Author Archive | Paul Cassell

“Exonerated” Former Death Row Inmate Reconvicted

Over at Crime and Consequences, Kent Scheidegger has a couple of interesting posts on former death row inmate Timothy Hennis.  He was found guilty yesterday of premeditated murder by a military jury, even though he has long been listed on the “innocence list” maintained by the Death Penalty Information Center.  Of course, it is possible […]

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Scott Matheson – Excellent Nomination for the Tenth Circuit

On Wednesday, President Obama nominated University of Utah law professor Scott Matheson for the Tenth Circuit.  This is the kind of kind consensus nominee for a judgeship that deserves wide support.   Matheson (a colleague of mine at the law school school) has a resume that makes him a extremely well qualified for the federal bench.  […]

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The “Demon Sheep” Video

[youtube]http://www.youtube.com/watch?v=yo7HiQRM7BA[/youtube]I’m at an academic conference at Stanford Law School this weekend and have had my attention drawn to the latest internet sensation: The “Demon Sheep” Video.  The video was produced for Carly Fiorina’s Republican  Senate campaign.  It is a 3 and 1/2 minute “attack ad” against Tom Campbell, a respected former Stanford law professor and congressman.  […]

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No Manslaughter Defense in Abortion Doctor Murder Case

  I have previously argued that the trial judge presiding over the murder trial of Scott Roeder for killing abortion doctor George Tiller should not give the jury a manslaughter instruction.  Yesterday the trial judge reached the same conclusion, declining to give such an instruction.  The judge’s ruling will force the jury to essentially choose between the […]

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More Criticism of Mirandizing the Christmas Day Bomber

Yesterday I expressed my concern about the decision to Mirandize the Christmas day bomber.  Today’s Wall Street Journal has this excellent editorial forcefully criticizing the Administration’s decision to do so.  Here’s an excerpt: On “Fox News Sunday,” Chris Wallace asked White House Press Secretary Robert Gibbs whether the President was told that Abdulmutallab was Mirandized after only […]

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Mirandizing the Christmas Day Bomber — Why?

Over at Crime and Consequences, former federal prosecutor Bill Otis has this insightful analysis about the interrogation of the Christmas day bomber, who reportedly was given Miranda warnings and then stopped providing useful information shortly thereafter.  Otis quotes the Washington Post’s editorial on the subject, which attacks the administration as follows:   UMAR FAROUK Abdulmutallab was […]

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New Electronic Clerkship Applications Deluged Federal Judges

  The ABA Journal has this short article on the rising number of federal judicial clerkship applications.  It contains the interesting factoid that there was a 66% increase in the number of on-line applications for federal clerkships last hiring season.   Apparently the number of applications was so great that some judges simply stopped reading them.

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Self-Defense and the Kansas Abortion Case

There has been lots of media attention to the Kansas abortion case, in which defendant Scott Roeder plans to tell a jury that his slaying of Wichita doctor George Tiller was voluntary manslaughter.  Typical is this New York Times article.  The defendant plans to argue that what would otherwise seem to be cold-blooded, first degree murder was in […]

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Too Many Law Schools?

So argues this op-ed piece in the L.A. Times.  Here’s a snippet of the argument: Remember the old joke about 20,000 lawyers at the bottom of the sea being “a good start”? Well, in an interesting twist, thousands of lawyers now find themselves drowning in the unemployment line as the legal sector is being badly […]

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Televised “Show Trial” on Proposition 8?

Over at NRO, Ed Whelan has been following some bizarre manuevering by the federal district court judge in the Northern District of California who apparently is trying to have a televised “show trial” regarding Proposition 8.  Without getting into the merits of Proposition 8 or the legal challenges to it, I agree with Whelan that it seems […]

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ALI Pulls Model Death Penalty Statute

The American Law Institute has decided to pull its model death penalty statute, as recounted in this New York Times article.  As Kent Scheidegger points out in this detailed post, the action was not  intended to be a statement by the ALI that the death penalty should be abolished.  Nonetheless, that appears to be the spin […]

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Restitution for Victims of Child Pornography

Yesterday U.S. District Judge Patrick Schiltz of the District of Minnesota issued an interesting order regarding a restitution application in a child pornography case.   In his order, found here, Judge Schiltz chastises the government for failing to pursue restitution for child pornography cases in his district, even though Congress has made restitution mandatory in such cases.  […]

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