Gideon's Promise
A Criminal Defense Lawyer's Musings





















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Sunday, March 09, 2003
 

This Is a Start

ABA opposes requiring lawyers to tell on money-laundering clients. In a letter sent Thursday to the Senate Judiciary Committee leadership, American Bar Association President Arthur Carleton Jr. registered the ABA' s opposition to an international task force proposal that would require lawyers to report to a government enforcement agency information of "suspicious" activities relating to possible money laundering by their clients. [JURIST's Paper Chase]

But the ABA's opposition is mild and clearly not forceful enough on behalf of its criminal defense lawyer members.  The ethical issues of requiring lawyers to "snitch" on their clients "suspicious acitvities" are abundant, not to mention the chilling impact on the Sixth Amendment Right to counsel.


9:22:32 PM    comment []

The Kind of Milestone Only The Dealth Belt Could Love  . . .

Texas Set for 300th Execution Since 1982. Convicted killer Delma Banks could become a historical footnote Wednesday, when he is scheduled to die in what would be Texas' 300th execution since the state resumed capital punishment in 1982. [Associated Press headlines via GoUpstate.com]


9:17:18 PM    comment []

Franks v. Delaware Redux . . . The FBI Problems in Operation Candyman Receive More Attention

FBI fraudulently obtained child porn search warrants. The FBI misrepresented the workings of a child pornography mailing list in order to wrongly obtain search warrants, according to the Washington Post. Prosecutors misled judges to believe that subscribers to the Candyman mailing list automatically received child pornography - when in fact less than half the subscribers received images. Others may have had their email addresses signed up for the list by someone else, as we reported here almost a year ago. "Thousands of... [vigilant.tv]

If I am reading the implications of this corrently less than half of those potentially subject to the FBI's dragnet were even worthy of suspicion.


9:15:58 PM    comment []

A Club More Exclusive than the Supreme Court??

"O'Connor could be Augusta's first female member". "O'Connor could be Augusta's first female member": Today's edition of The Atlanta Journal-Constitution contains this report. [How Appealing]


4:53:54 PM    comment []

More Reason to Doubt the "Wisdom" of the Dealth Penalty

DNA Sets Another Man Free. Exonerated: Bernard Webster was convicted for a rape he didn't commit. In 1982, science couldn't uncover the truth DNA evidence... [TalkLeft: The Politics of Crime]


4:46:10 PM    comment []

DOJ in the Website Business . . .  Doesn't Understand the "Expectation of Privacy" Issues

Eminent Domain: Seizing Web Sites. Two weeks ago, after the government shut down 11 Web sites that trafficked in drug paraphernalia, visitors were routed to a message from the Drug Enforcement Administration. By Tina Kelley. [New York Times: Technology]


12:35:17 PM    comment []

If You are a Solo Practitioner You Will Doubtless Empathize With This

A Solo Soars (Sort of) [My Shingle]


12:26:38 PM    comment []


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