There are rumors in college that her husband is gay; some think he married her because he’s a political climber... Considering she didn’t give an interview but he was all over the article, it doesn’t surprise me.

There was a softball piece about Sarah Huckabee Sanders on Politico this weekend as well. A lot of the press corps were saying how she’s professional and won’t misdirect them if they go to her directly. The whole thing smacked of sycophancy and reporters trying to not lose their access. Even if she is pleasant one on…

I agree that the rules are unfair and unworkable but it usually affects the accused. Other acts evidence is very tricky- for one, I don’t think a lot of judges understand the law around it and admit other acts evidence that doesn’t fit a specific evidentiary hypothesis (knowledge, ID, lack of mistake, MO, etc.) I…

Davis v. Alaska, 415 U.S. 308 (1974) holds you can cross examine witnesses about any motive or bias they may affect their testimony as part of your Sixth Amendment right to confrontation. The line of questioning goes to the argument that she wasn’t raped but rather she was having an affair with a married man and is…

What specific rules of evidence would you change? Rape shield laws exist in most jurisdictions even though most judges don’t understand them and don’t allow relevant evidence. Changing the rules for any type of charged offense implies that the person charged is guilty, undermines due process, confrontation, the right…

The devil is in the details. The fear is that new laws will be poorly or vaguely worded so a number of activities could be criminally charged. A lot of laws enumerate specific prohibited acts but often include vague/catchall language at the end. For example, “and all other acts...” The intention behind these laws is…

I’m a female public defender and my mind was blown when I found out there had been a settlement that had not been part of the original case. I can’t remember if his previous team didn’t try to bring it in or if they did but the judge denied their request. Either way, had he been convicted, it would have been an…

If you have a good faith belief the demonstrative will be introduced into evidence then you can use it during opening, at least where I practice. I thought it was more objectionable the way the DA was using the settlement- if Pennsylvania follows the FRE, FRE 409 prohibits the use of payment of any settlement in a…

Do you have any idea what you’re talking about? Because you sound like all the ignorant commentators on Breitbart, Fox, etc. when it comes to criminal justice matters. Recidivism is high because of positions that you have advocated in your posts- extreme punishment that doesn’t go rehabilitation or addressing the…

Probation is not a time out- it’s an alternative to incarceration. Now, if he does not comply with all the terms and conditions of probation, including participating and successfully completing sex offender treatment, then he’s looking at that original penalties for the charge he was put on probation for. So if he…

That exchange about how liberals had stripped away cultural norms that protected women reminds me of a passage in The Handmaid’s Tale when Aunt Lydia explains that there’s “freedom to” and “freedom from.” How the old standard was women were free to do whatever they wanted but it came at the risk of violence against…

It’s not just “some” supervision- again, going back to original point that Jezebel, along with other media outlets and commentators, making these sweeping statements about criminal sentences without having the most basic understanding of the criminal system. Clearly you have no experience or understanding of the…

Probation and parole are two different things. Parole is a period of supervision after you have served a DOC sentence; if parole is violated, you can be sent back to DOC for the remainder of your parole period (if you’re serving 5 years parole, are out for 3 and then violate, you go back for 2 years) or the parole…

THIS. The problem is that this conversation requires patience, nuance, and acceptance by all people involved that they may be wrong about certain aspects of this conversation. But I think those types of conversation have gone by the wayside because we now live in a society in which people equate the loudest voices…

It does read like a conspiracy theory but given the breadth and magnitude of prosecutorial misconduct here in the States, especially the purposeful withholding and destruction of exculpatory evidence, I wouldn’t put this behavior past the DA’s. I practice in a jurisdiction where DA’s who prosecute domestic violence…

I know; I’m a practitioner but where I practice you can still appeal a sentence that resulted from a plea agreement if you can show abuse of discretion by the judge. I’m wondering if that’s possible in Michigan and if so, will it be appealed.

But not all 156 people making victim impact statements were named victims or even had charges filed with their names. Sentences, at least where I practice, can be appealed even when he pleads guilty if there is an abuse of discretion. The fact that she allowed people to make victim impact statements when they were not…

My concern is whether sentences, even if they stem from plea bargains, can be appealed in Michigan. If I were his lawyer, I would appeal that sentence immediately particularly because her comments from the bench during sentencing evince massive hostility towards him. That’s not say he isn’t a monster but that type of…

So the MOCA, the test he administered, is often one the test psychologists or psychiatrists administer when competency has been raised on someone who is criminally charged. It only tests whether you can recall information that was just given to you, it is not a psychological assessment in any way, shape, or form. I’ve…

I know; it’s not like we have more recent example like the 2016 election where the majority of white, college educated women voted for a man who called Mexicans rapists and drug dealers, took out out a full page ad advocating for the death of penalty of five youths who were later fully exonerated and he continued to…