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Category Archives: Legal System

Reboot if there’s a mistrial


This amusing New Yorker cartoon captures in one panel a judge befuddled in mid-sentencing by a computer program, a clerk providing instructions over his shoulder, and a criminal defendant awaiting whatever happens next–technology’s inexorable influence on the institution of law. Sphere: Related Content Related posts You, Wonderful You (0) You’ll Never Walk Alone (4) You’ll [...]

Praise for Salaried PDs


There are two types of defense attorney for indigent criminal defendants: salaried employees of state and federal court systems, and private attorneys appointed by courts from time to time to represent defendants at an hourly rate. My anecdotal experience is that full-time salaried public defenders tend to do a better job than court-appointed counsel. (Of [...]

S/he


Another headline that says it all: Judge: Ex still due alimony when she becomes he. My first thought is that of course the husband still owes alimony, which is (or should be) a support obligation arising during marriage that reflects the paying spouse’s status as primary earner during the marriage. His ex-wife is still his [...]

Look in the Mirror


If “a person who represents himself has a fool for a client” can he claim ineffective assistance of counsel on appeal? According to this report that is the question Thomas Budnick raised before the Massachusetts Appeals Court on appeal of his conviction for assault with a dangerous weapon. His court-appointed lawyer argued that the trial [...]

Do-It-Yourself Lawyering


CNNMoney.com has an engaging article about resolving disputes in small claims court. Josh Hyatt spent about two weeks attending small-claims hearings in the Boston area, reports on his experience, and offers suggestions for prospective small-claims litigants including “be realistic” and “stay calm.” One revelation shared by many participants is that the party contesting them is [...]

Fashion Police


Gary A. Nickerson, the Massachusetts judge hearing the trial of Christopher M. McCowen, accused of murdering Christa Worthington in her Truro home in 2002, ordered a college student watching the trial to be handcuffed and confined in the courthouse lockup. The student offended the judge’s sense of courtroom decorum by wearing Bermuda shorts. Before slapping [...]

Judicial Activism


Saturday’s Wall Street Journal carried an editorial–”No Exit: Judicial Activism is Inevitable” by law professor and blogger Ann Althouse. She received permission to reprint the editorial on her blog: http://althouse.blogspot.com/2006/10/no-exit-judicial-activism-is.html. I recommend it to those interested in the role of courts in the legal and social battle over abortion, and to those interested in the [...]