The Hoglawyer

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Friday, March 27, 2009 - 11:57:00

Death Penalty Reform

The death penalty makes me nervous. It makes me nervous because there is always a chance the wrong person is being executed. For example, after reading the Devil's Knot, I still think the West Memphis 3 are guilty, but I'm not so sure that I would be for execution - as there will always be an uncomfortable lingering doubt in that case.

Maryland has a great proposal. Before a prosecutor can seek the death penalty - there must be DNA or biological evidence, a video tape of the crime, or a video tape of the confession. Something more than a shakey confession under hi-pressure seems only fair. Why not video tape confessions - it would protect the defendant as well as the police from allegations of unfair tactics. We know that even eye-witness testimony is unreliable - it seems fair to have a higher standard before we use the highest penalty.

 

Posted by Hoglawyer at 11:57 AM | Permalink | Comments [2]

Sometimes I'm not a good liberal

I was reading about the "Arkansas Cradle to Prison Pipeline Summit," which will be held April 30. I'm all for programs to give teenagers structure activities etc., but it was some of the language of the article that irked me. In Neil Oman's article in the Arkansas Democrat-Gazette today, he states that the summit will bring together leaders to study the "problem" which is that one in three black (and hispanic) males born since 2001 are at a high risk of going to prison.   "The will examine the underlying causes of the phenomena," the article states. On Saturday, May 2, conference participants will provide recommendations on “dismantling the cradle to prison pipeline in Arkansas.” 

Maybe I'm a bad liberal, or a bad sociology student - but in my view, the reason a particular person goes to prison is not because "the system" failed them. Instead, it's because they chose to commit a felony and deserve punishment.  I'm all for more drug courts, more treatment programs, more alternative sentencing, and a little leniency in non-violent sentencing - but we still need to hold individuals accountable.

I suppose I just have a philosophical problem with the pipeline analogy. A pipeline suggests that these young people are trapped in a one way path from which they cannot escape, which inevitably leads to prison unless someone removes them from the pipe. To me, even as someone who has been involved in the juvenile justice system for years, a more proper analogy would be a jetski to prison. Or, in more  rural areas, maybe a four-wheeler to prison. Or, maybe I don't konw what I'm talking about and I'm just ignorant and callous.

Posted by Hoglawyer at 09:23 AM | Permalink | Comments [3]

Thursday, March 12, 2009 - 16:31:00

Sue Your Parents For Fun And Profit

Here is an interesting case - Henry Mills v. Henry Mills.  The younger Mr. Mills sued his father for the child support he never paid while he was still a child. I've always known that you can do this in theory, just never saw it actually done. Not only did he sue and win, he was awarded around $1000 in attorney's fees for a total of $13,000. He wasn't satisfied with this amount and appealled to get a higher amount of attorney's fees as well as interest on the child support that had not been paid for several years.

Also interesting is that although the trial court knew that the attorney was going to get 1/3 of any amount awarded, the judge only gave $1000 in fees. While on one hand this seems unfair - if the judge gave attorney fees as much as the attorney was taking - attorneys would simply start increasing the amount of the fees knowing they could pass it along to the defendants.

This is an interesting case for anyone who is really hurting financially now - and was not paid child support for years and years. If your ex has property or even a just a decent job - it might be worth your time to investigate further.

http://courts.arkansas.gov/court_opinions/coa/2009a/20090311/published/ca08-555.pdf

Posted by Hoglawyer at 04:31 PM | Permalink | Comments [1]

Why you shouldn't be sarcastic in legal pleadings

I have written hundreds of appeals and I always try to avoid "flying off the handle" or being excessively flowery. Legal writers are always told - stick to the point.  Judges don't want to have to read anything that wastes their time or goes off topic. I've been told many many times that I'm dead wrong on an argument - but never harshly.  Today the Exective Director of the Committee on Professional Conduct was soundly rebuked by the Supreme Court in a disbarment case:

"On a final note, we must address a matter raised in Walker’s reply brief. Walker contends that the brief submitted by Ligon shows a “clear personal bias” and is “replete with sarcasm and vituperation masquerading as legal argument.” Although we do not find any impermissible bias in this case, we agree with Walker that the Executive Director’s brief is unprofessional in tone and improper in some of its content. Ligon’s brief contains unnecessarily sarcastic remarks and, at one point, invites the court to look outside of the record to examine matters that were not before the special judge. This is improper argument."

If the Supreme Court says that the Professional Conduct Committee Executive Director's brief is "unprofessional in tone," improper, and sarcastic, what kind of example does that set for the rest of us ?  Of course, now I'd like to see that brief and decide for myself whether it is in fact unprofessional - or just "flowery."

http://courts.arkansas.gov/court_opinions/sc/2009a/20090312/published/06-1493.pdf

Posted by Hoglawyer at 02:20 PM | Permalink | Comments [0]

Lawyers Acting Badly

A Jonesboro attorney was fined $2,500 and suspended for 3 months for trying to coerce a client to have sex with him.   I thought people normally went to jail for that....

http://www.kait8.com/global/story.asp?s=9994353

For all the facts from the discipline committee, go here: http://courts.arkansas.gov/opc/20090226/2007-021.pdf

 

 

Posted by Hoglawyer at 12:04 PM | Permalink | Comments [1]