Strange Doctrines

The FPD’s TGIF Roundup

(X-posted from the C.D. Cal. Federal Public Defender Blog.)

In This Edition:

News to Use | Top of the Ninth | Short Circuits | The Week in Sausage Making | For the Bookworms

The FPD’s TGIF Roundup

(X-posted from the C.D. Cal. Federal Public Defender Blog.)

In This Edition:

News to Use | New Rules | Top of the Ninth | Short Circuits | For the Bookworms

The FPD’s TGIF Roundup

(X-posted from the C.D. Cal. Federal Public Defender Blog.)

In This Edition:

News to Use | New Rules | Top of the Ninth | SCOTUS Focus | Short Circuits | For the Bookworms

The FPD’s Roundup

(X-posted from the C.D. Cal. Federal Public Defender Blog.)

In This Edition:

News to Use | Top of the Ninth | SCOTUS Focus | Short Circuits | The Week in Sausage Making | For the Bookworms

Self-Promotion Blogging

I’m in the country-rock band Crossroad County. Heard of us? Of course not. If you had, I wouldn’t need to post this.

The point being, you should be hearing about us. More importantly, you should like us, follow us, friend us, add us, tweet us, digg us, or whatever. Shows start tonight. Details at our official facebook page.

Here are the obligatory quotations:

“Staggering.”
—Strange Doctrines blog

“Crossroad County will change the way you think about the country rock cover bands. And about the world.”
—Unidentified member of Crossroad County

“A band of inexplicable, underappreciated genius.”
—Someone talking about the Flying Burrito Brothers

“[L]ike looking into the face of God and seeing Him smiling back and saying, ‘You are my most wondrous creation.’”
—James Lipton, on the work of Charles Nelson Reilly

“Meaning is what essence becomes when it is divorced from the object of reference and wedded to the word.”
—W.V.O. Quine 

The FPD’s TGIF Roundup

(X-posted from the C.D. Cal. Federal Public Defender Blog.)

In This Edition:

News to Use | Top of the Ninth | SCOTUS Focus | Short Circuits |The Week in Sausage Making | For the Bookworms

The FPD’s TGIF Roundup

(X-posted from the C.D. Cal. Federal Public Defender Blog.)

In This Edition:

News to Use | New Rules | Top of the Ninth |Short Circuits |For the Bookworms

News to Use.

• Budget Cuts: The Devastating Impact on Indigent Federal Criminal Defense (Office of Defender Services webpage collecting news items and other information)
• DOJ Wants to Add Attorneys in 2014 (The Blog of Legal Times)
• To Report or Not to Report, That is the Question (Carl Gunn)
• Federal data and costs of incarceration for child porn offenses (Sentencing Law and Policy)
• Risk screening worthless with juvenile sex offenders, study finds (Karen Franklin)
• Study links childhood trauma and adult aggression (Karen Franklin)
• Administrative Judge Reverses Suspension of Stevens Prosecutors (White Collar Crime Prof Blog)
• Google fights FBI's warrantless data requests in federal court (CNET.com, via Fourth Amendment.com)

New Rules. The Sentencing Commission voted to promulgate new guideline amendments. Of particular note, §3E1.1 as amended would provide that the government should not withhold the third point to induce an appeal waiver. Barring congressional action, the amendments will take effect November 1.

Top of the Ninth - 9th Cir. decisions released during the week.

• U.S. v. Yuman-Hernandez (to establish lack of predisposition for finding of sentencing entrapment in fictitious stash house robbery, defendant need only show lack of intent or of capability to deal in quantity of drugs charged). More on the case from California Appellate Report (via Simple Justice). UPDATE (4.15.13): Ninth Circuit Blog's analysis here.
• Edgerly v. City & County of San Francisco (civil) (police in California may not take someone into custody based on mere infraction).

Short Circuits.

• U.S. v. Dapolito (1st Cir.) (police failure to find defendant's name wasn't reasonable suspicion that we was wanted fugitive). (H/T)
• U.S. v. Baird (1st Cir.) (defendant in 922(j) case who accepted neighbor's offer to sell him gun then returned it two days later was entitled to innocent possession instruction). (H/T)
• U.S. v. Demmitt (5th Cir.) (testimony by government witness that he had sworn to factual resume in his own plea was inadmissible hearsay and not on-the-stand admission that they were true statements). (H/T)
• U.S. v. Logan (8th Cir.) (defendant's crack-cocaine sentence as subsequently lowered on government's Rule 35(b) motion was "based on" higher range specified in (c)(1)(C) agreement, and because Rule 35(b) motion was like substantial assistance motion, defendant was now eligible under §3582(c)(2) for reduction to sentence below statutory minimum). (H/T)

For the Bookworms - New books and scholarly articles of note.

• "Dirty Silver Platters," Wayne A. Logan, Ia. L. Rev. (SSRN) (takes a comprehensive look at improper working arrangements, and sets out "a reinvigorated framework to smoke out forum government agent involvement").
• "Toward a Right to Litigate Ineffective Assistance of Counsel," Ty Alper, Wash. & Lee L. Rev. (SSRN).
• "Vulnerability and Just Desert: A Theory of Sentencing and Mental Illness," E. Lea Johnston, J. Crim. L. & Criminology (SSRN).
• "Retribution and Revenge in the Context of Capital Punishment," Robert F. Schopp, working paper (SSRN).
• Note - "On the Invalidation of Terms in Contracts of Adhesion," Andrew Tutt, Yale J. Regulation (SSRN) (argues that terms that place risk of loss on costlier cost-avoider or that grant to one party an option to impose nonreciprocal costs on the other should be invalidated).
• "Terrorism and Associations," Ashutosh Avinash Bhagwat, Emory L.J. (SSRN) (identifies and analyzes First Amendment issues raised by the domestic War on Terror).
• "Notes on a Terrorism Trial - Preventive Prosecution, 'Material Support' and the Role of the Judge after United States v. Mehanna," George D. Brown, 4 Harv. Nat'l Sec'y J. 1 (2013) (SSRN) (looks at the preventive-prosecution aspects of the case, and at the challenges the court encountered in applying Holder v. Humanitarian Law Project to terrorism-related speech).
• "Race and the Disappointing Right to Counsel," 122 Yale L. Rev. ___ (SSRN) (argues that Gideon may have exacerbated racial disparities in prison).
• Confessions of Guilt: From Torture to Miranda and Beyond, George C. Thomas III & Richard A. Leo (2012) (Amazon) (excerpts available at SSRN).

 

___________________
Suggestions or corrections? Email Michael Drake.

 

The FPD’s TGIF Roundup

(X-posted from the C.D. Cal. Federal Public Defender Blog.)

In This Edition:

News to Use | Top of the Ninth | SCOTUS Focus | Short Circuits |For the Bookworms

The FPD's TGIF* Roundup

In This Edition (week of March 29):

News to Use | Top of the Ninth | SCOTUS Focus | Short Circuits |For the Bookworms

The FPD's TGIF* Roundup

Administrative Note: The next edition of the Roundup will post on April 1. (No foolin'.) Cross-posted from the C.D. Cal. Federal Public Defender Blog.

In This Edition (for the week of March 22):

News to Use | Top of the Ninth | SCOTUS Focus | Short Circuits |The Week in Sausage Making | For the Bookworms

The FPD’s TGIF Roundup

(X-posted from the C.D. Cal. Federal Public Defender Blog.)

In This Edition:

News to Use | Top of the Ninth | Short Circuits | The Week in Sausage Making | For the Bookworms

The FPD's TGIF Roundup

In This Edition:

News to Use | Top of the Ninth | Short Circuits | The Week in Sausage Making | For the Bookworms

The FPD’s TGIF Roundup

(X-posted from the C.D. Cal. Federal Public Defender Blog.)

In This Edition:

News to Use | Top of the Ninth | SCOTUS Focus | Short Circuits | For the Bookworms

The FPD’s TGIF Roundup—Fortnight Edition

(X-posted from the C.D. Cal. Federal Public Defender Blog.)

In This Edition:

News to Use | Top of the Ninth | SCOTUS Focus | Short Circuits | The Week in Sausage Making | For the Bookworms

The FPD’s TGIF Roundup

(X-posted from the C.D. Cal. Federal Public Defender Blog.)

In This Edition:

News to Use | New Rules | Top of the Ninth | Short Circuits | The Week in Sausage Making | For the Bookworms

The FPD's TGIF Roundup—Fortnightly Catch-Up Edition

(X-posted from the C.D. Cal. Federal Public Defender Blog.)

In This Edition:

News to Use | Top of the Ninth | SCOTUS Focus | Short Circuits | The Week in Sausage Making | For the Bookworms

For the weeks of January 25 and February 1.

The FPD's TGIF Roundup

(Cross-posted from the C.D. Cal. Federal Public Defender Blog.)

In This Edition:

News to Use | Top of the Ninth | SCOTUS Focus | Short Circuits | For the Bookworms

The FPD's TGIF Roundup

(X-posted from the C.D. Cal. Federal Public Defender Blog.)

In This Edition (to use bookmarks, first click blog post title):

News to Use | Top of the Ninth | SCOTUS Focus | Short Circuits | For the Bookworms

The FPD’s TGIF Roundup—Post-Holiday-Nonblogging Catching-Up New Year Edition

(X-posted from the C.D. Cal. Federal Public Defender Blog.)

In This Edition (to use bookmarks, first click blog post title):

News to Use | New Rules | Top of the Ninth | SCOTUS Focus | Short Circuits |  The Week in Sausage Making | For the Bookworms

The FPD's TGIF Roundup - End-of-the-Year Holiday Edition. Now with no added features whatsoever.

(X-posted from the C.D. Cal. Federal Public Defender Blog.)

In This Edition (to use bookmarks, first click blog post title):

News to Use | New Rules | Top of the Ninth | Short Circuits | And the Nominees Are | The Week in Sausage Making | For the Bookworms