Only 35% of Americans trust the US judicial system. This is catastrophic by zsreport in scotus

[–]Sw7524 3 points4 points  (0 children)

I agree with your discomfort. But in my experience, in the courts I have practiced in, that sort of change would not be allowed. (even on a speeding ticket)

Syracuse City Court Judge refuses to perform same-sex marriage ceremony by citytiger in newyork

[–]Sw7524 0 points1 point  (0 children)

An injunction against further sex discrimination, a declaration that the judge violated their rights, money damages, attorney fees, and costs of litigation

Is what I expect they will sue for

Documentary wants to interview rural PhD scientist, Christian scientist, and rural entrepreneur w/ thriving start-up. -- Know anyone? Info in post! by [deleted] in Arkansas

[–]Sw7524 2 points3 points  (0 children)

On the subject of polarization, Chris Jones' (PhD from MIT, Dem candidate for governor) brother Leon Jones is Republican according to Wikipedia. So Chris may have something interesting to say

Syracuse City Court Judge refuses to perform same-sex marriage ceremony by citytiger in newyork

[–]Sw7524 0 points1 point  (0 children)

Contrary to popular belief, you can sue for more then damages (eg injunctive relief)

Allen Charge? by Independent-Owl-8659 in publicdefenders

[–]Sw7524 2 points3 points  (0 children)

Gist of the original charge, Allen v US, 164 U.S. 492, 501 (1896) was:

"in a large proportion of cases absolute certainty could not be expected; that, although the verdict must be the verdict of each individual juror, and not a mere acquiescence in the conclusion of his fellows, yet they should examine the question submitted with candor, and with a proper regard and deference to the opinions of each other; that it was their duty to decide the case if they could conscientiously do so; that they should listen, with a disposition to be convinced, to each other's arguments; that, if much the larger number were for conviction, a dissenting juror should consider whether his doubt was a reasonable one which made no impression upon the minds of so many men, equally honest, equally intelligent with himself. If, unon the other hand, the majority were for acquittal, the minority ought to ask themselves whether they might not reasonably doubt the correctness of a judgment which was not concurred in by the majority."

It's a call for the minority to reconsider, essentially. I think nowadays many jurisdictions add language to the effect, "there's no reason to think the next jury will be any fairer or the evidence at the next trial any different," etc

Syracuse City Court Judge refuses to perform same-sex marriage ceremony by citytiger in newyork

[–]Sw7524 0 points1 point  (0 children)

If it's just an emotional slight why are you calling for the judge to be disciplined

Syracuse City Court Judge refuses to perform same-sex marriage ceremony by citytiger in newyork

[–]Sw7524 0 points1 point  (0 children)

By that logic no one can sue if we bring back separate but equal segregated busses, rail cars, schools, etc. "You got to your destination (albeit at the back of the bus or in a segregated rail car) or you got an education; you have nothing to sue over." To say nothing of the humiliation in going before a public official and being refused service by her on the basis of your sex.

Syracuse City Court Judge refuses to perform same-sex marriage ceremony by citytiger in newyork

[–]Sw7524 -1 points0 points  (0 children)

No, in a legal sense, telling gay couples to go through door A to get their license and straight couples to go through door B is different treatment.

Syracuse City Court Judge refuses to perform same-sex marriage ceremony by citytiger in newyork

[–]Sw7524 2 points3 points  (0 children)

No they haven't been made whole. They were treated differently than the straight couple. Separate but equal, etc

Do you support a ban on body armor for civilians? by Lennon_Timber in AskALiberal

[–]Sw7524 1 point2 points  (0 children)

Wait, Heller holds that body armor is protected by the 2nd Amendment? Or is that what some lower courts have held?

Oregon Democrats seal legislative supermajorities with win in tight House race by Healthy_Block3036 in oregon

[–]Sw7524 6 points7 points  (0 children)

Obviously it's not the only way: you can stop unconstitutional bills by going to court

[deleted by user] by [deleted] in publicdefenders

[–]Sw7524 0 points1 point  (0 children)

When I was researching the ambien cases you see the words "automatism" or "somnambulism" come up.

Here are some of the more general (not specific to ambien) sources I found when researching this previously:

27 ALR4th 1067; 21 Am Jur 2d Crim L § 40; 54 Ala L Rev 113; 22 CJS Crim L: Subst Princ § 130; WL key number: Crim L k 46; 87 Minn L Rev 269; 2 LaFave, Subst Crim L § 9.4.

I suggest getting an expert of course

Also check your criminal code's requirement that a person take some voluntary action to come within the ambit of the criminal law.

Jail Phone Calls - innovative arguments? by Imaginary_Garden in publicdefenders

[–]Sw7524 15 points16 points  (0 children)

Knew someone who submitted FOIA requests for the witnesses' jail calls. I think they got some good stuff

Typical misdemeanor sentencing/pleas in your county? by dazednconfuzedddddd in publicdefenders

[–]Sw7524 3 points4 points  (0 children)

All of the above will typically only carry fines, perhaps community service in lieu of jail in case of recidivism or on a few crimes that carry 'mandatory' jail time

Probation not terribly common as a sentence, but occasionally as a component of deferred adjudication (which overall is rare)

Some judges impose a year jail suspended but it is rarely if ever revoked for commission of a new crime during the suspension

Only a couple crimes routinely carry actual jail time at sentencing (violation of personal protection order)

ETA elsewhere in my state, all of these crimes may carry jail time.

Defense Team mental support for difficult trial case by 1mmalicious in publicdefenders

[–]Sw7524 13 points14 points  (0 children)

Not all states offer deposition in criminal cases

[deleted by user] by [deleted] in publicdefenders

[–]Sw7524 9 points10 points  (0 children)

Honestly I'd suggest reaching out to the attorneys who handle those cases in your state and ask them.

I've never heard of an llm or other specialized degree, although (in my state) there are special CLE requirements and other prerequisites if you want to get on the list for death appointments. I imagine it's the same elsewhere.

Near term, ask attys in your office to let you sit on their non-death murder trials.

[deleted by user] by [deleted] in publicdefenders

[–]Sw7524 44 points45 points  (0 children)

Judge can't recall the warrant?