Failing to Comply
The recent opinion from Division One of the Arizona Court of Appeals in State v. Burke deals with the issue of whether A.R.S. § 28-622(A), a law involving failure to comply with a police officer, is unconstitutionally vague. The law provides as follows: A person shall not wilfully fail or refuse to comply with any lawful order or direction of a police officer invested by law with authority to direct, control or regulate traffic. The facts of the actual case, as the court explains them, seem pretty simple: This case arises out of a routine traffic stop. After Burke allegedly failed to stop at a stop sign, a police officer pulled Burke over, asked him for his license and registration, and directed him not to move his vehicle. Burke disobeyed the instructions, drove … Read entire article »
Filed under: Arizona Cases, Police
Still Writing…
My steady stream of posts goes on at Mimesis Law. Here are links: Whatever you do, don’t name the misbehaving prosecutor or let the defendant get away with anything (because he’s totally guilty anyway). This is how false confessions happen. Being named Bradley Scott Johnson is apparently a crime punishable by four days in jail. They pretty much throw darts to decide who gets charged and who gets the prosecutors to play tiny little violins in support of their innocence. Throw all the books you want at drug offenders, it ain’t gonna make a damn difference. Cops get lucky, people pretend we didn’t all know that was what was gonna happen. Sometimes getting arrested is worth it. A statutory rape goes from shitty to less shitty. And here’s my last one (until tomorrow): Quit trying to justify your gawking. BONUS: I got … Read entire article »
Filed under: Uncategorized
I’ve Been Writing
It might seem a bit dead around here, but I’ve actually been blogging more than ever since the beginning of August. It’s all over at Mimesis Law, however. Here are tl;dr synopses of the posts, with links: Sometimes judges do a good job with rulings involving technology. Black people matter more than lions. Courts couldn’t care less about the horrific life of a defendant. Screwing people more gently isn’t really such a big deal. The Black Lives Matter agenda could do a better job of putting the power in the hands of victims and their families. There’s no such thing as too crazy for “justice.” Kim Davis is committed, but she’s hardly worthy of praise. Sometimes, stopping government overreaching trumps prosecuting perjury and convicting the guilty. Close to home is easier than fair. Not every senseless murder supports your position. For … Read entire article »
Filed under: Uncategorized
A Terrible Idea All Around
It seems that ABATE of Arizona, which I would like to think of as a rights organization, has decided to support a statewide law against texting while driving. The proposed statute would create penalties of $100.00 for a first offense and $300.00 for second and subsequent offenses, and fines of $500.00 where there is an accident and $10,000.00 where death results from the accident. The proposed law is not only pointless and maybe even dangerous, but it is more or less guaranteed to further erode our rights. It is not the sort of thing any purportedly freedom-loving organization should ever support. First, as others have noted before me, we have plenty of laws to deal with the problem already. If your texting results in even the slightest … Read entire article »
Filed under: Uncategorized
Concealed Weapons In Arizona – Apparently Way Too Confusing For Lawyers
An out of state lawyer called me earlier today with questions about Arizona’s concealed carry law. As we spoke, I Googled “misconduct involving weapons az” to pull up the statute. The law was the first result, as it should be. I also noticed law firm websites, some belonging to lawyers I know, made up the majority of the remaining results on the first page. After the call, I clicked through to the lawyers’ websites out of curiosity. The first said “The following are punishable by up to 6 months in jail…carrying a concealed weapon without a permit.” It also included this: “Call us right away, anytime for an evaluation of your case and some expert advice.” The second said “Class 1 Misdemeanor Misconduct Involving Weapons … Read entire article »
Filed under: Arizona Statutes, Marketing
Lenity?
Imagine that you are appearing in front of an Arizona Superior Court judge for your sentencing and are scared to death. Your trial had all sorts of obvious errors, but you were convicted of a felony DUI charge anyway. You are being sent to prison, and you want to appeal. The judge tells you that your notice of appeal must be filed “within 20 days after the entry of judgment and sentence.” If you are like the hundreds or maybe even thousands of people I have represented at sentencing hearings in cases of all sorts, you would probably just be doing everything you could to avoid fainting. Your life is ruined. You probably failed to hear a single thing the judge said. Your reasonable lawyer might … Read entire article »
Filed under: Arizona Cases
A Pony Post for Ken
When internet marketing folks try to pimp their guest-blogging services to Ken at Popehat, he asks them for pony-related articles. Here’s a recent response to a request for a guest post: Hi David, My name is Ken and I was checking out your email. I have seen that you have written guest posts for various blogs. David, I am excited to Know that you are open to my questions/ideas about possible guest posts about law and legal topics. Here’s a topic that interests us at Popehat: how does the law classify ponies vis a vis horses? David, until recently we were under the impression that ponies were simply teenaged horses. That would explain their impetuous and dangerous behavior. Everyone knows that teenagers act badly. Time Magazine has been warning us about teenaged super-predators for … Read entire article »
Filed under: Uncategorized
The Source
Lawyers as a group tend to be dissatisfied. They’re dissatisfied with the work they’re doing. They’re dissatisfied with the money they’re making. Clients are frustrating, courts are frustrating, and the practice of law isn’t what they thought it would be. Why? The truth is that the work is great. It’s intellectually challenging. Maybe not if you’re shuffling one client after another through an assembly line, but if you’re litigating cases and going to trial when appropriate, it’s everything any bright-eyed law student could ever hope for. It’s an intellectual feast. The money is also great. Even with law school debt, bar exam debt, business-starting debt, and whatever personal baggage you bring in, your time is still worth an enormous amount of money. Good … Read entire article »
Filed under: Government Rants
When Justice Is Corruption And Injustice Is The Law
Via one of my favorite blogs, the ever-fantastic Philly Law Blog written by Jordan Rushie and Leo M. Mulvihill, Jr., whose beard-mentoring qualifications give me beard envy and whose fashion sensibilities continue to intimidate me into wearing plaid for every occasion, respectively, came this amazing little report. In case you don’t want to click through, the report details all kinds of favorable treatment given to important people by Philadelphia’s traffic courts. Unlike most thirty-plus page reports about a court in a different state, I felt compelled to read it. I’m glad I did. The report tells a story of judges giving “special consideration” to people with power. It explains that judges routinely helped the politically connected individuals get all kinds of benefits, even when no express request … Read entire article »
Filed under: Government Rants
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