Opinion 320. Jury Nullification Arguments By Criminal Defense Counsel

Size: px
Start display at page:

Download "Opinion 320. Jury Nullification Arguments By Criminal Defense Counsel"

Transcription

1 Opinion 320 Jury Nullification Arguments By Criminal Defense Counsel A lawyer defending a criminal case may zealously advocate for the acquittal of his client using any evidentiary argument for which he has a reasonable good faith basis. Current legal standards strongly disfavor jury nullification and prohibit express exhortations that a jury nullify the law. Accordingly, a lawyer may not, consistent with the rules of professional conduct, expressly urge a jury to disregard the law. Nor may a lawyer disregard a ruling of the tribunal limiting the scope of permissible argument. The legal system continues, however, to permit juries to exercise the power to nullify. A lawyer may, therefore, within the bounds of zealous advocacy, advance arguments that have a good faith evidentiary basis even though those same arguments may also heighten the jury s awareness of its capacity to nullify. Applicable Rules Rule 1.3 (Diligence and Zeal) Rule 3.1 (Meritorious Claims and Contentions) Rule 3.3 (Candor Toward the Tribunal) Rule 8.4 (Misconduct) Inquiry The Committee has received an inquiry on a matter of criminal law advocacy: Do the District of Columbia Rules of Professional Conduct prohibit an attorney for a criminal defendant from pursuing a jury nullification argument? The inquirer notes that the limited authority on the subject seems in conflict. Some judges appear to believe that pursuit of a jury nullification argument may subject an attorney to sanction under the rules. See, e.g., People v. Williams, 25 Cal.4th 441, 448, 21 P.3d 1209, 1212, 106 Cal.Rptr.2d 295, 298 (2001) (characterizing a jury nullification argument in closing as a violation of the Rules of Professional Conduct ). However, in dicta in an unpublished decision, one court has suggested that such arguments may constitute effective advocacy that satisfies the constitutional requirement that a defendant receive the effective assistance of counsel. See United States v. Sams, 104 F.3d 1407, 1996 WL at *2 (D.C. Cir. 1996) (unpublished opinion) (it may be possible for counsel to satisfy effectiveness standard through reasonable strategy of seeking jury nullification when no valid or practicable defense exists ). We are asked to address this question. Discussion The power of a jury to nullify a prosecution by which we mean the jury s decision to acquit the defendant despite its conclusion that he committed the offense, because of its disavowal of the law or circumstances under which the defendant is charged, see Horning v. District of Columbia, 254 U.S. 135, 138 (1920) (characterizing jury nullification as acquittal of defendant despite the weight of the evidence) has a long and storied history in American law. It can be traced back at least as far as the seditious libel trial of John Peter Zenger in 1735, who was obviously guilty of the crime of publishing an item that held up public officials to ridicule but was acquitted nonetheless, to the wide approval of the public. See J. Alexander, A Brief Narrative of the Case

2 and Trial of John Peter Zenger (S. Katz, ed., 1963). Or consider the 1851 case of several abolitionists who stormed into a Boston federal court and took by force a slave who was being held for return to Virginia under the Fugitive Slave Law, spiriting him to Canada. They, too, were acquitted of the federal criminal charge of aiding and abetting the escape, after their lawyer urged the jurors to find the fugitive slave laws unconstitutional. See United States v. Morris, 26 F.Cas (C.C.D. Mass. 1851). In these early periods of American history, the power of the jury to nullify the law was explicit and affirmatively approved. With the turn of the 20th century, however, the law has developed a more strict separation between the domain of the court (to say what the law is) and the domain of the jury (to determine the facts). Jurors today are routinely instructed that they must accept the law as given to them by the court in its instructions. E.g., Sparf & Hanson v. United States, 156 U.S. 51 (1895). 1 Thus, under contemporary substantive legal standards, a suggestion by a lawyer to a jury that it should ignore the law as stated by the judge may be tantamount to an explicit invitation to the jury to ignore the judge s instructions. The question is when, if ever, do such invitations by criminal defense lawyers violate the Rules of Professional Conduct. Our discussion is necessarily general in nature. Whether a particular jury nullification argument contravenes the Rules of Professional Conduct is, of course, case-specific and outside the scope of this Committee s inquiry. Counsel contemplating a jury nullification argument should be guided, however, by the following general principles: Criminal defense lawyers representing an accused play a unique role in our legal system. They, perhaps more than any other attorneys, have a duty to represent a client zealously and diligently within the bounds of the law. See D.C. Rule 1.3. Indeed, lawyers defending a criminal case are authorized to engage in conduct that, in other contexts, might seem inconsistent with the spirit of the Rules. Defense counsel are not only permitted but also required, for example, to defend an adversarial proceeding and require the government to carry its burden of proof whenever the client elects to contest the proceeding. See D.C. Rule 3.1; see also id. Comment [3]; Restatement of the Law Governing Lawyers 110(2) (2002) (same). They must do so even if convinced that their client s guilt of the offense charged can be proven beyond a reasonable doubt. See Restatement of the Law Governing Lawyers, 110, Comment f. Accordingly a defense lawyer may always oblige the government to prove its case, without violating the Rules of Professional Conduct. See United States v. Cavin, 39 F.3d 1299 (5th Cir. 1994). In this regard, the Rules act uniquely to assure that criminal defense lawyers will do their utmost in zealously representing a client. Similarly, while most lawyers operate under an absolute obligation of candor to the tribunal, in this jurisdiction defense counsel who are unable to dissuade their clients from presenting false evidence and cannot withdraw from the representation without harming the client may put their client on the stand to testify in a narrative fashion. See D.C. Rule 3.3(b); see also id. Comments [4]-[8]. Although counsel may not argue this false evidence to the jury they nonetheless can participate indirectly in its presentation. Cf. Nix v. Whiteside, 475 U.S. 157, (1986) (Sixth Amendment not violated when attorney refuses to cooperate with defendant in presenting perjured testimony). This D.C. provision, which reflects solicitousness to a defendant s right to testify, seeks to assure that a criminal defense lawyer s ethical obligations do not abridge a defendant s right to present a defense. 2 Notwithstanding the somewhat greater latitude afforded the counsel for a criminal defendant, the lawyer remains subject to ethical restrictions contained in the Rules of Professional Conduct.

3 United States v. Young, 470 U.S. 1 (1984); see also State v. Bennefield, 567 A.2d 863 (Del. 1989) (defense counsel characterization of State witnesses as scum, liars, and snakes deemed improper conduct). 3 Thus, at a minimum defense counsel must necessarily conform their conduct to the substantive law of the jurisdiction in which the lawyer is appearing. See D.C. Rule 8.5(a); see also Restatement of The Law Governing Lawyers 105 (2000) ( a lawyer must comply with applicable law, including rules of procedure and evidence and specific tribunal rulings ). In this jurisdiction, such substantive law appears to preclude express advocacy of the jury nullification power. The District of Columbia has no rule or statute authorizing jury nullification. Both the local courts and the federal courts have rejected assertions that juries are entitled to an instruction apprising them of their right to nullify the law. See United States v. Washington, 705 F.2d 489 (D.C. Cir. 1983) (fact that juries can abuse their power and return verdicts contrary to the law does not mean that courts must give such instruction); Reale v. United States, 573 A.2d 13 (D.C. 1990) (trial court not required to instruct jurors about their power of jury nullification). Indeed, both federal and local courts in this jurisdiction have endorsed jury instructions that are designed to discourage jury nullification. See, e.g., United States v. Pierre, 974 F.2d 1355 (D.C. Cir. 1992) (approving jury instruction that jury should return a guilty verdict if the government has proven its case beyond a reasonable doubt); United States v. Braxton, 926 F.2d 1180 (D.C. Cir. 1991) (same); Watts v. United States, 362 A.2d 706 (D.C. 1976) (en banc) (jury instruction may discourage nullification). Moreover, the standard jury instruction given in District of Columbia courts contains this express admonition to the jury: You may not ignore any instruction, or question the wisdom of any rule of law. Criminal Jury Instructions for the District of Columbia, Instr (Bar Assn. of D.C. 4th ed 1993). Within this jurisdiction express exhortations to ignore the law are, therefore, likely to be deemed prohibited by law and may, therefore, result in violations of the D.C. Rules of Professional Conduct by lawyers who advocate such a course. See D.C. Rule 8.4. The Committee recognizes, however, that there are many variant forms that a jury nullification argument made by a zealous advocate can take forms that may range from explicit requests to ignore the law to far more nuanced arguments that arguably have the same effect (and about which reasonable minds may differ). Consider the following hypothetical: Counsel wishes to argue that the police investigation of and testimony about a crime is not credible because it is biased by animus toward the political viewpoint of the defendant. At one level this is a straightforward argument based upon reasonable inferences from the evidence officers with political bias might, indeed, fabricate evidence. At another level, however, the same argument may also be characterized as a call for the jury to acquit based not on the evidence but on the political viewpoint of the defendant. It is in practice often impossible to distinguish between these two forms of argument. Counsel may often be able to make good-faith evidentiary arguments that have the collateral effect of heightening the jury s awareness of its capacity to nullify. When do such arguments violate the Rules? As guidance to the limits on closing argument that may be made consistently with the Rules of Professional Conduct, we find informative the ABA Standards for Criminal Justice. They provide: In closing argument to the jury, defense counsel may argue all reasonable inferences from the evidence in the record. Defense counsel should not intentionally misstate the evidence or mislead the jury as to the inference it may draw.

4 a. Defense counsel should not express a personal belief or opinion in his or her client s innocence or personal belief or opinion in the truth or falsity of any testimony or evidence. b. Defense counsel should not make arguments calculated to appeal to the prejudices of the jury. c. Defense counsel should refrain from argument which would divert the jury from its duty to decide the case on the evidence. ABA Standards for Criminal Justice, Prosecution Function and Defense Function, Standard (3d ed. 1993). The Restatement, similarly, precludes a defense counsel from expressing a personal opinion or alluding to a matter that is not supported by admissible evidence. See Restatement (Third) of the Law Governing Lawyers 107 (2000). 4 As we have already noted, some closing arguments may have a good faith basis yet nonetheless have the incidental effect of appealing to a jury s prejudice or enhancing its awareness of its ability to decide the case against the evidence. Thus, there is an obvious tension inherent in application of the ABA standards. Whatever may be said for the resolution of that tension in other contexts, in the context of criminal advocacy that tension should be resolved in favor of permitting any evidentiary argument for which a reasonable good faith basis exists, provided that the lawyer exercises his ability to do so within the constraints of existing law. See id. 105 Comment c (2000); id. 110, Comment d (same). This is consistent with the treatment of other areas where the line between permissible and impermissible advocacy is difficult to police. As the Restatement notes in discussing limits on a lawyer s ability to express a personal opinion: It may be difficult in practice to maintain the line between permissible zealous argument about facts and inferences to be drawn from them and impermissible personal endorsement. Latitude is left to the advocate in doubtful cases, subject to the superintending power of the presiding officer to prevent improper or misleading argument. Id. 107, Comment b. 5 We think this analysis strikes the correct balance in the context of jury nullification arguments as well unless the advocate expressly urges nullification (an expression likely prohibited by the substantive law of this jurisdiction) or has been prohibited by the presiding officer from making a particular argument, a criminal defense counsel may zealously represent his client and may offer any argument for which he has a good faith evidentiary basis. Such arguments should not be deemed a violation of the Rules of Professional Conduct. Indeed, we can imagine situations in which it may be possible for a defense lawyer to satisfy [the effective assistance requirement through] a reasonable strategy of seeking jury nullification when no valid or practicable defense exists. United States v. Sams, 104 F.3d 1407, 1996 WL at *2 (D.C. Cir. 1996). Because a criminal defense lawyer may take any step required or permitted by the constitutional guarantee of the effective assistance of counsel, Restatement of the Law Governing Lawyers, 110, comment f, it is unlikely that any such step for which a reasonable evidentiary basis exists will be deemed to violate the Rules of Professional Conduct. Thus, to consider a final hypothetical, imagine a situation in which the court rejects a defendant s pre-trial challenge to a police search as a violation of the Fourth Amendment. Given that definitive ruling it is unlikely that a lawyer could argue that the jury should acquit the defendant because the scope of the search was excessive and that a not guilty verdict would send a message

5 to the police to stop using such aggressive, impermissible tactics. Conversely, if the evidentiary predicate for the argument were laid, it might be appropriate for the lawyer to argue that the police s violation of departmental procedures designed to limit the scope and extent of a search were a basis for questioning the credibility of their testimony and the evidence gathered as a result of such violations. Although the distinction between the two arguments is, perhaps, a fine one, it is a distinction with substantial significance under the Rules. Conclusion Good-faith arguments with incidental nullification effects do not violate the Rules of Professional Conduct. Despite its disfavor, the law permits a jury to acquit in disregard of the evidence, and such an acquittal is unreviewable. Watts, 362 A.2d at 710. That power is a necessary consequence inherent in the right to trial by jury. So long as the power to acquit in disregard of the evidence exists, we do not believe that the Rules of Professional Conduct prohibit zealous advocacy by a criminal defense lawyer that appeals indirectly to that power. Unless prohibited by the presiding officer of a tribunal, arguments that have a good-faith evidentiary basis ought not to be deemed violations of the Rules of Professional Conduct, even if those same arguments also have the potential for enhancing the jury s exercise of its power of nullification Notes Two states, Indiana and Maryland, retain state constitutional provisions that enshrine a jury s authority to determine the law as well as the facts. See Ind. Const. art. I, 19; Md. Decl. of Rights, art. 23. But even in those states the jury instructions typically admonish the jury not to arbitrarily and willfully disregard the law or substitute their own judgment for what they think the law should be in a particular case. See e.g. Indiana Jury Instruction (quoted in Kourlis, Not Jury Nullification; Not a Call for Ethical Reform; But Rather a Case for Judicial Control, 67 U. Colo. L. Rev. 1109, 1111 (1996)). The District s version of Rule 3.3 is substantially more permissive than that in many other jurisdictions. While its scope does inform our construction of the Rules, our resolution of the underlying question presented would be the same if the District s Rule were identical to that prevalent in other jurisdictions. Though examples of discipline for violations of the rules of professional conduct by defense counsel are rare, admonitions that they remain bound by those rules are more common. See, e.g., United States v. Rico, 51 F.3d 495, 511 (5th Cir. 1995) ( current professional standards do not require defense counsel to assert every potential defense, regardless how far-fetched or implausible ); Ethics Comm. of Bd. of Professional Responsibility of Tenn. Sup. Ct., Op. 88-F-11 7 (1988) (criminal defense lawyer who files motion to suppress without first investigating facts must comply with rules against asserting defenses solely for delay or harassment). Notably, the ABA commentary also provides that the defense may argue for jury nullification in jurisdictions permitting such arguments a comment presumably meant to refer to Indiana and Maryland. See ABA Standards commentary. By negative implication, this suggests that the ABA Standards counsel against the use of an express

6 5. jury nullification argument where the substantive law of the jurisdiction in question precludes making such an argument. This is consistent with our understanding of counsel s obligation to comport their conduct to the prevailing substantive law in the governing jurisdiction. The presiding officer of a tribunal will, of course, judge the propriety of any argument in the first instance. When directed by a tribunal to abandon a line of argument because it is deemed to have crossed the line into impermissible advocacy of jury nullification, a violation of the Rules of Professional Conduct may arise from counsel s persistence in pursuing the line of argument after the trial court has deemed it unacceptable. Failure to obey a court order may subject an attorney to discipline. See D.C. Rule 8.4 & comment [4]; see also Restatement of the Law Governing Lawyers 105 (2000) ( a lawyer must comply with applicable law, including rules of procedure and evidence and specific tribunal rulings ). Inquiry No: Adopted: May 20, 2003 Published: May 2003

*Rule 1.4(a) *Rule 1.16(a) *Rule 1.16(a)(2) *Rule 1.16(b) *Rule 3.3 *DR7-102(A)(4) *DR7-102(A)(6)

*Rule 1.4(a) *Rule 1.16(a) *Rule 1.16(a)(2) *Rule 1.16(b) *Rule 3.3 *DR7-102(A)(4) *DR7-102(A)(6) NEW HAMPSHIRE BAR ASSOCIATION Ethics Committee Formal Opinion 1993-94/7 Candor to Tribunal: Use of Questionable Evidence In Criminal Defense January 27, 1994 RULE REFERENCES: *Rule 1.2 *Rule 1.2(a) *Rule

More information

TENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010

TENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010 TENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010 Glenn R. Funk 117 Union Street Nashville, TN 37201 (615) 255-9595 ETHICS IN DUI DEFENSE

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES OF AMERICA v. CRIMINAL ACTION H-00-0000 DEFENDANT(S) JURY INSTRUCTIONS I. General A. Introduction Members of the Jury:

More information

Rule 3.3: Candor Toward the Tribunal

Rule 3.3: Candor Toward the Tribunal American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct Rule 3.3: Candor Toward the Tribunal (a) A lawyer shall not knowingly: (1) make a

More information

Legal and Judicial Ethics for Criminal Practice in US Afghan Defense Lawyers Program Public Private Partnership for Justice Reform in Afghanistan

Legal and Judicial Ethics for Criminal Practice in US Afghan Defense Lawyers Program Public Private Partnership for Justice Reform in Afghanistan for Criminal Practice in US Afghan Defense Lawyers Program Public Private Partnership for Justice Reform in Afghanistan February 25, 2010 David M. Siegel New England Law Boston dsiegel@nesl.edu; 1 (617)

More information

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819

More information

ETHICS IN JUVENILE CASES THE DEFENSE PERSPECTIVE

ETHICS IN JUVENILE CASES THE DEFENSE PERSPECTIVE ETHICS IN JUVENILE CASES THE DEFENSE PERSPECTIVE 19 th ANNUAL JUVENILE LAW CONFERENCE PROFESSOR ROBERT O. DAWSON JUVENILE LAW INSTITUTE February 22 24, 2006 Westin Park Central Hotel Dallas, Texas BRIAN

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII. J. MICHAEL SEABRIGHT United States District Judge

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII. J. MICHAEL SEABRIGHT United States District Judge IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII August 8, 2011 J. MICHAEL SEABRIGHT United States District Judge GENERAL FEDERAL JURY INSTRUCTIONS IN CIVIL CASES INDEX 1 DUTY OF JUDGE 2

More information

THE COURT: You have been selected and sworn to determine the facts and

THE COURT: You have been selected and sworn to determine the facts and 1 THE COURT: You have been selected and sworn to determine the facts and render a verdict in the case of the Commonwealth / 1 of Pennsylvania versus Robert Greene, who is charged with one count of robbery,

More information

Federal Criminal Court

Federal Criminal Court No person... shall be compelled in any criminal case to be a witness against himself nor be deprived of life, liberty or property without due process of law. Amendment V. Defendant may not be compelled

More information

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094 NOTICE: NOT FOR PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION

More information

SUPERIOR COURT OF ARIZONA MARICOPA COUNTY LC2014-000424-001 DT 01/22/2015 THE HON. CRANE MCCLENNEN HIGHER COURT RULING / REMAND

SUPERIOR COURT OF ARIZONA MARICOPA COUNTY LC2014-000424-001 DT 01/22/2015 THE HON. CRANE MCCLENNEN HIGHER COURT RULING / REMAND Michael K. Jeanes, Clerk of Court *** Filed *** 01/26/2015 8:00 AM THE HON. CRANE MCCLENNEN STATE OF ARIZONA CLERK OF THE COURT J. Eaton Deputy GARY L SHUPE v. MONICA RENEE JONES (001) JEAN JACQUES CABOU

More information

Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3

Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3 Attachment No. 2 Proposed Plain Language Revisions to Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3 The work of the Plain Language Subcommittee is set forth below. For comparison, the redrafted

More information

GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia

GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia Case 1:11-cr-00326-SCJ-JFK Document 119-1 Filed 01/20/12 Page 1 of 16 GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF

More information

SUPREME COURT OF ARIZONA En Banc

SUPREME COURT OF ARIZONA En Banc SUPREME COURT OF ARIZONA En Banc STATE OF ARIZONA, ) Arizona Supreme Court ) No. CR-08-0292-PR Appellee, ) ) Court of Appeals v. ) Division One ) No. 1 CA-CR 07-0696 JESUS VALVERDE, JR., ) ) Maricopa County

More information

Question 5. After the trial, Attorney sent a $500 gift certificate to Doctor, with a note thanking her for recommending that Peter call him.

Question 5. After the trial, Attorney sent a $500 gift certificate to Doctor, with a note thanking her for recommending that Peter call him. Question 5 Attorney mailed a professional announcement to several local physicians, listing his name and address and his area of law practice as personal injury. Doctor received Attorney s announcement

More information

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA The Office of Victims Rights receives many inquiries from victims about how a criminal case in Alaska is investigated by police and then prosecuted by

More information

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 13-4037

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 13-4037 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4037 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. REGGIE ANDRE BECKTON, Defendant - Appellant. Appeal from the United States

More information

INTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N

INTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N INTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N OATH OF ATTORNEY I do solemnly swear: I will support the Constitution of the

More information

NASD REGULATION, INC. OFFICE OF HEARING OFFICERS. : No. C11970032 v. : : Hearing Officer - SW : : Respondent. :

NASD REGULATION, INC. OFFICE OF HEARING OFFICERS. : No. C11970032 v. : : Hearing Officer - SW : : Respondent. : NASD REGULATION, INC. OFFICE OF HEARING OFFICERS : DEPARTMENT OF ENFORCEMENT, : : Complainant, : Disciplinary Proceeding : No. C11970032 v. : : Hearing Officer - SW : : Respondent. : : ORDER GRANTING MOTION

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 41952 ) ) ) ) ) ) ) ) ) )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 41952 ) ) ) ) ) ) ) ) ) ) IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 41952 MICHAEL T. HAYES, Petitioner-Appellant, v. STATE OF IDAHO, Respondent. 2015 Unpublished Opinion No. 634 Filed: September 16, 2015 Stephen

More information

Offering Defense Witnesses to New York Grand Juries. Your client has just been held for the action of the Grand Jury. Although you

Offering Defense Witnesses to New York Grand Juries. Your client has just been held for the action of the Grand Jury. Although you Offering Defense Witnesses to New York Grand Juries By: Mark M. Baker 1 Your client has just been held for the action of the Grand Jury. Although you have a valid defense, you do not want your client to

More information

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 10-4381

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 10-4381 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4381 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ERIC SMITH, a/k/a Capone, a/k/a Pone, Defendant - Appellant. Appeal from

More information

Purely applied tools. Thinking is difficult and sometimes unpleasant.

Purely applied tools. Thinking is difficult and sometimes unpleasant. Purely applied tools Bell Labs success factors Freund, Hentoff, the Curmudgeon Munger s 24 Standard Causes of Human Misjudgment Valuable Intellectual Traits Thinking is difficult and sometimes unpleasant.

More information

ISBA Advisory Opinion on Professional Conduct

ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE KEVIN D. TALLEY, Defendant-Below No. 172, 2003 Appellant, v. Cr. ID No. 0108005719 STATE OF DELAWARE, Court Below: Superior Court of the State of Delaware,

More information

Subchapter 6.600 Criminal Procedure in District Court

Subchapter 6.600 Criminal Procedure in District Court Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative

More information

Escape Conviction when Prosecuted for a Federal Tax Crime. Court, DOJ, IRS no jurisdiction without specific Section of Title 26 quoted

Escape Conviction when Prosecuted for a Federal Tax Crime. Court, DOJ, IRS no jurisdiction without specific Section of Title 26 quoted Escape Conviction when Prosecuted for a Federal Tax Crime Court, DOJ, IRS no jurisdiction without specific Section of Title 26 quoted Why, in a "Federal District Court" when charged with a "tax crime"

More information

The Interaction Between the Rules of Professional Conduct and Malpractice Actions in the District of Columbia, Maryland, and Virginia

The Interaction Between the Rules of Professional Conduct and Malpractice Actions in the District of Columbia, Maryland, and Virginia The Interaction Between the Rules of Professional Conduct and Malpractice Actions in the District of Columbia, Maryland, and Virginia By Dennis J. Quinn and Elizabeth A. Francis 1 The sanctioning of an

More information

and IN THE COURT OF CRIMINAL APPEALS, AUSTIN, TEXAS

and IN THE COURT OF CRIMINAL APPEALS, AUSTIN, TEXAS IN THE 242 ND DISTRICT COURT OF SWISHER COUNTY, TEXAS and IN THE COURT OF CRIMINAL APPEALS, AUSTIN, TEXAS THE STATE OF TEXAS ) Writ Nos. 51,824 01, -02, -03, -04 ) (Trial Court Cause Nos. ) B-3340-9907-CR,

More information

TORT AND INSURANCE LAW REPORTER. Informal Discovery Interviews Between Defense Attorneys and Plaintiff's Treating Physicians

TORT AND INSURANCE LAW REPORTER. Informal Discovery Interviews Between Defense Attorneys and Plaintiff's Treating Physicians This article originally appeared in The Colorado Lawyer, Vol. 25, No. 26, June 1996. by Jeffrey R. Pilkington TORT AND INSURANCE LAW REPORTER Informal Discovery Interviews Between Defense Attorneys and

More information

The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014

The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014 The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014 Role of Juvenile Defense Counsel: Forensic Exercise: Question

More information

FORMAL OPINION NO. 2009-181 Government Lawyer Employment Negotiations

FORMAL OPINION NO. 2009-181 Government Lawyer Employment Negotiations FORMAL OPINION NO. 2009-181 Government Lawyer Employment Negotiations Facts: Lawyers A and B and Judge C are interested in employment with the Oregon Department of Justice (DOJ). Lawyer A is a hearings

More information

IN THE SUPREME COURT OF MISSISSIPPI NO. 2010-IA-02028-SCT

IN THE SUPREME COURT OF MISSISSIPPI NO. 2010-IA-02028-SCT IN THE SUPREME COURT OF MISSISSIPPI NO. 2010-IA-02028-SCT RENE C. LEVARIO v. STATE OF MISSISSIPPI DATE OF JUDGMENT: 11/23/2010 TRIAL JUDGE: HON. ROBERT P. KREBS COURT FROM WHICH APPEALED: JACKSON COUNTY

More information

Case 1:09-cv-00554-JAW Document 165 Filed 01/23/12 Page 1 of 8 PageID #: 2495 UNITED STATES DISTRICT COURT DISTRICT OF MAINE

Case 1:09-cv-00554-JAW Document 165 Filed 01/23/12 Page 1 of 8 PageID #: 2495 UNITED STATES DISTRICT COURT DISTRICT OF MAINE Case 1:09-cv-00554-JAW Document 165 Filed 01/23/12 Page 1 of 8 PageID #: 2495 UNITED STATES DISTRICT COURT DISTRICT OF MAINE MICHAEL HINTON, ) ) Plaintiff, ) ) v. ) 1:09-cv-00554-JAW ) OUTBOARD MARINE

More information

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 40822 ) ) ) ) ) ) ) ) ) )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 40822 ) ) ) ) ) ) ) ) ) ) IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 40822 DAMON MARCELINO LOPEZ, Petitioner-Appellant, v. STATE OF IDAHO, Respondent. 2014 Unpublished Opinion No. 722 Filed: September 15, 2014 Stephen

More information

: : before this court (the Court Annexed Mediation Program ); and

: : before this court (the Court Annexed Mediation Program ); and UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In re: ADOPTION OF PROCEDURES GOVERNING : MEDIATION OF MATTERS AND THE

More information

Case 1:03-cr-00422-LEK Document 24 Filed 05/02/06 Page 1 of 7. Petitioner, Respondent. MEMORANDUM-DECISION AND ORDER 1

Case 1:03-cr-00422-LEK Document 24 Filed 05/02/06 Page 1 of 7. Petitioner, Respondent. MEMORANDUM-DECISION AND ORDER 1 Case 1:03-cr-00422-LEK Document 24 Filed 05/02/06 Page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK PATRICK GILBERT, Petitioner, -against- UNITED STATES OF AMERICA, 1:05-CV-0325 (LEK)

More information

requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. LEGAL ETHICS OPINION 1814 UNDISCLOSED RECORDING OF THIRD PARTIES IN CRIMINAL MATTERS In this hypothetical, a Criminal Defense Lawyer represents A who is charged with conspiracy to distribute controlled

More information

ORANGE COUNTY BAR ASSOCIATION. Formal Opinion 2011-01 (Collaborative Family Law)

ORANGE COUNTY BAR ASSOCIATION. Formal Opinion 2011-01 (Collaborative Family Law) ORANGE COUNTY BAR ASSOCIATION Formal Opinion 2011-01 (Collaborative Family Law) Issue: Can a family lawyer enter into a collaborative law agreement consistent with her ethical duties, notwithstanding the

More information

COMMENTS OF NATIONAL ASSOCIATION OF CRIMINAL DEFENSE. LAWYERS on proposed stylistic changes to Federal Rules of.evidence Rule 401

COMMENTS OF NATIONAL ASSOCIATION OF CRIMINAL DEFENSE. LAWYERS on proposed stylistic changes to Federal Rules of.evidence Rule 401 09-EV-01 9 COMMENTS OF NATIONAL ASSOCIATION OF CRIMINAL DEFENSE. LAWYERS on proposed stylistic changes to Federal Rules of.evidence Rule 401 ARTICLE IV. RELEVANCY AND ITS ARTICLE IV. RELEVANCY AND LIMITS

More information

PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT

PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT Filed 9/25/96 PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 95-3409 GERALD T. CECIL, Defendant-Appellant. APPEAL FROM THE UNITED STATES DISTRICT

More information

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 11-5077

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 11-5077 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-5077 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JUSTIN FOWLER, Defendant - Appellant. Appeal from the United States District

More information

Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/

Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Note that not every case goes through all of the steps outlined here. Some states have different procedures. I. Pre-Trial Crimes that would

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. CASE NO. 8:15-CR-244-T-23AEP PLEA AGREEMENT

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. CASE NO. 8:15-CR-244-T-23AEP PLEA AGREEMENT Case 8:15-cr-00244-SDM-AEP Document 3 Filed 07/08/15 Page 1 of 15 PageID 6 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA v. CASE NO. 8:15-CR-244-T-23AEP

More information

A Victim s Guide to the Capital Case Process

A Victim s Guide to the Capital Case Process A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney General s Office A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney

More information

SUPREME COURT OF ARIZONA En Banc

SUPREME COURT OF ARIZONA En Banc SUPREME COURT OF ARIZONA En Banc STATE OF ARIZONA, ) Arizona Supreme Court ) No. CR-10-0306-PR Appellant, ) ) Court of Appeals v. ) Division Two ) No. 2 CA-CR 2008-0342 RANDALL D. WEST and PENNY A. ) WEST,

More information

LEGAL MALPRACTICE AND THE CRIMINAL DEFENSE ATTORNEY By Peter L. Ostermiller

LEGAL MALPRACTICE AND THE CRIMINAL DEFENSE ATTORNEY By Peter L. Ostermiller LEGAL MALPRACTICE AND THE CRIMINAL DEFENSE ATTORNEY By Peter L. Ostermiller Occasionally, a defendant, while incarcerated and apparently having nothing better to do, will file a Motion under RCr. 11.42,

More information

Decided: May 11, 2015. S15A0308. McLEAN v. THE STATE. Peter McLean was tried by a DeKalb County jury and convicted of the

Decided: May 11, 2015. S15A0308. McLEAN v. THE STATE. Peter McLean was tried by a DeKalb County jury and convicted of the In the Supreme Court of Georgia Decided: May 11, 2015 S15A0308. McLEAN v. THE STATE. BLACKWELL, Justice. Peter McLean was tried by a DeKalb County jury and convicted of the murder of LaTonya Jones, an

More information

Ethical Considerations in Dealing with Expert Witnesses. Thomas M. Fitzpatrick tom@tal-fitzlaw.com

Ethical Considerations in Dealing with Expert Witnesses. Thomas M. Fitzpatrick tom@tal-fitzlaw.com Ethical Considerations in Dealing with Expert Witnesses By Thomas M. Fitzpatrick tom@tal-fitzlaw.com Thomas M. Fitzpatrick is a graduate of the University of Montana (1973) and the University of Chicago

More information

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be

More information

to counsel was violated because of the conflict of interest that existed with his prior attorney

to counsel was violated because of the conflict of interest that existed with his prior attorney SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS: CRIMINAL TERM PART 24 -----------------------------------------------------------------x THE PEOPLE OF THE STATE OF NEW YORK DECISION AND ORDER Indictment

More information

Any civil action exempt from arbitration by action of a presiding judge under ORS 36.405.

Any civil action exempt from arbitration by action of a presiding judge under ORS 36.405. CHAPTER 13 Arbitration 13.010 APPLICATION OF CHAPTER (1) This UTCR chapter applies to arbitration under ORS 36.400 to 36.425 and Acts amendatory thereof but, except as therein provided, does not apply

More information

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant

More information

A NEW PROFESSIONALISM. Paul D. Friedman M.A., Ph.D., J.D. * Most attorneys have encountered a client who wants the attorney to be a bulldog,

A NEW PROFESSIONALISM. Paul D. Friedman M.A., Ph.D., J.D. * Most attorneys have encountered a client who wants the attorney to be a bulldog, A NEW PROFESSIONALISM A NEW PROFESSIONALISM FOR ARIZONA ATTORNEYS: THE ELIMINATION OF ZEALOUS REPRESENTATION WITH THE FOUNDATION OF CIVILITY AND FAIRNESS Paul D. Friedman M.A., Ph.D., J.D. * Most attorneys

More information

COURT S INSTRUCTIONS TO THE JURY (CIVIL) SEXUAL HARASSMENT. I will now explain to you the rules of law that you must follow and apply in

COURT S INSTRUCTIONS TO THE JURY (CIVIL) SEXUAL HARASSMENT. I will now explain to you the rules of law that you must follow and apply in IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA KEYBOARD()DIVISION KEYBOARD(), Plaintiff, v. KEYBOARD(), Defendants. ] ] ] ] ] ] ] ] ] CV Members of the Jury: COURT S INSTRUCTIONS

More information

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 13-CT-226. Appeal from the Superior Court of the District of Columbia (CTF-18039-12)

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 13-CT-226. Appeal from the Superior Court of the District of Columbia (CTF-18039-12) Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections

More information

FALSE TESTIMONY BY CRIMINAL DEFENDANTS: STILL UNANSWERED ETHICAL AND CONSTITUTIONAL QUESTIONS

FALSE TESTIMONY BY CRIMINAL DEFENDANTS: STILL UNANSWERED ETHICAL AND CONSTITUTIONAL QUESTIONS FALSE TESTIMONY BY CRIMINAL DEFENDANTS: STILL UNANSWERED ETHICAL AND CONSTITUTIONAL QUESTIONS Nathan M. Crystal* The ethical obligations of a criminal defense lawyer whose client intends to or has testified

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN STEVEN OLSON, Plaintiff, v. Case No. 12-C-1126 BEMIS COMPANY, INC. et al., Defendants. DECISION AND ORDER DENYING DEFENDANTS MOTION TO DISQUALIFY

More information

Defining Aggregate Settlements: the Road Not to Take. By: Peter R. Jarvis and Trisha M. Rich. Summary and Introduction

Defining Aggregate Settlements: the Road Not to Take. By: Peter R. Jarvis and Trisha M. Rich. Summary and Introduction Defining Aggregate Settlements: the Road Not to Take By: Peter R. Jarvis and Trisha M. Rich I Summary and Introduction ABA Model Rule 1.8(g) provides that: A lawyer who represents two or more clients shall

More information

Homeline CLE Top Ten Ethical Issue That Impact Family Law Lawyers

Homeline CLE Top Ten Ethical Issue That Impact Family Law Lawyers Homeline CLE Top Ten Ethical Issue That Impact Family Law Lawyers I. Safekeeping Property. A. Rule 1.15 of Minnesota Rules of Professional Conduct requires a lawyer representing a party to safe keep their

More information

UPDATES TO ETHICAL ISSUES FOR TRUST AND ESTATE LAWYERS New and Revised Rules of Professional Conduct on the Way (We think!)

UPDATES TO ETHICAL ISSUES FOR TRUST AND ESTATE LAWYERS New and Revised Rules of Professional Conduct on the Way (We think!) 34th Annual Trust and Estate Conference - USC Gould School of Law UPDATES TO ETHICAL ISSUES FOR TRUST AND ESTATE LAWYERS New and Revised Rules of Professional Conduct on the Way (We think!) INTRODUCTION

More information

TOP TEN TIPS FOR WINNING YOUR CASE IN JURY SELECTION

TOP TEN TIPS FOR WINNING YOUR CASE IN JURY SELECTION TOP TEN TIPS FOR WINNING YOUR CASE IN JURY SELECTION PRESENTED BY JEFF KEARNEY KEARNEY & WESTFALL 2501 PARKVIEW STREET, SUITE 300 FORT WORTH, TEXAS 76102 (817) 336-5600 LUBBOCK CRIMINAL DEFENSE LAWYERS

More information

DISTRICT COURT OF GUAM

DISTRICT COURT OF GUAM DISTRICT COURT OF GUAM UNITED STATES OF AMERICA, Plaintiff, CRIMINAL CASE NO. 1-0000 1 RODNEY M. KIDD, vs. ORDER AND DECISION RE MOTION FOR JUDGMENT OF ACQUITTAL UNDER RULE (c) 1 Defendant. 1 1 1 0 1 Before

More information

MOTION IN LIMINE RE: AFFIRMATIVE DEFENSES

MOTION IN LIMINE RE: AFFIRMATIVE DEFENSES DISTRICT COURT, BOULDER COUNTY, COLORADO Court Address: Boulder County Justice Center 1777 Sixth St Boulder, Colorado 80302 Court Phone: (303) 441-3750 PEOPLE OF THE STATE OF COLORADO vs. SHERRI ANN VERSFELT,

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

Case 1:13-cr-20850-UU Document 43 Entered on FLSD Docket 01/14/14 11:43:07 Page 1 of 10

Case 1:13-cr-20850-UU Document 43 Entered on FLSD Docket 01/14/14 11:43:07 Page 1 of 10 Case 1:13-cr-20850-UU Document 43 Entered on FLSD Docket 01/14/14 11:43:07 Page 1 UNITED STATES OF AMERICA vs. RAFAEL COMAS, Defendant. / UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI

More information

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S C RIMINAL LAW 1 0 1 : O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS A C RIMINAL LAW 1 0 1 Prepared

More information

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA STATE OF MISSISSIPPI

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA STATE OF MISSISSIPPI IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA JIMMY FORD APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF TRIAL COURT JUDGMENT: 5/10/2002 TRIAL JUDGE: HON. MARCUS D. GORDON

More information

Civil Or Criminal Securities Fraud A Blurry Line

Civil Or Criminal Securities Fraud A Blurry Line Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com Civil Or Criminal Securities Fraud A Blurry

More information

Standards and Requirements for Specialist Certification and Recertification

Standards and Requirements for Specialist Certification and Recertification Standards and Requirements for Specialist Certification and Recertification The following are Standards and Requirements for Certification and Recertification of lawyers as Criminal Law Specialists. The

More information

STANDARD 3.5 ON ASSISTANCE TO PRO SE LITIGANTS

STANDARD 3.5 ON ASSISTANCE TO PRO SE LITIGANTS STANDARD 3.5 ON ASSISTANCE TO PRO SE LITIGANTS STANDARD In appropriate circumstances, a provider may offer pro se litigants assistance or limited representation at various stages of proceedings. COMMENTARY

More information

The Role of Defense Counsel in Ineffective Assistance of Counsel Claims

The Role of Defense Counsel in Ineffective Assistance of Counsel Claims The Role of Defense Counsel in Ineffective Assistance of Counsel Claims I. Every criminal defense lawyer will, at sometime or another, be challenged as ineffective it comes with the territory. It is natural

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). STATE OF MINNESOTA IN COURT OF APPEALS A13-2200 State of Minnesota, Respondent, vs. Jeffrey

More information

COERCION IN THE FIRST DEGREE (Class D felony) PENAL LAW 135.65(2) (Committed on or after September 1, 1967) The count is Coercion in the First Degree.

COERCION IN THE FIRST DEGREE (Class D felony) PENAL LAW 135.65(2) (Committed on or after September 1, 1967) The count is Coercion in the First Degree. COERCION IN THE FIRST DEGREE (Class D felony) PENAL LAW 135.65(2) (Committed on or after September 1, 1967) The count is Coercion in the First Degree. Under our law, a person is guilty of coercion in the

More information

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant

More information

Benjamin Zelermyer, for appellant. Michael G. Gaynor, for respondent. The issue presented by this appeal is whether

Benjamin Zelermyer, for appellant. Michael G. Gaynor, for respondent. The issue presented by this appeal is whether ================================================================= This opinion is uncorrected and subject to revision before publication in the New York Reports. -----------------------------------------------------------------

More information

NAPD Formal Ethics Opinion 14-1

NAPD Formal Ethics Opinion 14-1 NAPD Formal Ethics Opinion 14-1 Social workers and other healthcare professionals may not report child or elder abuse without the express contemporaneous permission of the lawyer for whom they are doing

More information

Rules of Professional Conduct For Attorneys Wisconsin Supreme Court Rule 20

Rules of Professional Conduct For Attorneys Wisconsin Supreme Court Rule 20 Rules of Professional Conduct For Attorneys Wisconsin Supreme Court Rule 20 Read It, Know It, Live It Presented by Mark Gumz with the assistance of Hannah Schieber SCR 20: More than just 40+ pages of fine

More information

Corporate Counsel Beware: Limits Of 'No Contact Rule'

Corporate Counsel Beware: Limits Of 'No Contact Rule' Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Corporate Counsel Beware: Limits Of 'No Contact Rule'

More information

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 14-4186. No. 14-4337. No. 14-4339

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 14-4186. No. 14-4337. No. 14-4339 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4186 UNITED STATES OF AMERICA, Plaintiff Appellee, v. KENTRELL TYRONE MCINTYRE, a/k/a Mustafa, Defendant - Appellant. No. 14-4337

More information

The Truth About CPLR Article 16

The Truth About CPLR Article 16 The DelliCarpini Law Firm Melville Law Center 877.917.9560 225 Old Country Road fax 631.923.1079 Melville, NY 11747 www.dellicarpinilaw.com John M. DelliCarpini Christopher J. DelliCarpini (admitted in

More information

STATE OF OHIO ) CASE NO. CR 12 566449 ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) LONNIE CAGE ) JOURNAL ENTRY ) Defendant )

STATE OF OHIO ) CASE NO. CR 12 566449 ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) LONNIE CAGE ) JOURNAL ENTRY ) Defendant ) IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO STATE OF OHIO ) CASE NO. CR 12 566449 ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) LONNIE CAGE ) JOURNAL ENTRY ) Defendant ) John P. O Donnell, J.:

More information

Houston Intellectual Property Law Association Presentation

Houston Intellectual Property Law Association Presentation Houston Intellectual Property Law Association Presentation Recent Changes in the Grievance Procedure and How They Will Affect Your Law Practice SPEAKER: Robert S. Bob Bennett bbennett@bennettlawfirm.com

More information

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS By Celeste King, JD and Barrett Breitung, JD* In 1998

More information

ISBA Advisory Opinion on Professional Conduct

ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation

More information

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal

More information

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 40673 ) ) ) ) ) ) ) ) ) )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 40673 ) ) ) ) ) ) ) ) ) ) IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 40673 STATE OF IDAHO, Plaintiff-Respondent, v. ALBERT RAY MOORE, Defendant-Appellant. 2014 Opinion No. 8 Filed: February 5, 2014 Stephen W. Kenyon,

More information

CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985

CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985 CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985 Subchapter 6.000 General Provisions Rule 6.001 Scope; Applicability of Civil Rules; Superseded Rules and Statutes (A) Felony Cases. The rules

More information

CSEk 1811 ~ Civil Service Law SECTION 75. A Basic Primer. 143 Washington Avenue, Albany, New York 12210 Danny Donohue, President

CSEk 1811 ~ Civil Service Law SECTION 75. A Basic Primer. 143 Washington Avenue, Albany, New York 12210 Danny Donohue, President 1811 ~ Civil Service Law SECTION 75 A Basic Primer Since 1910 CSEk New York's LEADING Union 143 Washington Avenue, Albany, New York 12210 Danny Donohue, President csea, Inc. I Updated January 2013 CSEA

More information

NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No. 12-12

NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No. 12-12 NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No. 12-12 A LAWYER IS NOT PROHIBITED BY THE RULES OF PROFESSIONAL CONDUCT FROM SIMULTANEOUSLY SERVING AS PART-TIME COUNTY ATTORNEY OF ONE NEBRASKA COUNTY AND

More information

The N.C. State Bar v. Wood NO. COA10-463. (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense

The N.C. State Bar v. Wood NO. COA10-463. (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense The N.C. State Bar v. Wood NO. COA10-463 (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense The North Carolina State Bar Disciplinary Hearing Commission did not err

More information

PENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE

PENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE PENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE Summary PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE JOINT FORMAL OPINION 2015-100 PROVIDING ADVICE TO

More information

Case 1:05-cr-10037-GAO Document 459 Filed 09/24/14 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CRIMINAL NO.

Case 1:05-cr-10037-GAO Document 459 Filed 09/24/14 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CRIMINAL NO. Case 1:05-cr-10037-GAO Document 459 Filed 09/24/14 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CRIMINAL NO. 05-10037-GAO-1 UNITED STATES OF AMERICA v. GRANT BOYD, Defendant. O TOOLE,

More information

KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-402 Issued: September 1997

KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-402 Issued: September 1997 KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-402 Issued: September 1997 Since the adoption of the Rules of Professional Conduct in 1990, the Kentucky Supreme Court has adopted various amendments, and

More information

USA v. Fabio Moreno Vargas

USA v. Fabio Moreno Vargas 2015 Decisions Opinions of the United States Court of Appeals for the Third Circuit 11-18-2015 USA v. Fabio Moreno Vargas Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2015

More information