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Criminal Defense News 10/2016



FBI director James Comey testifies on Capitol Hill, September 28, 2016. (Reuters photo: Joshua Roberts)
They included her primary lawyers from Williams & Connolly, among the finest criminal-defense attorneys in the country. Since she had plenty of top-notch representation, she certainly did not need Cheryl Mills as a lawyer. Besides, Ms. Mills does not ...

New drug part in Supreme Court will help 'attack the suppliers,' says D.A.
Several criminal defense lawyers said the new part makes sense provided treatment is an option. "If it's merely just a part to give people jail sentences who are charged with drug offenses, I don't see the need for that," said Mark Geisser. "But if ...

Some Louisiana indigent defendants get lawyers who can't be much help
After Caddo Parish provided a 3-hour crash course at its courthouse called "Do's and Don't's of Providing Effective Assistance," Henry Walker, a Shreveport attorney who's a former president of the Louisiana criminal defense bar, said, "They just ...

Ortiz-Legg has 2, not 1, criminal convictions
Assembly District 35 candidate Dawn Ortiz-Legg has been arrested and convicted twice, San Luis Obispo County Superior Court records show. Ortiz-Legg, who has attacked her opponent Jordan Cunningham for his criminal defense work, has opted to ...

A Defense of Shared Humanity: Criminal Justice and National Security
I write about what I know, which explains why my columns so often concern either the criminal justice system or the national security state. That's where I have spent my entire career—first as a criminal defense investigator, later as a capital ...

RNC Attacks Tim Kaine For Being A Lawyer In 'Willie Horton' Style Ad
One day before the vice presidential debate, the Republican National Committee released an ad attacking Virginia Sen. Tim Kaine for his time as a criminal defense attorney. Today, the RNC tweeted a Roll Call story that compares the ad to the Willie ...

Criminal defense reform enters presidential candidates' policies
Criminal justice reform has been a key political issue this election cycle, and following Keith Scott's death at the hands of Charlotte police late last month, presidential candidates have re-focused the topic. During a visit to Charlotte on Sunday ...

No defense for state's ignorance
Most do so at unconscionably low levels that make a mockery of the notion of adequate criminal defense. In 2012, Luzerne County Public Defender Al Flora had had enough. Through the American Civil Liberties Union, he filed a lawsuit contending that the ...

Defense lawyers speak out against East Lake Safe Zone injunction
District Attorney General Neal Pinkston called several witnesses to the stand while the Chattanooga Area Criminal Defense Lawyers cross-examined them. Among them, was Chattanooga police chief Fred Fletcher, who agreed East Lake was an area that ...

Kathleen Johnson is ready to hold position of judge
Lawyers like Dudley Walton, Paul Geddes, Eldon Caley and others tried civil cases while we in the criminal defense bar filled in the cracks. However, the landscape has changed and it is now the criminal and dependency dockets that dominate, with drug ...

Judge rejects prosecution's bid to oust lawyer
After an intense three-hour hearing at which acclaimed criminal defense attorney Rob Eggert emphatically denied threatening a witness in jail, a Jefferson Circuit Court rejected the prosecution's motion to throw him off a case. “All of the things he ...

McIver's Lawyer Says 'No Criminal Aspect' to Shooting
Criminal defense attorney Stephen Maples, who was called to the hospital the night his friend Claud "Tex" McIver's wife, Diane McIver, died from a gunshot wound, said he expected no criminal charges to be filed against Tex McIver in what Maples said ...

Bill Cosby's Lawyers Try Again to Dismiss Charges in Criminal Sexual Assault Case
On Thursday, Brian McMonagle, one of Cosby's criminal defense lawyers, filed a motion in the Court of Common Pleas in Montgomery County, Pennsylvania, seeking to dismiss sexual assault charges against the comedian, arguing he has been “deprived of ...

In Court Ruling on Indigent Defense, Conflict Counsel See New Leverage
"The fact that the Luzerne decision came down supporting the notion that lawsuits can be filed, this kind of puts additional pressure on the court and the city to resolve this issue," said criminal defense attorney Mingo Stroeber, who has performed ...

In Court Ruling on Indigent Defense, Conflict Counsel See New Leverage
"The fact that the Luzerne decision came down supporting the notion that lawsuits can be filed, this kind of puts additional pressure on the court and the city to resolve this issue," said criminal defense attorney Mingo Stroeber, who has performed ...

Veteran Counsels for DEA and DOJ Join Diaz Reus
A member of the Florida bar since 1988, her practice will be focused on white collar criminal defense, internal corporate investigations, general civil litigation, civil and criminal forfeiture, money laundering, RICO, and dispute resolution. Diaz ...

Elizabeth Michelis and Benjamin Litman: An 8th Grade Flame, Relit
His mother, who worked in Manhattan, retired as the associate general counsel and the senior vice president at HSBC. His father, a founder and former president of the New York State Association of Criminal Defense Lawyers, was also the founding partner ...

Judicial endorsements for local circuit, probate courts
Matthew Evans, 58, is a veteran trial lawyer who wins high praise for his professionalism from prosecutors and judges as well as his criminal defense bar peers. Although he spent 15 years in business before returning to Michigan State University for ...

Mark Gonzalez, a nontraditional candidate
"It would be crazy for me, Mark Gonzalez, to be the elected DA," the criminal defense lawyer said as he sat in the ninth floor hallway of the Nueces County Courthouse in June. A "Mexican biker lawyer covered in tattoos," is how Gonzalez, 37, describes ...

Why 'Public Defender' Has Become An Oxymoron
Filing briefs in support of the the right to sue public defender offices was the ACLU of Pennsylvania, the U.S. Department of Justice, the American Bar Association, the National and Pennsylvania Associations of Criminal Defense Lawyers, and the ...

At what point does a racist juror undermine the legal system?
“I think this is going to require an extremely difficult line drawing,” says Scott Greenfield, a criminal defense lawyer in New York and managing editor of the Fault Lines legal blog. “What if one juror complains that another juror used the word ...

No Criminal Charges to be Filed Against Glenn Latham
In the letter, Smith said there is insufficient evidence to conclude Latham committed a criminal defense. Smith confirmed Latham was under investigation in September for "inappropriate touching" and that the investigation had been going on for almost ...

Todd Drexel attorney says wife didn't appear to have serious injury in case
Attorney Jason Hays, representing Todd Drexel, filed a motion in February for a bill of particulars, a maneuver that a criminal defense attorney can use to attempt to compel a prosecutor to provide more specific details that would support a criminal ...

Public defender's office in Hobbs unable to accept anymore clients
Antonio “Moe” Maestas, D-Albuquerque, who has worked as both a prosecutor and a criminal defense attorney, on Monday said the public defender is one of the most stressed agencies in all of state government. Maestas sponsored the 2012 constitutional ...

Kalamazoo County prosecutor faces former assistant prosecutor in re-election bid
Smith has worked as a partner at Willis Law, practicing criminal defense and juvenile law, since 2012. He worked as an assistant prosecutor from 2006 to 2012 and worked as a Children's Protective Services manager from 2000 to 2006 and CPS investigator ...

Voters to decide five contested judicial races in Ninth and ...
Voters to decide five contested judicial races in Ninth and ...

U.S. To Seek Criminal Contempt Charge Against Joe Arpaio
The case was assigned to a different judge after the recommendation. Arpaio's criminal defense attorney, Mel McDonald, said outside the courthouse that he was not surprised by the prosecutor's intentions. “I expected the government would want to ...

Local bar associations lobby for local appointment to open Federal judge seat
The presidents of the Waco-McLennan County Bar Association and the McLennan County Criminal Defense Lawyers Association each have written letters to the White House, U.S. Sen. John Cornyn and U.S. Sen. Ted Cruz and to Chief U.S. District Judge ...

Lawyers lobby for local appointment to Waco federal judge seat
The presidents of the Waco-McLennan County Bar Association and the McLennan County Criminal Defense Lawyers Association each have written letters to the White House, U.S. Sens. John Cornyn and Ted Cruz, and Chief U.S. District Judge Orlando ...

Don't attack lawyers who defend criminals: Column
The National Association of Criminal Defense Lawyers, which I currently serve as president, does not endorse or oppose any party or candidate for office. However, NACDL strongly condemns attacks by any party or candidate directed at any lawyer as a ...

Flint resident seeks grand jury probe of Michigan governor
The complaint alleges that Snyder's unilateral use of taxpayer money for his "criminal defense" is misconduct in office, a felony. It also accuses him of a misdemeanor violation of a law prohibiting the use of public funds for personal use without ...

Pennsylvania's Shame: The State's Criminal Justice System Is Broken
You get what you pay for when it comes to legal services, and Pennsylvania pays nothing at all—standing alone among the 50 states in its steadfast refusal to allocate any money in the state budget for indigent criminal defense. Instead, it is up to ...

Complaint says Gov. Snyder improperly hired legal defense team
“Simply put, the Governor has no legal authority to single-handedly approve public funds for his own private criminal defense,” says the complaint. Flint resident Kerri Webber filed the complaint. She says taxpayers should not have to foot the bill for ...

Snyder's "Unconscionable" Use of Millions in Taxpayer Money for Criminal Defense Fees Questioned
Snyder's "Unconscionable" Use of Millions in Taxpayer Money for Criminal Defense Fees Questioned. "I can't think of a clearer conflict of interest than the governor signing a contract to provide his own personal legal defense … without anybody ...

Grand jury nixes criminal charges in alleged love-triangle attack; lawsuit still pending
However, a grand jury recently declined to indict Eugenio, and the criminal charges were dismissed, said his criminal defense lawyer, Mario F. Gallucci. "It's a pleasure to see the legal system work," Gallucci said Wednesday. "This was nothing more ...

Snyder sued for using tax dollars for personal criminal defense in Flint water case
Michigan's Constitution, conflict of interest laws, state procurement laws and statutes defining the powers of the attorney general all prevent Snyder from single-handedly hiring private criminal defense attorneys on the taxpayers' dime, according to ...

DA candidates talk strategies at debate
Two criminal defense lawyers vying for the county's top prosecutor position said a strong working relationship with the defense bar is crucial to turning the wheels of justice. Republican James Gardner and Democrat Mark Gonzalez tried to persuade their ...

What you need to know about the criminal case against Sheriff Joe Arpaio
Arpaio's criminal defense attorney Mel McDonald said he was expecting DOJ lawyers would make a formal request to the judge in court filings if they wanted to pursue criminal charges, rather than simply announce it at Tuesday's hearing. “I was actually ...

Prominent Fresno attorney Tony Capozzi under criminal ...
Prominent Fresno attorney Tony Capozzi under criminal ...

Here's what you need to know about the criminal case against Sheriff Joe Arpaio
Arpaio's criminal defense attorney Mel McDonald said he was expecting DOJ lawyers would make a formal request to the judge in court filings if they wanted to pursue criminal charges, rather than simply announce it at Tuesday's hearing. “I was actually ...

Texas AG Looks Forward to Jury Trial in Criminal Securities Case
A well-known Houston-based criminal defense lawyer, Troy McKinney of Schneider and McKinney P.C. told the Houston Chronicle that while the federal judge's dismissal of the civil case does not guarantee an identical conclusion of the criminal case, the ...

Fresno Sheriff's Office remains mum on Capozzi's criminal probe
The Fresno County Sheriff's Office remained mum Thursday about its criminal investigation involving prominent Fresno criminal defense attorney Anthony “Tony” Capozzi. Meantime, Capozzi's attorney, Carl Faller, said Thursday that Capozzi plans to ...

Prominent New York Criminal Defense Attorney Comments on What to Do If the Police Want to Talk
New York, NY(Law Firm Newswire) October 14, 2016 – A situation that most people are unfamiliar with and unprepared for, a New York police detective wants to talk to them. According to a prominent New York criminal defense attorney, far too many people ...

Costs of Schuette Flint investigation hit $2.3 million
On Wednesday, Flint resident Keri Webber and attorney Mark Brewer, the former chairman of the Michigan Democratic Party, petitioned the Ingham County Circuit Court to appoint a one-judge grand jury to investigate Snyder charging his criminal defense ...

Flint resident sues Michigan Governor over legal defense financing
Reports have shown that he approved $2 million [ABC news report] in taxpayer money to pay for private criminal defense attorneys to combat criminal allegations concerning his involvement in the Flint water crisis. Snyder's office maintains [Detroit ...

For some criminal defendants, deportation is worse than prison
Kentucky, the court found that criminal defense lawyers must advise their clients about the deportation risks if pleading guilty. Vazquez said the defendant could file a motion to withdraw from his or her plea or appeal the sentence on the grounds that ...

Loyola University College of Law Holds Action-Oriented Symposium on the Death Penalty
In 2007 Richard was awarded the Sam Dalton Capital Defense Award by the Louisiana Association of Criminal Defense Lawyers. The Honorable Calvin Johnson, retired Chief Judge of the Orleans Parish Criminal District Court, established the first Mental ...

Corrupt cops compel Kern DA to inform defense attorneys about ...
Corrupt cops compel Kern DA to inform defense attorneys about ...

Connecticut defense lawyers honor New Haven's Diane Polan with Champion of Liberty Award
NEW HAVEN >> In a night of poignancy and tears, Diane “Cookie” Polan, one of the most respected attorneys in Connecticut, received the 2016 Champion of Liberty Award from the Connecticut Criminal Defense Lawyers Association. But Polan was not there ...

PBC court race gets ugly – some say – in Donald Trump-like way
A Palm Beach County judicial candidate's claim that her opponent's legal chops are questionable because he represents “murderers, rapists, child molesters and other criminals” has inflamed criminal defense attorneys and raised concerns that Donald ...




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