Yesterday, I defended a man against two domestic violence charges. We won. The biggest advantage we had at trial was the credibility of the accuser. She had none.
Today, Pottawattamie County, Iowa, asks the Supreme Court of the United States to reverse an 8th Circuit Court of Appeals ruling which states “immunity does not extend to the actions of a County Attorney who violates a person’s substantive due process rights by obtaining, manufacturing, coercing and fabricating evidence before filing formal charges, because this is not ‘a distinctly prosecutorial function.’”
Every week as Saturday night approaches, people ask me: What should I do if I get pulled over and have had something to drink. The first rule is, don’t panic. Stay calm, stay alert, and be polite. Beyond that, I’ve created a Utah DUI cheat sheet which gives you my answers to the most common DUI related questions.
If a Utah policeman pulls you over and suspects you of DUI, chances are the officer will ask you to perform a “couple of routine tests.” What he really means is, he’d like to gather evidence that you’re driving drunk; he’s going to take notes and use this against you at trial.
Yesterday, Google released it’s legal research arm of Google Scholar to the public. This allows everyday people to aid in their criminal defense by researching case precedent; the key factor which instructs attorneys and courts on legal issues.
Today in Miller v. State, the Utah Court of Appeals ruled that district courts must hear claims of factual innocence without making the person bringing the claims jump through myriad procedural hoops. Now, Harry Miller can finally pursue his claim of factual innocence.
What do Utah’s Harry Miller, Florida’s James Bain, and my latest client have in common? Three things: (1) They all claimed actual innocence; (2) they all believed that actual innocence would be enough to exonerate them; and (3) they were all wrong.
I wouldn’t. And I suspect most of you wouldn’t either.
Yet some of you might be teetering, so what if I told you that the 26 years you had to spend in prison were between the ages of 17 and 43? Some of the best years of your life, gone. $12 million dollars doesn’t seem like much given those facts, does it?
Today, I had a client write me an email which said “I just can’t wait for this to be over.” While I understand this sentiment, my advice is be patient.
People like to connect the dots. We naturally explain how things happen, how the world works. For instance, when we meet tall people, we assume they have tall parents. One piece of data—someone’s height—leads us to a cause, tall parents.