Archives
- 2012.05.18: The Fourth Circuit Holds That If The Police Prevent Your Car From Legally Moving, They Have Seized You
- 2012.05.17: Why It Is Probably Better To Pick Up The Phone of Someone You've Shot Than To Take Their Phone At Gunpoint Then Shoot Them
- 2012.05.16: A District Judge Can't Sanction A Lawyer For Filing A Motion Even If He Really Hates The Lawyer's Client; Also, a 60-Year Sentence Requires A lot of Explanation
- 2012.05.10: The Third Circuit Says It Is Hard To Abuse The Trust of Someone Who Doesn't Trust You, Especially If That Someone Is The IRS
- 2012.05.09: The Eleventh Circuit On Tax Crimes and Grouping Under the Sentencing Guidelines
- 2012.05.08: The Sixth Circuit Remands For Resentencing Because The Guidelines That Didn't Apply To The Person Being Sentenced Changed
- 2012.05.03: The Eighth Circuit Holds That Omaha Police Can't Run Into A Hotel Room Without A Warrant Even When They Just Finished A Very Exciting Chase And Are Proud Of Themselves For Finding The People They Were Looking For
- 2012.05.02: Judge Posner, Heraclitus, And The Chicago Mob
- 2012.04.26: The Eleventh Circuit Holds That A District Court Can't Ask Folks Who Have Been Charged With A Crime If They've Talked About A Plea Yet
- 2012.04.24: The Fourth Circuit Sends A Cockfighting Case Back For Retrial Because of Wikipedia
- 2012.04.20: A District Court Cannot Take Away Alcohol And Technology For The Rest Of A Person's Life Without Explaining Why
- 2012.04.18: The Ninth Circuit On Expired Credit Cards
- 2012.04.17: The D.C. Circuit Holds That Safety Valve Is Still Available Even If A Person Comes To The Truth Late
- 2012.04.13: Chief Judge Kozinski Celebrates The Diversity Of Computer Misuse
- 2012.04.12: A District Court's Statements At A Plea Hearing Can Change The Meaning of A Plea Agreement; Or, Why To Read Junk Mail Carefully
- 2012.04.10: Ineffective, But Laudable, Counsel
- 2012.04.05: Phone Calls From Africa To Kentucky Cannot Be Prosecuted In Virginia, Even If Virginia Is Where You Thought About The Fraud You'd Do On The Phone Call
- 2012.04.03: Do People Convicted of White-Collar Crimes Have The Most To Gain From The Supreme Court's Recent Decisions On Ineffective Assistance Of Counsel?
- 2012.04.02: You Can Subscribe To The Federal Criminal Appeals Blog By Email
- 2012.03.29: Statutory Rape Is Not A Crime Of Violence
- 2012.03.27: What You Tell Your Mother Can Be Used At Your Trial (though, in this case, that's a good thing)
- 2012.03.23: Using An AUSA's Name In A Published Opinion And The Streisand Effect
- 2012.03.21: The Police Cannot Search Your Car To Kill Time While They Wait For Your Aunt To Give You A Ride
- 2012.03.19: Just Because It's A Supervised Release Hearing Doesn't Mean There Are No Rules
- 2012.03.18: Assistant Federal Defender Job Opening In Milwaukee
- 2012.03.14: Why You Should Screen The People You Smoke Marijuana On A Porch With
- 2012.03.13: A Fifth Circuit Opinion Shows Why People Would Want to Take Every Case To Trial, Even Though It's a Really Bad Idea
- 2012.03.11: Why You Will Not Go To Jail For Using Comic Sans In A Pleading In Federal Court (Though Maybe You Should)
- 2012.03.07: Collateral Estopel In A Criminal Case; If You Might Be A Citizen Once, You Might Be A Citizen Forever
- 2012.03.05: Pro Competitive Bid Rigging Is Not A Crime, Or, This Chicago Garbage Bid Doesn't Stink
- 2012.02.28: Judge Posner On Harboring, the Dictionary, and Trusting the Government
- 2012.02.27: An Internet Child Pornography Sting In The Eleventh Circuit, Obstruction of Justice Has More Stringent Pleading Requirements
- 2012.02.23: The Fifth Amendment Protects You From Being Compelled To Unencrypt Your Hard Drive, According to the Eleventh Circuit
- 2012.02.15: Proving the Measure of Things At Sentencing - The Fourth Circuit Remands For More Explanation
- 2012.02.14: Bad Forms And Bankruptcy Fraud - The Fifth Circuit Vacates A Conviction Based On An Ambiguous Form
- 2012.02.10: If You're Going To Hit A Cop, It's Better To Wait Until After The Cop Finds Your Gun (though it's better still not to hit a cop in the first place)
- 2012.02.02: Business Crimes Can't Be Proven Just By The Company You Keep; The Sixth Circuit Reverses For Insufficient Evidence
- 2012.01.29: No Crime, But Still A Cover-Up; Another Skilling Reversal In A Public Corruption Case
- 2012.01.23: Guns and Weed: The Fourth Circuit Remands on the Second Amendment for Marijuana Users
- 2012.01.22: The Bad Things You've Done Can Make You Look Bad
- 2012.01.18: Health Care Billing Fraud In The Bayou
- 2012.01.17: Sometimes The Problem With The Jury System Is The Jurors
- 2012.01.10: Friendship Means A Lot In Philadelphia, And Why Honest Services Fraud Just Isn't The Same After Skilling
- 2012.01.09: Threatening A Corporation Is Not A Crime, Even On Super Bowl Sunday
- 2012.01.06: Paying For Drugs Is Not Money Laundering
- 2012.01.04: A Tale of Two Circuits
- 2012.01.03: The Police Cannot Take A Knife To Your Penis On A City Street
- 2011.12.20: Running From A Courtroom And The Armed Career Criminal Act
- 2011.12.19: How To Help Hundreds Of Women Who Have Been In The Criminal Justice System
- 2011.12.18: Tax Restitution Trips Up A District Court Judge In The Seventh Circuit
- 2011.12.16: Over-posting To Twitter Is Not A Crime
- 2011.12.15: The Right To Not Remain Silent
- 2011.12.14: Safety Valve, Government Power, And Marijuana in the Woods of Arkansas
- 2011.12.09: Ms. Tapia Wins! Again!
- 2011.12.08: The First Circuit Vacates A Plea
- 2011.12.05: Club Rules, Prejudicial Evidence, and Hard Distinctions About Child Pornography
- 2011.12.01: The 2011 ABA Journal Blawg 100
- 2011.12.01: The Sixth Circuit Gives The Sixth Amendment's Speedy Trial Right Teeth
- 2011.11.29: Two Ways To Think About Punishment
- 2011.11.22: Change The Seventh Circuit, If Not The Department of Justice, Can Believe In
- 2011.11.15: Defendants Win A Fourth Fourth Circuit Fourth Amendment Case In Four Months
- 2011.11.08: The Ninth Circuit Sends A Memo To Prosecutors About Closing Arguments
- 2011.11.07: The Government Can't Use An Expert To Introduce Prior Law Enforcement Contacts At Trial, According to the Ninth Circuit
- 2011.11.06: Cuba, Baseball, Immigration Policy, and Crime
- 2011.11.02: The Fourth Circuit Makes Testifying At Trial In One's Own Defense Ever So Slightly Less Of A Roll of The Dice
- 2011.11.01: The Fourth Circuit Sends A Case Back; or Why You Can't Trust A Probable Cause Affidavit
- 2011.10.25: The Sixth Circuit Reverses On A Terry Stop: or, Even Appellate Judges Feel Bad For People Who Are So Scared They're Shaking
- 2011.10.24: It Is Not Good To Commit New Crimes While On Pretrial Release
- 2011.10.21: What's Fair For the Goose Is Maybe Not The Same For the Gander; Immunity Orders And The Ninth Circuit
- 2011.10.20: The Seventh Circuit, Plain Error, And Fines That Shouldn't Be Imposed
- 2011.10.19: The Ninth Circuit On When The Guidelines Fail Us
- 2011.10.18: The First Circuit, Federalism, and the Department of Justice's Distaste For Rejection
- 2011.10.17: The Supreme Court Is Thinking About Stolen Valor
- 2011.10.16: Things Look Different Around Here
- 2011.10.12: An En Banc Fourth Circuit Remands On An Armed Career Criminal Act Case
- 2011.10.06: The Eighth Circuit Holds That Health Care Kickbacks Are Different Than Fraud
- 2011.10.04: The Miranda Analysis Is Different For the Military, Says the First Circuit
- 2011.10.03: Judge Posner Teaches District Court Judges How To Avoid The Supreme Court's Holding in Tapia
- 2011.09.30: The Ninth Circuit Holds That Once The Government Is Done Investigating You, You Get To See The Warrant That Let Them Into Your House
- 2011.09.29: Bribery in New Jersey. No, really.
- 2011.09.28: Immigration Fraud and the Sentencing Guidelines Numbers Game
- 2011.09.28: The Increasing Number of Ways The Feds Can Prosecute You Troubles The Wall Street Journal
- 2011.09.27: Conrad Black Writes About His Prosecution
- 2011.09.27: Retroactivity In The Federal Sentencing Guidelines and The Parol Evidence Rule
- 2011.09.27: New York Times Uncovers A Trial Penalty In Federal Cases. Also, the Sun Rises.
- 2011.09.23: Mortgage Fraud Is Not Money Laundering, Or, Why Not To Buy A House With A Drug Dealer
- 2011.09.22: Money Laundering, Obstruction of Justice, And A Full-Service Lawyer
- 2011.09.22: My Guest Post on the ACS Blog on the War on Drugs
- 2011.09.21: Important White-Collar Crime Decision By the Federal District Court in D.C.
- 2011.09.20: The "Snowstorm" That Wasn't There, or, Why DNA Doesn't Get Collected From Every Misdemeanant On Probation
- 2011.09.19: Judge Posner on Narcotics Wholesalers and Drug Quantity
- 2011.09.16: The Federal Government Asks The Ninth Circuit To Hear The Obama Threats Case En Banc
- 2011.09.16: The Ninth Circuit Rejects A Car Search In Mr. Rodger's Neighborhood
- 2011.09.15: A Clever Defendant In The Ninth Circuit Wins, Then Loses, Arguing Double Jeopardy
- 2011.09.14: Sex Offenders, Supervised Release, and The Eighth Circuit
- 2011.09.13: The Seventh Circuit Reminds Us That Loss Is Not Equal To Restitition (also, pleading open has benefits).
- 2011.09.12: Dismiss a Case Because of a Speedy Trial Act Violation? Not so fast.
- 2011.09.09: A Federal Judge Dismisses An Indictment On A Pretrial Motion Based On Determination About The Facts In The Case, And All I Do Is Complain
- 2011.09.09: The Second Circuit Joins The Ninth In Rejecting Restitution In A Child Porn Case
- 2011.09.08: Maybe the Fourth Circuit is trying to protect its brand?
- 2011.09.08: The First Circuit Vacates A Conspiracy Conviction
- 2011.09.07: Please say nice things about this blog to the ABA
- 2011.09.07: How The Eighth Circuit Saved Christmas
- 2011.09.06: More Valor Stolen From The Stolen Valor Act
- 2011.09.06: Summary Evidence And White-Collar Crimes: The Tenth Circuit Says You Can't Summarize What Isn't In Evidence
- 2011.09.05: My Guest Post on the American Constitution Society Blog
- 2011.09.02: A Man's Cleverness Reduces His Sentence By 14 Years: The Ninth Circuit, Apprendi, and Pleading Open
- 2011.09.01: Why The Government Has To Prove They Don't Make Computers in Iowa
- 2011.08.31: Protesters Have No Reason To Picket The Ninth Circuit (Though If They Did, They'd Be Welcome To Do It)
- 2011.08.30: Thinking Of the Police As A Dinner Guest: The Sixth Circuit Declines To Require An Additional Seat At The Table
- 2011.08.29: Is Twitter Harrasment a Crime?
- 2011.08.29: The Third Circuit Holds That A Jury Can't Infer Intent From Constitutionally Protected Silence
- 2011.08.26: Prior Criminal Offenses and Hypothetical Bad Men: The Fourth Circuit Comes Back to Real People
- 2011.08.25: The Eleventh Circuit Reverses and Remands Because the District Court Made Up A Restitution Amount
- 2011.08.24: The Seventh Circuit Reverses - Judge Posner Would Like To See More Explanation
- 2011.08.23: The Fourth Circuit and the Fourth Amendment: If You Search Like a Redcoat, You Can't Use What You Find in Court
- 2011.08.22: The Ninth Circuit Remands For A Third Trial In An Illegal Reentry Case
- 2011.08.19: The Sixth Circuit Sends An Escape Case Back For Resentencing
- 2011.08.18: Pleading Guilty Only Makes Sense If There Is Evidence That You Are Guilty
- 2011.08.17: The Seventh Circuit On The Possibility Of Race-Based Jury Strikes By An African-American Prosecutor
- 2011.08.16: It Is Not Good To Be Hated By Congress
- 2011.08.15: The Sixth Circuit on Alford Pleas and the Armed Career Criminal Act
- 2011.08.12: The Ninth Circuit Makes It Easier For Crimes to Be Violent (Nominally, At Least)
- 2011.08.10: The Fair Sentencing Act: the Battle Between Following the Rules and Fairness Plays Out in the Third Circuit
- 2011.08.09: Breaking News - Third Circuit Says The FSA Is Retroactive
- 2011.08.09: Important New Decision on the Use of Cell-Phone Data to Locate Someone Just to Arrest Them
- 2011.08.09: The Sixth Circuit Lets A Jury Hear About The Accident of Federal Jurisdiction In A Michigan Swamp Murder
- 2011.08.08: If You're Going To Throw The Book At Someone, Throw It As Hard As It Was Thrown At The Last Guy
- 2011.08.07: A Lot Of Federal Criminal Law And Procedure In One Opinion: The D.C. Circuit Gives A Lot Of Bang For The Buck
- 2011.08.06: If a Court Is Going To Lock Someone Up, It Has To Give A Reason
- 2011.08.05: The Tenth Circuit on Credit Cards, Loss, and the Sentencing Guidelines
- 2011.08.04: The Second Circuit Grants A New Trial: Why Market Movements Should Come With Cliff Notes
- 2011.08.03: Arrests Are Not Convictions: A Sentencing Judge Is Reversed For An Excess of Candor
- 2011.08.02: Appellate Advocate Wins A Chance To Save His Client $100
- 2011.08.01: The Past Can Catch Up With You: Rule 404(b) and a New Trial In North Dakota
- 2011.07.28: The Ninth Circuit on Mandatory Minimums, Safety Valve, and Timetravel
- 2011.07.27: The Fourth Circuit Finds that the Police Can't Assume You're A Drug Trafficker Just Because You Clean Your Car, Have Toiletries, and Don't Want Your Shirts Wrinkled
- 2011.07.26: The Second Circuit Rocks Out On The Fourth Circuit's Love of The Third Level
- 2011.07.26: The Fifth Circuit Affirms A Grant Of A New Trial In A Case Of Texas Family Backstabbing
- 2011.07.25: The Eight Circuit Holds That A Check Is Not A Machine Or A Device
- 2011.07.24: The Ninth Circuit On Child Support, Restitution, and Domestic Slavery
- 2011.07.24: The Sixth Circuit Reverses, Taking Care Not to Hurt The Feelings Of The District Court
- 2011.07.23: Every Published Defense Victory In a Federal Court of Appeals
- 2011.07.22: The Eighth Circuit Reverses a Sentence, And Shows Why Relying On Criminal Conduct At Sentencing Without A Conviction Is Troublesome
- 2011.07.21: People Really React To Threats Against President Obama
- 2011.07.21: The Seventh Circuit Puts Fast Track Disparity Arguments On A Slow Track, But Doesn't Derail Them Entirely
- 2011.07.20: The Eleventh Circuit And The Unwilling Pro Se Criminal Defendant
- 2011.07.19: A Divided Ninth Circuit Panel Reverses a Conviction Based on a Racially-Motivated Threat on Barack Obama
- 2011.07.18: The D.C. Circuit Remands for Resentencing Because [Redacted]
- 2011.07.14: The Eighth Circuit Holds that the "Know Nothing" Defense Can Be Asserted Against a Securities Fraud Charge
- 2011.07.13: The First Circuit Reverses For Multiple Evidentiary Errors
- 2011.07.12: The Tenth Circuit Gives Some Criminal History Relief in a Gun Case
- 2011.07.12: The Ninth Circuit Hears an Appeal the Appellant Doesn't Want to Bring, Then Reverses for a Competency Hearing
- 2011.07.11: The Ninth Circuit Vacates a Restitution Award in a Child Pornography Case
- 2011.07.11: The First Circuit Reverses (One Count Of) a Conviction
- 2011.07.09: The Ninth Circuit Says the District Court Can't Negotiate An Appeal Waiver
- 2011.07.08: The Fourth Circuit Invites Open Pleas
- 2011.06.10: OIG Investigations and Federal Employees
- 2011.06.07: Matt Teaches a Course on Campus Sexual Assault Defense
- 2011.03.31: American Exceptionalism and the United States Prison Population
- 2011.03.06: Why Do People Hate Juries?
- 2011.02.21: Office of Inspector General Investigations and You
- 2011.02.19: Matt Kaiser Teaches Stuff On The Internet
- 2010.10.05: Prosecutorial Misconduct Goes Unpunished
- 2010.06.22: Perez Hilton, Miley Cyrus, Child Pornography, and The Kaiser Law Firm PLLC
- 2010.01.15: Does Law Enforcement Get Laid Off When the Crime Rate Drops?
- 2010.01.05: The Kaiser Law Firm on the Radio
- 2009.12.10: Round Up The Usual Suspects!
- 2009.12.08: Feeling Your Client's Pain
- 2009.11.05: Federal Government Contractors - Watch Out For Fraud Prosecutions
- 2009.11.04: Why Does White Collar Crime Happen?
- 2009.10.30: Criminal Charges and Depression
- 2009.10.29: Is there any incentive for prosecutors to do the right thing?
- 2009.10.23: Another Thought About Maryland's Error Ridden Sentencing
- 2009.10.22: What's Wrong With Maryland Lawyers?
- 2009.09.09: The MySpace Opinion is Here!
- 2009.09.08: [Don't] Stop [the] Snitching [Blog]
- 2009.09.02: A Wisconsin Judicial Protest of Federal Prosecutions?
- 2009.08.31: The Ninth Circuit Changes the Rules for Law Enforcement Searches for Electronic Evidence
- 2009.08.31: I'm teaching at Solo Practice University!
- 2009.08.27: Do We Need an Art Fraud Task Force?
- 2009.08.26: Ted Kennedy and Federal Sentencing
- 2009.08.25: Coming Soon - Mortgage Fraud Prosecutions?
- 2009.08.24: Learning From An Obstruction of Justice Plea in a Health Care Fraud Investigation
- 2009.08.11: The Second Circuit Keeps Wiretaps Secret
- 2009.08.10: Here Come the Fraud Investigations
- 2009.08.07: The Health Care Fraud Sting Continues
- 2009.07.27: When Can an AUSA Lie?
- 2009.07.24: The First Circuit Helps Grand Jury Witnesses
- 2009.07.23: Sotomayor on Acquitted Conduct?
- 2009.07.22: How Not to Respond to a Grand Jury Subpoena
- 2009.07.21: Manufacturing Speculation About A Company's Involvement In A Government Contracting Bribery Investigation
- 2009.07.20: Why Melendez-Diaz is good policy
- 2009.07.20: Is Eric Holder Providing Change We Can Believe In?
- 2009.07.18: Riding the Melendez-Diaz Rollercoaster
- 2009.07.17: The D.C. Court of Appeals Dismisses a Case Relying on Melendez-Diaz
- 2009.07.17: Sotomayor on Melendez-Diaz
- 2009.07.17: A note to readers
- 2009.07.16: Standing Up for Criminal Defense Lawyers
- 2009.07.16: Breaking News - Prosecutors Dislike Additional Work
- 2009.07.15: More on Melendez-Diaz
- 2009.07.15: Federal pre-trial detention is about more than money
- 2009.07.14: The Government Is Coming After Health Care Providers
- 2009.07.14: When Criminal Defense Lawyers Go Bad
- 2009.07.10: After Melendez-Diaz, it's cross-examination for everyone!
- 2009.07.09: It's Not A Crime to Violate MySpace's Terms of Use
- 2009.07.09: Does Ferris Bueller Need a Criminal Defense Lawyer?
- 2009.06.23: Switching Lawyers Right Before Trial
- 2009.06.22: Senator Webb is a hero
- 2009.06.18: What the government has to prove to convict
- 2009.06.17: Throwing the book back at the judge
- 2009.06.16: A cheaper system of criminal justice
- 2009.06.15: The Fourth Circuit - You can go to prison for distributing (very creepy) fiction
- 2009.06.15: Change We Can Believe In (in federal sentencing)?
- 2009.06.12: Things a criminal defense lawyer should not do during an initial consultation, part 2
- 2009.06.12: How to get indicted in federal court
- 2009.06.12: A very moving hearing in federal court in Wisconsin
- 2009.06.11: A reason to move to Argentina?
- 2009.06.11: The second rule of being charged with a crime
- 2009.06.10: Going to prison for what a jury doesn't think you did
- 2009.06.10: What can the study of underdogs tell us about criminal defense?
- 2009.06.05: Things a criminal defense lawyer should not do during an initial consultation, part 1
- 2009.06.01: Roxana Saberi should be included in a model jury instruction
- 2009.05.29: The first rule of being charged with a crime
