November 2002

November 2002

 

Articles in this Issue

  1. Book Reviews: Extradition Volumes 1-3 and Federal Prison Guidebook 2002

    Book Reviews Various Authors November 2002 62 Extradition Volumes 1-3 By Michael Abbell Vol. 1: Extradition to and From the United States ($179), Vol. 2: Obtaining Evidence Abroad in Criminal Cases ($175), Vol. 3: International Prisoner Transfer ($169) Transnational Publishers, Inc. (10 Percent

  2. Daubert/Kumho Challenges to Handwriting Analysis

    Daubert/Kumho Challenges to Handwriting Analysis Lynn C. Hartfield November 2002 24 Admission of testimony from so-called handwriting “experts” has long been a source of frustration for defense lawyers, who have rightly suspected that such testimony belongs in the category of “junk science.” Until r

  3. Death Watch

    Death Watch Chris Adams November 2002 8   FBI expert admits to perjury Kathleen Lundy, a bullet lead analyst for the FBI, admits she committed perjury in the Kentucky prosecution of Shane Ragland. Shane Ragland was convicted this March for the 1994 sniper killing of Trent Digiuro, a University

  4. DWI: ‘Everything old is new again’: A new playing field for field sobriety test evidence

    DWI Bruce Kapsack November 2002 57   ‘Everything old is new again’: A new playing field for field sobriety test evidence A series of recent decisions handed down by our nation's courts have altered the legal landscape with respect to the admissibility of scientific, technical or specialized evi

  5. Friend of the Court

    Friend of the Court Lisa Kemler November 2002 35   Whether a Mirandized confession must be suppressed if it is tainted by unmirandized statements made voluntarily but elicited through deliberately improper police tactics? In light of the importance of the issue and the acknowledged bad faith on

  6. Grid & Bear It: Is ‘sinister sentencing’ here to stay? The Supreme Court fails to clarify the co

    Grid & Bear It Mark H. Allenbaugh November 2002 39   Is ‘sinister sentencing’ here to stay? The Supreme Court fails to clarify the constitutional line between crime and punishment Last March, I wrote an article 1 for Grid & Bear It predicting how the United States Supreme Court probabl

  7. In Praise of Courageous Federal Judges

    In Praise of Courageous Federal Judges Lawrence S. Goldman From the President November 2002 4  As a criminal defense lawyer, I have never been an unqualified fan of the federal judiciary. I have great respect for the institution, and perhaps because of that respect and my consequent high expectations

  8. IRS Wants You Tax Man Cometh

    IRS Wants You Tax Man Cometh Lawrence S. Horn November 2002 12 It is 8:35 a.m., and you are the first person to arrive at the office. The first pot of coffee has been brewed. You are ready to take your first sip when the phone rings. On the line is the president of your firm's best corporate client.

  9. NACDL News

    NACDL News Daniel Dodson November 2002 6   DOJ interpretation of USA PATRIOT Act would circumvent Fourth Amendment NACDL files brief supporting court's decision to limit relaxed searches to foreign intelligence cases NACDL filed a brief in late September asking the appeals court that operat

  10. Public Defense: 2003 marks the 40th anniversary of Gideon v. Wainwright

    Indigent Defense Lawrence S. Goldman November 2002 32   2003 marks the 40th anniversary of Gideon v. Wainwright Nearly 40 years ago, the United States Supreme Court held that “any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provide

  11. Reviews in Review: Rights of non-citizens; Eyewitness identification

    Reviews in Review Ellen S. Podgor November 2002 48   Rights of non-citizens David Cole Enemy Aliens 54 STAN. L. REV. 953 (2002) Professor David Cole provides a superb article that places in historical context the administrations handling of non-citizens in times of national security. He states

  12. RICO Report

    RICO Report Barry Tarlow November 2002 51   You can't take it with you — forget about forfeiture. Are you willing to go to jail? Recently, we discussed the travails of five defense lawyers fighting to save roughly $1.9 million in fees from forfeiture. See Fee Forfeiture: Getting it up Front May

  13. Trial by Design: Brainstorming the Criminal Defense Case

    Trial by Design: Brainstorming the Criminal Defense Case Cathy R. Kelly November 2002 18 Webster defines brainstorm as “any transitory agitation or confusion of mind.” Unfortunately, his less-than-glorious definition is probably a more accurate description of the trial lawyer's brainstorming process

  14. White Collar Crime: District court grants Rule 41(e) relief upon findings of material false statemen

    White Collar Crime Kathryn Keneally November 2002 43   District court grants Rule 41(e) relief upon findings of material false statements by special agent In a decision with a name that starts to tell the story - In re Search of Law Office, Residence, and Storage Unit 1 - the District Court fo