURE - "State fulfillment of its constitutionally-mandated obligation to provide poor defendants with fair and effective representation in criminal trials is little more than a promise in upstate Franklin County." NLADA "Justice Impaired . . . " October 2007 10/17/07

COURTHOUSE SHOOTING TURNS INTO CASE OF CENTURY - What do you do with a case involving multiple shootings in open court? Apparently you don't just charge Capital Murder: you ratchet up the prosecution so that its "more than a murder", and maybe bring down the "State Public Defender" of Georgia while you're at it. 10/9/07

LOS ANGELES S.O. ARREST GAMES - nobody seems to like the idea of "bust contests" floated in L.A., including Public Defender Michael Judge. 10/04/07

CLIVE SNARED IN THONG? - The former Louisiana Missionary was accused by US Military of smuggling "under armor" and "thong" underwear to GITMO. Clive says its "absurd". Allegations on torture include claims of female interrogators taunting detainees in their own scanty thongs. 10/01/07

BELL WALKS OUT "ON BOND" - Release of Jena 1 follows commitment to Juvenile Court. 9/ 28/2007

MAYFIELD BUSTS PATRIOT ACT - Federal Court finds suspension of rules on Search and Seizure Unconstitutional. 9/26/07

BLANCO GETS REED TO BLINK, OH - Happy day? Governor says Reed agrees not to appeal 3rd Circuit ruling and to handle Bell et al in Juvenile Court. Seems to more than satisfy national leaders. That way its not 20 years, but just 4 or 5! Will the Judge now release him ? Or it just a name change and sentencing cap for Bell? Why this is not so good. 9/27/07

REED IN WIND - JENA D.A. Walter Reed writes op-ed for NY Times. He can't really explain "Attempted Second Degree Murder", but apparently he is comfortable publishing details of a Juvenile Case . . . . aren't those records "sealed"?. . . quite a tepid defense, which boils down to "a kid was knocked out and so these kids lives are over because that's the right thing to do, and the nooses were not a crime under Louisiana Law. We suggest that 14:40 might have easily been stretched (Terrorizing) as might have 14:122.1 "Public Intimidation in Operation of Schools", had Mr. Walters been as vigorous with whites as he is in charging blacks with "Attempted Murder". His piece is sorely lacking in any support for seeking 50 years hard labor, refusing bail to Bell, or anything else. 9/26/ 07 Of course, the DA is also Counsel for the School Board, so maybe he was "in loco principalis" rather than mere prosecutor. He had investigated the incident for the School Board!

DOJ WANTS PLEA DEALS SEALED - Sunshine's not good for mushrooms or plea bargains. They grow best in the dark with kind of "organic" soil, if you know what we mean! 9/24 /07

EDDIE'S NOT READY - FORMER ADA STRIKES - Aside from his reticence to prosecute cops (which seems somewhat biased), this former ADA makes an interesting argument about the failure of Criminal Justice in Orleans Parish. 9/24/07

OP ED SOUTH CAROLINA - only the names need be changed and this story is congruent with Louisiana. Odd coincidence? Larger forces at work? 9/19/07

NPR PRAISE FOR LOUISIANA, MARTINY - Nice audio piece on Louisiana Reform by National Public Radio. Pam Metzger says we all got along. 9/14/07

ACCD EXAMINES WORKLOAD NUMBERS - The August ACCD meeting produced a comprehensive report on what should be a given: you can't dump infinite numbers on counsel and meet the requirements of the Constitution. 9/12/ 07

PHONE TAPING TESTED IN TEXAS - Why is it OK to record inmate calls, when Federal Law says its illegal wiretapping? What use can law enforcement make of recorded calls? 9/14/ 07

WHINING INMATES HITTING MINE FIELDS - The old paradigm of the Gideon type hero who writes his way out of prison is not serving our clients very well. In Louisiana, the Appellate Courts can correct "an illegally lenient sentence". But they can also read about an inmate and have an idea about nailing him for LIFE! Perhaps we need to explain things to our clients about the new rules in Criminal Justice? 9/14/07

POX ON KNOX - Knoxville PD having a fit turning away cases - other Crim Justice Players try to stop move out of Misdemeanor Court. Once again, Louisiana is not alone! 9/9/07

MOOT SUIT BOOT - The reasonable end by statute confirmed in motion to dismiss "former board" suit against Orleans Parish Judges. 9/ 10 /07

SIT DOWN AND SHUT UP - D C Defender locked up a bit after Judge finds her jaw wouldn't lock. Interesting post on ABA regarding "order in the court". 9/07/07

LAST STRAW - NOT GUILTY! NURSING HOME OWNERS FREE! - Finding fault amidst disaster, the apparent last straw in the straw man of blameworthy criminals created in the mind of the AG's office came back NOT GUILTY TODAY. 9/7/07

WOODY FOR DEFENDANTS WITHOUT LAWYERS - Criminal Defense Lawyers say Judge Woody Densen is violating the law by locking people up because they come to court without a lawyer. 9/7/07

FEDERAL COURT FINDS LOUISIANA APPELLATE STANDARD ON HARMLESS ERROR HARMFUL - A Federal PCR claim has been granted, finding that Louisiana Courts did not apply a proper harmless error test to Constitutional error and therefore the denial of a right to cross examine the linchpin state witness was reversible error. 9/4/07

BUNTON HOME RUN: J.R.S. NAMES HIM DIRECTOR Down in New Orleans, Juvenile Justice Advocate and practitioner Derwyn Bunton is now Executive Director of Juvenile Regional Services, which handles Juvenile Defense for OPD (to rave reviews from the Juvenile Court there). Derwyn has worked with LaPDA over the last several years on production of Juvenile Defender Training at the annual CLE in Lafayette, from his post at JJPL. 8/24/07

JUDGE SHOULD BE PUNISHED FOR JAILING PD WHO REFUSED TO TRY CASE - Ironically placing the story of a PD jailed for not going to trial on a Misdemeanor on a moments notice, the ABA On line journal juxtaposes the story with a note that some lawyers bill $1,000 an hour!! A Judge who punishes a lawyer for insisting on time and resources to represent should be punished. 8/24 Follow up - DEFENDER FINED ON HEARING 8/30

DISASTER OR CRIME? NURSING HOME CRIMINAL TRIAL - The State rested on the 2nd anniversary of the Katrina Flood in the trial of two nursing home owners on Negligent Homicide charges. The ironically named "St Rita's" was not evacuated. 8 /30

"I CAN'T HEAR YOU!" COURT RE-RECORDS GUILTY PLEA IN GILLIS CASE Second Degree Murder plea for accused Serial Killer re-done after Court review shows "bad tape". 18th JDC Judge Robert Free recalls case day after original plea. Did the Trial Court have Jurisdiction to do so once Gillis had been sentenced? 8/23/07

"BISHOP OF ANGOLA" PARDONED, FREED - Grant Parish convict Eugene Tanniehill pardoned by Blanco, preached his way out of Life Sentence. 8/17/07

Frazier pleads to LIFE SENTENCE after jury selected. In a case involving two counts of Attempted 1st degree murder on two child victims and murder of a mother and two other children. Rapides Parish. Chief Defender Ken Rodenbeck with Joe Kutch. The actual sentence is three concurrent Life Terms, 2 consecutive 50 year terms on the Attempts. 8/16/07

GONZALES MAY SPEED EXECUTIONS - New DOJ regs may allow US Attorney General to shorten delays for death row inmates' PCR. 8/14/07

21ST JD PUBLIC DEFENDER SUES CITY FOR FUNDS - Reggie McIntyre's office says population compels Walker to use PD Office, collect $35 per case for funding PD Office. 8/10/07

AVOYELLES SHERIFF CHARGED - Jailhouse pay phones lead to Federal Indictment of Bell. ( from Ed Greenlee/ ACCD) 8/8/07

THAT OLD TIME BOOK BANNING - BOP sued over banning of "certain" religious works from prison libraries for fear of "radicalizing" inmates. 8/08

MURDERING TO SELL - "Weddings of the Dead" spur a most bizarre homicide motive. THE ECONOMIST 8/8

ACTUAL MALICE - Moran Op Ed in NYT suggests wrongful convictions often fueled by willful, malicious misconduct. 8/02 (H Walker)

BAD NEWZ STIPULATION - NFL (not for long) Quarterback Michael Vick meets the "plea bargain" of his former buddy, and finds the Kennel business was aptly named. Federal Defenders can see the train wreck heading his way. The Smoking Gun. 7/ 30/07

ABA FIGHTS DOJ RULES ON PLEA BARGAIN PRIVILEGE WAIVERS - Consistent with other Bush Administration policies, the DOJ move to force waiver of attorney/ client privilege in plea deals with corporations is opposed by the ABA. 7/30

NINTH CIRCUIT - EVIDENCE OF SIMILAR ROBBER SHOULD HAVE BEEN PROVIDED - Defendant's Brady Rights violated when US failed to provide information on similar robbery by positively identified other person. Defense claimed mis-identification but did not have advantage of evidence that "some other dude did it". 7/20

JETSON-TROUBLE FROM TROUBLED YOUTH - Recent violent incidents at the Baker, La. lockup, "Jetson", raise questions about OYD programs. There is clearly still a lot of work to do in Juvenile Justice. 7/16/07

DEATH ROW FOOTAGE ON BATON ROUGE TV - Warden publishes inmate complaint, grants media access to closed circuit surveillance, berates Derek Todd Lee. Victims mother called on for 'reaction'. Grandstanding? 7/16/07

IT GRANTS CLEAR LEGISLATURE - Ed Greenlee and the LIDAB office scrambled to get detailed needs documented so that a one million dollar IT grant would be issued to Louisiana Defenders for Information Tech. 7/13/ 07

JORDAN'S OFFICE TO GET CLUB REVIEW - Never mind the Foti investigation. Foti and Jordan met and the N.O. D.A announced his "Violent Crime Task Force", which actually dates back to March, and a National DA Association "investigation" of his office. 7/15

DEATH PENALTY IN CHINA FOR FOOD SAFETY - Which right wing nut here is going to say "attaboy" for China's execution of a Food and Drug administrator? 7/ 10 / 07

FOTI TO "INVESTIGATE" JORDAN - We remember a short stir when the AG was going to investigate the Public Defenders - followed by a dull thud with nothing happening. Now Foti can go in and "attaboy" Eddie and stock up on political capital. There is no statutory authority for the AG to do this, so it will be a cooperative thing. Illusory. 7 / 13 / 07

ORLEANS PARISH PROSECUTOR HELD IN CONTEMPT - No, Singer is has not become an ADA! Turns out the prosecution in Orleans is about as screwed up as anything else: DA shows up and is not ready. Of course, the Code says the DA has the determination of when, who to prosecute. But in Orleans Parish the Judges believe they have total control: so an ADA has to Thursday to get a contempt sanction lifted. And we thought it was just the PDs! 6/ 27/07 Two days later the Court vacated the order and re-set the case for trial. 6/ 28

ET TOU, MR. Prosecutor - Righteous Indignation Hypocritical - The D.A. who was so outraged and ranted about "special treatment" for Paris Hilton apparently didn't mind when he and his own were the special ones! Reports are not only that D.A., but his wife, got kid glove care from the Court for similar offenses! 6/ 26/07

SUPREME COURT FAULTS THIRD CIRCUIT COUNTERMAN VIEW - In a 6 to 1 Writ, the Court vacates a Third Circuit ruling that an "out of time appeal" could not be granted absent a formal Post Conviction Application prepared and filed on official forms. Dismissal "would only prolong the delay without serving any useful purpose." Defendant had argued there is no "PCR Form", and that in any event a remand after briefing was a waste of time. 6/ 26/ 2007

MISSOURI KILLS GRIFFIN - Latest in Gilmore Parade subject of post mortem inquiry: was he innocent? But more ironic, he was the brother of a victim of the decedent: a dr

21,972	44%	Juana Marine Lombard, D	-
28,333	56%	Laurie White, D	-