The Third Circuit plans to rehear en banc a case limiting the scope of the Davis good faith exception to the exclusionary rule. Read Orin Kerr’s analysis of the problem on The Volokh Conspiracy.
Is there a national epidemic of Brady violations? Ninth Circuit Judge Alex Kozinski thinks so, and he wants to see prosecutors penalized for them. Read about it here.
How do you use a brain scan to defeat the death penalty (or, perhaps, other harsh sentences). Click here for one defense team’s strategy.
Suppose a judge schedules a pretrial conference in your case at the same time as your office holiday party. What should you do? Hint: Don’t file a motion arguing that “defendants and their counsel should not be made to be at the beck and call of the court” and that forcing counsel to miss the firm’s pre-planned Christmas party is “patently unfair.” The judge’s reply: Too bad. “The court will trust that there will be no long-term emotional damage.” Above the Law presents this saucy take on the story.
Just 12 shopping days left before the big holiday! You can take care of that lovable lawyer on your list here and now with the ABA Journal’s guide to the best 2013 holiday gifts for lawyers. How about the shark sleeping bag with removable dorsal fin pillow for snoozing in the office or the Dine Ink Utensil set for lunching at your desk? Click here. If you don’t like the ABA’s guide, then try Above the Law’s 2013 Holiday gift guide here. The free legal advice grenade paperweight or the “approach the bench” chess set might be just the ticket!