Monthly Archives: May 2010

May 18, 2010
8:49 pm
by: Bobby G. Frederick

How courts chill effective advocacy

Via Law of Criminal Defense, a lawyer in Detroit is facing contempt proceedings for filing a motion requesting formal notice of whether a victim’s mother would speak at a sentencing hearing, following the defendant’s conviction for child pornography. Prior to … Continue reading →

Posted in Ethics

May 18, 2010
7:59 am
by: Bobby G. Frederick

A bit more on Comstock

The NYTimes yesterday noted that Elana Kagan, Obama’s nomination for the USSCT, had argued in favor of the government in this case: At the argument of the case in January, Solicitor General Elena Kagan, now President Obama’s pick for the … Continue reading →

Posted in Appellate Opinions, Mental Illness and the Justice System, Sex offenders

May 18, 2010
12:32 am
by: Bobby G. Frederick

Graham and Comstock

Two important criminal defense related opinions were released by the USSCT today – Graham v. Florida and United States v. Comstock. Graham holds that sentencing a juvenile to life without parole is cruel and unusual punishment in violation of the … Continue reading →

Posted in Appellate Opinions, Juvenile criminal defense, Sex offenders

May 16, 2010
3:50 pm
by: Bobby G. Frederick

Police misconduct in Sumter and Lee Counties

The Sumter County Sheriff’s Office fired Sergeant Alexander Dukes and accepted the resignation of Investigator Dominick West last week, following numerous disciplinary violations, although no criminal charges have been filed against either. In addition to not following department policy regarding … Continue reading →

Posted in Police Misconduct

May 16, 2010
3:42 pm
by: Bobby G. Frederick

Anonymous callers

Periodically I get phone calls from people who refuse to give me a name – they want legal advice, they want a consultation about their situation, or they just “have questions,” but they are not comfortable telling me who they … Continue reading →

Posted in Ethics

May 15, 2010
10:50 pm
by: Bobby G. Frederick

The “war on drugs” has failed, enough already

The failure of the war on drugs is a recurring topic on many criminal defense and political blogs, to the point where those of us who read blogs were probably bored with the news long ago. But the madness continues, … Continue reading →

Posted in Addiction and the law, War on drugs

May 13, 2010
9:31 pm
by: Bobby G. Frederick

Addition of sex offender conditions to probation

In State v. Hicks, decided May 3, the S.C. Supreme Court denied Hicks’ appeal from the addition of sex offender conditions to his probation on grounds that there were two additional grounds for HIcks’ revocation that his attorney did not … Continue reading →

Posted in Appellate Opinions, Probation revocation, Sex offenders

May 13, 2010
9:07 pm
by: Bobby G. Frederick

Former Ninth Circuit asst. solicitor suspended for 6 months for pointing and presenting a firearm

On May 11 the S.C. Supreme Court ordered a six month suspension (retroactive) for a former Ninth Circuit (Charleston and Berkeley Counties) asst. solicitor who pulled his pistol on another driver in a road-rage incident. The Court allowed for a … Continue reading →

Posted in Ethics

May 13, 2010
8:25 am
by: Bobby G. Frederick

Former North Charleston police officer busted with house full of explosives

Former North Charleston police officer Joe McFarlin was arrested this week in New Mexico on allegations that he possessed enough explosives to blow up an entire neighborhood. McFarlin worked for the bomb squad and the explosives were allegedly taken from … Continue reading →

Posted in Police Misconduct

May 12, 2010
10:43 pm
by: Bobby G. Frederick

The warrior

Out of every one hundred men, ten shouldn’t even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior … Continue reading →

Posted in Poetry and music