Rape cases are often the most difficult cases to handle. Many attorneys shy away from them, not wanting to be involved in cases that involve the kinds of facts that arise in these cases. Frequently the issues raised strike close to home for many attorneys, jurists, and jurors. Almost everyone knows someone who has been raped or sexually assaulted. Many people know someone, including themselves, who may have ended up doing things while highly intoxicated that they…

People are often confused by the terms homicide, murder and manslaughter.  When reading the newspaper, they wonder why one defendant gets life for murder, while another person gets probation for manslaughter, which, in a way, sounds worse than murder.  It even gets more confusing when people are confronted with terms like felony murder.  After all, aren’t all murders felonies? Here is a brief explanation of the terms, with some specific referenc…

The Erosion of the Right to a Public Jury Trial and a Defendant’s Right to Presence Meeks is of particular import to me as it was issued just after the Eighth Circuit issued United States v. Picardi, a case that I was personally involved in as appellate counsel. Picardi is also a case where the defendant’s right to be personally present during important phases of his criminal jury trial was limited. Meeks is a federal drug conspiracy case involving two brothers. …

At least once a month this scenario plays out in my conference room.  A client, usually a younger male, sits at my table, staring at the charging documents in his hands.  He has just been served with a criminal complaint that alleges that he committed an assault.  With a puzzled expression on his face he asks, “How can I be charged with an assault?  I never laid a finger on him!”  Or, he says, “I barely touched him . . . he didn’t have a …

One of my best professors in law school was Peter W. Tague. I took his evidence and criminal law courses at Georgetown Law, and he knew the subjects well. More importantly, unlike many of my other professors, he had actually practiced law before he taught. He had been a public defender in California during the late 1960’s and had tried a lot of cases. What really made Professor Tague stand out was his humility. I’m sure he won many cases at trial, and got many ot…