The Injustice of Mandatory Minimum Sentences for Non-Violent Drug Crimes

I'll preach this until I'm blue in the face.  And, many judges agree.  Great article here.

Jeff Sessions and Marijuana

As Sen. Jeff Sessions moves closer to confirmation as U.S. Attorney General, the question of whether he will enforce federal marijuana laws is an interesting one. Informative article here.

Most Common Times of Year Divorces Are Filed

Interesting piece re the most common times of the year divorces are filed:

http://www.cnn.com/2016/08/24/health/peak-divorce-times-study-trnd/index.html

The lack of activity around the holidays is consistent with my experience.

Innocent Man Freed

Unfortunately, innocent men and women are found guilty and incarcerated every day.  This story is amazing.  Most of them never achieve the vindication this man did.  I applaud the Prosecutor in this case.

Aunt Sues Her Eight Year Old Nephew

Sometimes, even I am surprised.  An Aunt attempted to sue her 8-year-old nephew for over $100,000.  Article is here.  Unreal.  I seriously question the competence of the lawyer that agreed to take this case.

Drug Crimes: Defining Justice

"Our jury boxes are empty but our prisons are overcrowded." Beautifully said. Great article on the scourge of drug laws in Alabama and the growing rarity of the criminal jury trial.

Pope to Chime in on Failed War on Drugs

Pope will visit a man jailed for a year and a half on charges of selling marijuana.  Article is here.  Be nice to see the Catholic church get behind the movement to reform the American criminal justice system.

The Human Mind and the American Justice System

A system of justice that differs depending on skin color, sex, class, and so on, is not a tenable system for a democratic society.  This great article explores the research behind humans deciding the fate of other humans.

Alabama's Underfunded Court System

This situation reached a crisis point sometime back.  I am unsure how anyone thinks more cuts can be allowed.  A fully-functional court system is vital to the survival of any society.

A great article on the situation is here.

For once, I agree with Chief Justice Roy Moore. 

Child Support Tales - $1,000,000.00 Per Month?

In Alabama, the calculation of child support by the non-custodial parent is oftentimes a fairly straightforward process.  However, when incomes and assets become too high, the numbers become less rigid.  Take for instance this mother who is requesting $1,000,000.00 per month in child support.

Seems unlikely she can justify this amount as being necessary for the support of the children.  Seriously, that equates to $12,000,000.00 per year.  Even if the guy can afford it, that's a lot of money.

Defense Attorney Arrested for Enforcing Her Client's Constitutional Protections

Unreal.  The temptation to usurp the law by those given power is sometimes too much.  As it was here.  This is shameful and a travesty.  A complete disregard for Constitutional protections.

http://sfpublicdefender.org/news/2015/01/video-deputy-public-defender-unjustly-arrested/

I hope to see a speedy resolution of this matter.

Fallout from Ferguson: The Role and Purpose of the Grand Jury

Grand Juries, in the context of my practice, are merely a formality.  Generally, I've been retained long before the grand jury convenes to ceremoniously, but not surprisingly, issue indictments.  The saying that a "grand jury will indict a ham sandwich" exists for a reason.  I never advise my client that grand jury "may not" indict them.  It is generally a foregone conclusion.  

This article does a good job of explaining the role and purpose of the Grand Jury.

If I want to challenge that probable cause exists to indict my client, then I will request a preliminary hearing, to wit, an adversarial hearing in which the Judge will determine whether probable cause exists to indict.

So, perhaps the most surprising aspect of the Ferguson situation is that the grand jury did not indict.  However, there appears to be a good explanation for this anomaly.  To wit, I think the large-scale media coverage of the entire incident led the Prosecutor to put the indictment solely in the hands of the grand jury.  Though this is not the normal way the process works, I think it makes sense if the Prosecutor was inclined not to indict Office Wilson and wanted to ensure the matter received the most thorough and impartial review the law would allow.

Ladies - Wear Pants in Massachusetts! (at least until the law is changed)

Ladies - be advised to wear pants when in Massachusetts:

http://www.huffingtonpost.com/2014/03/05/upskirt-photos-legal-massachusetts_n_4906949.html

The Massachusetts state legislature will undoubtedly rectify this issue expeditiously.  Still, I am somewhat surprised that the high court there applied the plain language of the law so meticulously here.  I'm unaccustomed to such practices in Alabama; and, I doubt the same result would have been reached here.  Kudos to the Massachusetts court for abiding by the separation of powers.

Divorce and Marital Debt

Sage advice as to marital debt in a divorce.

http://www.huffingtonpost.com/2014/03/02/marital-debt_n_4861960.html?utm_hp_ref=divorce&ir=Divorce

I would add however that fault-based grounds for divorce (e.g., adultery) can affect the "even split" referenced by the author.

Travesty of U.S. Justice System

This is prima facie evidence of the necessity of reviewing federal (and state) criminal sentencing guidelines -- especially the mandatory sentences.  As the "war on drugs" is at the root of this, taking a hard look at its results is in order as well.

http://www.huffingtonpost.com/2013/11/13/life-without-parole_n_4256789.html

Heartwrenching stories.  Especially those of the young, first-time offenders.

The Duty of Your Divorce Attorney

I place high priority on good communication with clients, thorough preparation, and ethical practice.  Unfortunately, not all lawyers do.  Know the signs:

http://www.huffingtonpost.com/caroline-choi/divorce-attorney_b_4071400.html?utm_hp_ref=divorce&ir=Divorce

Make sure your divorce attorney is doing what you hired him or her to do.

Justice Ginsburg and the Current Court: Activist?

This is great read and insight into the Supreme Court.  Justices rarely disclose these kind of thoughts.

http://www.nytimes.com/2013/08/25/us/court-is-one-of-most-activist-ginsburg-says-vowing-to-stay.html?_r=0

With several hot-button issues set to be entertained by the Court during the next term, her thoughts are exceedingly timely.

Alabama's New Gun Law: Fully Loaded Iron Bowl

Alabama's new gun law, set to take effect on August 1, will make carrying a gun a lot easier.  This is a polarizing issue.  Regardless, the change is inevitable now.

http://blog.al.com/wire/2013/07/six_things_to_know_about_alaba.html#incart_2box

The new law, in essence, allows the normal citizen who possesses a concealed weapon permit to take guns into places they've never been - sporting events, schools, work, so on.  Is this a good idea?  We'll find out soon.  I can't imagine having fans armed at the Iron Bowl will ever end well.

Charged with a Crime: Fingerprints, Mugshot, and DNA?

With the recent decision of the U.S. Supreme Court, law enforcement may now acquire a DNA sample without a warrant from those individuals charged with a serious crime.  Though the Court was sharply divided on the issue (as is typical), this particular issue created some strange bedfellows among the justices.  Regardless, the question remains whether such a decision constitutes an added layer of identification for law enforcement or an intrusion into that which makes us each unique.

http://www.huffingtonpost.com/2013/06/03/supreme-court-dna-samples_n_3378379.html

Many critics lament that there is nothing to stop the expansion of such a gathering program.  While such expansion remains to be seen, the fact-of-the-matter is that DNA sampling is sure to be a ubiquitous practice from this point forward.

Edward Snowden, the Constitution, and "Big Brother": What Does It All Mean?

Recent revelations provided courtesy of a brave/crazy NSA contracted employee have shed light on what many of us have suspected for some time -- secret government programs, devoid of accountability, and, at least on the surface, potentially violating the Constitutional rights of U.S. citizens.

http://www.cnn.com/2013/06/10/us/snowden-leaker-reaction/index.html?hpt=hp_t2

Leaks such as this invoke comparisons to a Jason Bourne movie or Jack Clancy novel.  And, there are debates on all sides as to the legality of the program, the morality of the unchecked observation, and whether the ends do, in fact, justify the means.  Regardless of where you stand, incidences such as this one remind me of how valuable our Constitution truly is.