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Blog Posts in 2013

All Posts
  • Government Crime Labs - or, Crimes in the Government Labs
    Government Crime Labs - or, Crimes in the Government Labs

    “Positive test results link defendant to crime”. “Drugs tested positive”. “The DNA was a match”. “We got our man”. We’ve heard it, over and over again. Yet, in the past few years and as recently as ...

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  • Ineffective Assistance of Counsel
    Ineffective Assistance of Counsel

    In 1984, the United States Supreme Court issued a terrible decision in “Strickland v. Washington”. It was a case in which a convicted criminal defendant challenged his conviction, alleging that his ...

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  • Federal Appellate Courts: Don't Expect Them to Do the Right Thing
    Federal Appellate Courts: Don't Expect Them to Do the Right Thing

    This week, we saw yet another example of a federal appellate court reversing a trial judge who tried to do the right thing. Of course, I am referring to the case out of Texas, in which the Republican ...

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  • Guest Teaching Constitutional Law at West Point, the United States Military Academy
    Guest Teaching Constitutional Law at West Point, the United States Military Academy

    This week I had the pleasure and honor of teaching at West Point, the most prestigious military college in the world. A couple of years ago, Forbes Magazine named West Point (so named because it is ...

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  • Count on a Grand Jury to Indict Anyone; Innocent People's Lives Destroyed
    Count on a Grand Jury to Indict Anyone; Innocent People's Lives Destroyed

    JonBenet Ramsey was the 6-year old beauty pageant contestant who was murdered in 1996 in her home in Boulder, Colorado. As her parents grieved, the media decided that the parents were guilty of ...

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  • Arguing Before the United States Supreme Court
    Arguing Before the United States Supreme Court

    Many people, lawyers included, ask me what it was like to argue a case before the United States Supreme Court. My answer usually goes something like this. It was a great privilege and honor to argue ...

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