Meta tags:
description=Appeals with attitude;

Headings (most frequently used words):

this, share, the, to, it, appellate, be, of, is, judge, oral, argument, replaced, by, chatgpt, hiv, and, are, so, may, really, displease, court, in, an, but, no, they, squawk, chat, bot, 2023, lunar, new, year, rabbit, charade, review, judges, act, up, not, sex, offense, getting, aids, from, typewriter, keys, ny, da, supports, discrimination, against, persons, public, defender, card, game, maud, maron, legal, aid, society, objective, thee, biased, people, briefs, other, horror, fiction, my, pronouns, sheehurr, yours, would, defending, second, amendment, covid, courtrooms, unnecessary, risk, jack, weinstein, 1921, 2021, person, should, go, way, dodo, convicting, bill, cosby, unconstitutional, coercive, bait, switch, conviser, rips, into, sora, like, blog, wool, says, today, quote, recent, posts, email, subscription, check, out, our, archive, search, contact, us, surely, best, its, servers, put, test, with, many, users, chatting, wonder, re, lagging, ll, fix, soon, need, fret,

Text of the page (most frequently used words):
the (749), and (233), that (188), new (185), window (161), opens (160), share (140), for (116), was (96), with (77), but (76), you (74), not (70), this (69), from (65), #appellate (63), law (63), court (62), his (51), our (48), are (48), they (48), judge (47), email (45), have (45), print (42), posted (41), about (41), who (41), linkedin (40), facebook (40), reddit (40), pinterest (40), tumblr (40), can (39), defendant (39), people (37), your (36), like (35), all (35), criminal (33), squawk (32), cosby (32), decision (31), other (29), when (29), what (29), has (28), had (28), public (27), one (26), her (26), she (26), judges (25), would (25), after (25), their (25), person (24), may (23), hiv (23), friend (23), years (23), out (22), maron (22), only (22), were (22), which (22), loading (21), any (21), appeals (21), las (21), january (20), because (20), link (20), how (20), evidence (20), get (20), should (19), parody (19), brief (19), white (19), sex (18), just (18), covid (18), first (18), chatgpt (18), more (18), there (18), being (18), don (17), sexual (17), into (17), july (16), 2022 (16), why (16), sora (16), time (16), sentence (16), said (16), know (16), case (15), client (15), system (15), legal (15), defense (15), even (15), been (15), where (15), work (15), 2021 (14), office (14), courts (14), under (14), them (14), against (14), constand (14), prosecution (14), him (14), district (14), school (14), comments (13), now (13), february (13), june (13), 2020 (13), virus (13), argument (13), having (13), such (13), justice (13), attorney (13), through (13), 2011 (12), september (12), 2013 (12), 2014 (12), 2016 (12), 2017 (12), 2018 (12), 2019 (12), year (12), arrest (12), aids (12), most (12), another (12), since (12), december (11), august (11), october (11), november (11), 2012 (11), 2015 (11), here (11), reform (11), offender (11), oral (11), way (11), risk (11), briefs (11), persons (11), york (11), these (11), every (11), decisions (11), say (11), will (11), bias (11), march (10), april (10), off (10), think (10), its (10), some (10), attorneys (10), before (10), conviction (10), prosecutor (10), never (10), crime (10), drug (10), physical (10), division (10), write (9), comment (9), nothing (9), says (9), right (9), clients (9), really (9), society (9), card (9), game (9), than (9), each (9), many (9), based (9), trial (9), while (9), laws (9), prison (9), castor (9), could (9), got (9), back (9), black (9), doesn (9), asked (9), judicial (9), exposure (9), racism (9), race (9), louisiana (9), name (8), 2023 (8), brooklyn (8), see (8), defender (8), went (8), due (8), process (8), made (8), testimony (8), reasonably (8), home (8), anyone (8), read (8), good (8), going (8), those (8), chief (8), government (8), department (8), means (8), title (8), contact (7), amendment (7), matter (7), others (7), tagged (7), publicly (7), called (7), ever (7), does (7), charges (7), simply (7), long (7), civil (7), apparently (7), facts (7), over (7), without (7), rights (7), then (7), put (7), clerks (7), well (7), look (7), hearing (7), virtual (7), need (7), own (7), someone (7), same (7), working (7), whether (7), two (7), according (7), vaxxed (7), prove (7), thought (7), racist (7), vii (7), intentional (7), affirmance (7), com (6), free (6), let (6), question (6), social (6), high (6), conviser (6), bill (6), weinstein (6), pronouns (6), discrimination (6), getting (6), act (6), replaced (6), review (6), too (6), still (6), anything (6), wrong (6), ten (6), take (6), lawyer (6), imposed (6), convicted (6), police (6), least (6), leave (6), three (6), principles (6), fairness (6), upon (6), announced (6), answer (6), very (6), non (6), around (6), federal (6), better (6), man (6), remember (6), didn (6), thing (6), state (6), cases (6), came (6), reading (6), infection (6), jury (6), something (6), lawful (6), want (6), statements (6), racial (6), anti (6), excessive (6), found (6), report (5), already (5), follow (5), true (5), arraignment (5), part (5), best (5), unconstitutional (5), horror (5), objective (5), instrument (5), rai (5), page (5), point (5), guilty (5), plea (5), reasons (5), fundamental (5), advice (5), counsel (5), deposition (5), charged (5), testify (5), stop (5), did (5), questions (5), lawsuit (5), minutes (5), family (5), life (5), down (5), use (5), several (5), times (5), finally (5), tell (5), bench (5), interests (5), learned (5), eye (5), money (5), manhattan (5), took (5), answered (5), prior (5), might (5), come (5), cause (5), drugs (5), told (5), wrote (5), punishment (5), schools (5), quality (5), away (5), goes (5), business (5), knows (5), real (5), issue (5), note (5), support (5), step (5), hard (5), often (5), mom (5), belief (5), scene (5), guilt (5), find (5), cards (5), players (5), purple (5), bragg (5), partner (5), labor (5), medical (5), crushing (5), sign (4), wordpress (4), blog (4), posts (4), happy (4), defending (4), call (4), coercive (4), bait (4), switch (4), displease (4), fiction (4), biased (4), aid (4), typewriter (4), offense (4), bot (4), today (4), assessment (4), side (4), sitting (4), lawyers (4), scientific (4), continue (4), offenders (4), actually (4), required (4), commonwealth (4), rejected (4), forced (4), knowing (4), followed (4), remain (4), women (4), pennsylvania (4), known (4), appeal (4), taken (4), using (4), views (4), issues (4), education (4), pursue (4), fifth (4), protected (4), asking (4), little (4), administrator (4), explain (4), students (4), make (4), advocacy (4), understand (4), brow (4), show (4), face (4), likely (4), allowed (4), appearances (4), saying (4), last (4), hours (4), presented (4), showing (4), also (4), run (4), day (4), community (4), informed (4), administration (4), proceedings (4), hand (4), including (4), parties (4), disposal (4), panel (4), written (4), doubt (4), efficient (4), making (4), clerk (4), meaning (4), unless (4), disclosure (4), arguments (4), statement (4), bad (4), together (4), line (4), color (4), caucus (4), finds (4), fragility (4), supremacy (4), tweet (4), integrated (4), transmission (4), incriminating (4), lasalle (4), check (3), address (3), click (3), give (3), keep (3), witness (3), lunar (3), must (3), nyc (3), courtrooms (3), humans (3), masks (3), jack (3), second (3), sheehurr (3), yours (3), maud (3), rabbit (3), chat (3), ideology (3), daniel (3), journal (3), expert (3), cherished (3), beliefs (3), procedure (3), few (3), ago (3), growing (3), summary (3), totally (3), consequences (3), carefully (3), accusations (3), complaint (3), regardless (3), list (3), registration (3), register (3), personal (3), information (3), served (3), stigma (3), result (3), mean (3), results (3), mere (3), harmed (3), earlier (3), behalf (3), choose (3), advised (3), number (3), provided (3), history (3), purpose (3), makes (3), enforced (3), sentenced (3), bringing (3), eliminate (3), unpleasant (3), assistant (3), deal (3), jail (3), problems (3), old (3), self (3), answers (3), concluded (3), pills (3), decided (3), return (3), discuss (3), glass (3), wasn (3), tweeted (3), constitution (3), nor (3), memos (3), meeting (3), meet (3), remote (3), efficiency (3), defendants (3), health (3), needs (3), worry (3), plexiglass (3), spitting (3), much (3), done (3), couldn (3), war (3), play (3), big (3), laugh (3), night (3), employee (3), fill (3), writing (3), looking (3), door (3), sound (3), water (3), highly (3), colombia (3), america (3), wants (3), gramm (3), sentencing (3), course (3), far (3), courthouse (3), days (3), moral (3), alone (3), poor (3), present (3), status (3), takes (3), target (3), boss (3), operations (3), aren (3), accused (3), understanding (3), research (3), next (3), feel (3), shark (3), everyone (3), sent (3), lieutenant (3), mask (3), staff (3), place (3), seconds (3), insists (3), arrested (3), instead (3), reads (3), proclaimed (3), presiding (3), million (3), fact (3), anyway (3), hope (3), science (3), meskhout (3), brought (3), trying (3), training (3), language (3), else (3), shooting (3), problem (3), hands (3), knowledge (3), author (3), dovey (3), clearly (3), living (3), forensic (3), investigation (3), notion (3), races (3), conversations (3), environment (3), hostility (3), hostile (3), reality (3), interest (3), shared (3), goal (3), parents (3), though (3), gets (3), pick (3), gratification (3), considering (3), explains (3), expose (3), consent (3), towards (3), infected (3), discriminatory (3), specific (3), further (3), conduct (3), model (3), doth (3), term (3), established (3), offenses (3), respectfully (3), load (3), painstaking (3), attitude (3), website (2), view (2), content (2), log (2), subscribed (2), subscribe (2), privacy (2), join (2), 280 (2), subscribers (2), search (2), 2010 (2), archive (2), demand (2), injustice (2), central (2), head (2), discovery (2), probation (2), scandal (2), unjust (2), supreme (2), janitors (2), dare (2), zoom (2), trouble (2), try (2), rips (2), convicting (2), dodo (2), 1921 (2), unnecessary (2), thee (2), supports (2), keys (2), charade (2), recent (2), wool (2), older (2), past (2), bit (2), psychological (2), expertise (2), points (2), arbitrary (2), press (2), okay (2), leading (2), firmly (2), nobody (2), violate (2), met (2), silence (2), onto (2), outfit (2), board (2), parole (2), officers (2), set (2), whereby (2), involving (2), months (2), rest (2), sentences (2), marked (2), become (2), phylicia (2), rashad (2), david (2), wecht (2), andrea (2), watch (2), discharged (2), enforcement (2), prosecute (2), demands (2), discretion (2), prosecutors (2), however (2), vast (2), unconditional (2), charging (2), intent (2), reliance (2), detriment (2), instances (2), denying (2), particularly (2), moment (2), forfeiture (2), naught (2), dissent (2), remedy (2), subject (2), knew (2), attempt (2), 2005 (2), four (2), depositions (2), apparent (2), record (2), certain (2), obtained (2), critical (2), engaging (2), allegedly (2), guarantee (2), force (2), version (2), scalia (2), promise (2), relies (2), constitutional (2), principle (2), great (2), age (2), denied (2), pending (2), settlement (2), testified (2), taking (2), saw (2), risa (2), ferman (2), claiming (2), heard (2), media (2), granted (2), expressed (2), among (2), comedian (2), pull (2), pants (2), rape (2), lost (2), protection (2), agreement (2), incrimination (2), kind (2), proceeding (2), guarantees (2), won (2), sue (2), dollars (2), agree (2), incident (2), allegations (2), proof (2), questioned (2), investigated (2), blue (2), filed (2), nevertheless (2), relations (2), gave (2), consensual (2), university (2), program (2), career (2), sets (2), college (2), woke (2), basic (2), dreams (2), confrontation (2), clause (2), difficult (2), subway (2), rigged (2), quiz (2), liberty (2), pandemic (2), refuse (2), again (2), ask (2), indeed (2), promote (2), travel (2), courthouses (2), caution (2), guv (2), sick (2), giant (2), booths (2), yes (2), floor (2), glad (2), myself (2), overruled (2), along (2), otherwise (2), pre (2), upheld (2), challenge (2), brilliant (2), talked (2), completely (2), week (2), drive (2), class (2), study (2), cars (2), coming (2), job (2), until (2), historical (2), wisdom (2), pushers (2), suggesting (2), decades (2), change (2), eyebrows (2), papers (2), suddenly (2), quick (2), pointing (2), naturally (2), loud (2), end (2), table (2), sunday (2), proposals (2), columbia (2), utterly (2), acme (2), everybody (2), senator (2), decide (2), thursday (2), afternoon (2), courtroom (2), spent (2), learning (2), english (2), assured (2), bridge (2), binoculars (2), notice (2), soft (2), red (2), powerful (2), standing (2), started (2), across (2), immediately (2), average (2), spend (2), wonder (2), everything (2), obvious (2), mind (2), mandatory (2), sheer (2), crisis (2), minor (2), interested (2), excuse (2), repetition (2), add (2), trust (2), explanation (2), choice (2), calls (2), urge (2), explaining (2), different (2), risks (2), offer (2), available (2), amounts (2), disease (2), bucket (2), easy (2), thorn (2), talking (2), barriers (2), statute (2), objected (2), witnesses (2), calendar (2), represent (2), motions (2), half (2), walking (2), less (2), doing (2), machine (2), recently (2), trumpeted (2), normal (2), world (2), happen (2), trump (2), daily (2), wore (2), explained (2), vaccinated (2), air (2), zero (2), symptoms (2), ended (2), president (2), wear (2), reports (2), task (2), guards (2), worn (2), service (2), lazy (2), shouldn (2), afraid (2), rebuttal (2), politely (2), analysis (2), janitor (2), hasn (2), 500 (2), imagine (2), blood (2), vacancies (2), student (2), lawfulness (2), authoritative (2), certainty (2), ret (2), always (2), contracts (2), elimination (2), gone (2), included (2), appellants (2), disposed (2), italics (2), victoria (2), initiative (2), member (2), includes (2), former (2), creates (2), looks (2), motion (2), reargue (2), focus (2), constructive (2), holding (2), ones (2), hey (2), isn (2), cdc (2), telling (2), favorite (2), citing (2), hear (2), tut (2), example (2), pronoun (2), waiting (2), interview (2), gender (2), identity (2), cis (2), trans (2), except (2), alpine (2), seem (2), florida (2), bronx (2), pages (2), word (2), sample (2), entitled (2), absent (2), burden (2), appellant (2), ridiculous (2), include (2), boring (2), contradictory (2), sure (2), given (2), between (2), opposing (2), template (2), confirmation (2), book (2), creature (2), object (2), belong (2), tells (2), control (2), apples (2), immunity (2), suspect (2), dror (2), baby (2), heavens (2), disagree (2), buried (2), stake (2), heart (2), individuals (2), cost (2), denial (2), complex (2), setting (2), throats (2), discourse (2), announcing (2), commitment (2), bravely (2), effectively (2), sabbatical (2), claim (2), reduces (2), oppression (2), prohibit (2), lose (2), definition (2), examples (2), employer (2), merely (2), surely (2), harass (2), communities (2), enthusiastic (2), affirms (2), consists (2), therefore (2), workplace (2), privilege (2), within (2), questioning (2), gaslight (2), perspective (2), continued (2), disgusting (2), brown (2), existence (2), role (2), practice (2), representation (2), cannot (2), oppose (2), pooh (2), 21st (2), century (2), integration (2), speak (2), test (2), piece (2), small (2), hour (2), fix (2), buy (2), culture (2), council (2), city (2), activist (2), caroline (2), produce (2), minnesota (2), lead (2), rules (2), yet (2), affirmed (2), clap (2), felony (2), concerning (2), biting (2), throwing (2), bodily (2), construed (2), 1980 (2), fear (2), constitutes (2), forward (2), sharing (2), ben (2), hur (2), unclean (2), photos (2), protest (2), satire (2), impartiality (2), stochastic (2), trained (2), text (2), indistinguishable (2), maximum (2), crimes (2), consideration (2), severity (2), determining (2), goals (2), rehabilitation (2), additionally (2), beyond (2), reasonable (2), overwhelming (2), probable (2), eyewitness (2), miranda (2), voluntarily (2), waived (2), affirming (2), lawfully (2), robots (2), administrative (2), enthused (2), automatic (2), puny (2), memorandum (2), structure (2), grinding (2), halt (2), worrying (2), insensitivity (2), andrias (2), besides (2), collapse, bar, manage, subscriptions, site, reader, account, appellatesquawk, yahoo, select, month, enter, receive, notifications, discontinued, subscription, dogs, stand, silly, transparency, annals, affluent, drinking, rosé, park, hills, arrives, bus, rat, fuggetabout, witcom, house, rain, falleth, planet, hears, robocall, flushes, toilet, catholic, schoolteachers, hosanna, exception, invite, stupid, party, hell, hath, fury, scorned, thoughts, statues, replace, juries, potted, plants, cops, lie, believe, outdoor, tech, alienating, rose, adios, eccentric, alive, unpopular, electric, eel, pond, goldfish, edith, sitwell, quote, rationalizing, desire, harm, bookmark, inflict, system_, abolish, skeptical, proposed, solution, proffer, hearings, seen, blow, contradicts, beats, adding, profession, parakeet, cage, liner, criticize, entrenched, scruffy, sees, demolished, concluding, resounding, thousands, yorkers, pitchforked, haystack, supposedly, mcfarland, documents, gospel, vain, dismissed, acquitted, futile, arguing, unscientific, harsh, lifetime, sparingly, examiners, connections, writes, repeats, proved, purporting, aggravating, factors, brutal, designated, necessarily, misconduct, lives, pictures, addresses, displayed, indelible, homeless, unemployable, outcasts, safety, applied, remembered, https, www, youtube, 58um5lcgjtw, convictions, judgment, vacated, contrary, patently, untenable, antithetical, corrosive, integrity, functionality, strive, maintain, full, satisfy, vested, exercise, constraints, induce, action, benefit, affront, foregone, decade, changing, guard, strips, circumstance, inequity, practical, criminally, forfeited, concurrence, itself, characterizes, suppress, third, relied, approximately, declination, assurances, induced, designed, misperception, openly, detrimentally, relying, sit, silent, attempted, decline, ruling, forcing, significantly, maintained, innocence, matters, recurring, supplying, nervous, depressants, unwanted, activity, assertion, undergirded, supremes, overturned, polite, held, undergirds, dissenter, bail, forgot, conditions, five, quaaludes, thirty, although, unfairly, prejudicial, sniffing, sanitize, instituted, fooled, sucker, throw, rekindled, attention, bid, unseal, diminished, sneered, donned, mantle, moralist, mounted, proverbial, electronic, soap, box, volunteer, things, childrearing, opined, meantime, heat, alternatively, described, advocating, parenting, blaming, young, drew, laughs, calling, smuggest, persona, hate, talk, successful, sitcom, yeah, departing, wouldn, settled, mil, exchange, sealed, interim, order, applies, prosecuted, incriminated, compelled, oath, plaintiff, millions, figured, minister, pave, crosby, devised, plan, stripped, unreliable, credibility, considered, insufficient, referred, bruce, montgomery, searched, canadian, phoned, secretly, recording, conversation, turned, benadryl, antihistamine, causes, drowsiness, kept, friendly, meanwhile, consulted, philadelphia, 2004, native, canada, visited, plans, wine, swallowed, fondling, complainant, temple, basketball, struck, friendship, hoping, launch, sportscasting, attracted, invited, mild, unmistakable, passes, terrible, righted, miscarriage, corrected, clair, huxtable, aka, dean, howard, arts, howling, resignation, supporter, assault, tolerate, extorted, prosecutorial, undoubtedly, exempt, wielded, manner, violates, wake, reverting, shoes, frowned, regressive, ritual, meaningful, phoning, perfectly, via, breathe, faces, attend, mute, button, inalienable, frowning, shakespeare, channeled, 1988, coy, iowa, conducted, sooner, appearance, adversary, preferable, save, eliminating, incarcerated, transported, jails, reducing, extent, convene, emergency, presence, threat, future, variants, unvaccinated, protests, announce, eat, restaurants, pretty, cooking, areas, groups, backstage, affectionately, pens, haven, cleaned, disappeared, 1930, carried, rats, fitted, partitions, convenient, alternative, crater, pestholes, please, proudest, able, morning, wrapped, loved, delight, palpable, retire, session, fearlessness, care, sometimes, mistakes, recognized, disciplined, slavery, joints, fortunately, distinguish, fortunate, burns, trucking, company, studying, greek, philosophers, exams, overlook, failings, forgetting, close, safe, remembering, open, trolley, ships, harbor, admitted, lawless, grandparents, fled, russia, escape, 1905, father, laid, food, fell, truck, fishing, coast, fish, jumped, boat, evening, active, biography, volumes, conventional, enemy, child, pornography, extreme, visible, grown, fuzzy, caterpillars, walked, cane, opened, patio, gathered, sunset, ducks, gathering, paper, illegal, deaths, prohibition, alcohol, dangerous, presentation, received, sober, sink, voice, boomed, slapping, thigh, joined, final, chilly, winter, island, sat, dining, room, presenting, earned, intelligent, exhaustively, researched, glazing, recognizing, logic, experience, chose, topics, experiences, lsd, badly, smuggle, wanted, trooped, flown, balloonful, cocaine, digestive, cheerful, youth, detention, center, shape, wife, pleased, biceps, lecturer, smug, european, intellectual, corduroy, purely, construct, mugged, feds, busy, newspapers, angrily, protesting, american, constructs, gleefully, describing, gadgets, bought, infra, newspaper, suggested, teeny, financial, benefits, enforcing, seems, later, seminar, inviting, professor, refrigerator, repair, street, chambers, sodas, listened, lectures, assortment, thinkers, lambasted, phil, murderer, expect, expected, nation, deluged, tidal, wave, blame, failure, teach, values, main, culprit, teenage, uppityness, tornadoes, pacific, attributed, enact, bogglingly, 1993, quantity, prosecutions, annually, hundreds, mules, mostly, nigeria, cheaply, hired, trip, temporarily, suspended, panning, policy, eastern, surrounding, territories, either, died, post, posthumous, tributes, vignette, rare, fiore, uncategorized, obliteration, earth, stood, 1951, klaatu, bumper, sticker, brains, crowd, ideological, mustn, trusted, voices, pastors, hairdressers, vaccination, possible, rejecting, favorable, coalition, require, insurance, immigration, shower, deep, clean, area, quipped, fighting, potentially, fatal, airborne, mop, deserving, righteous, yipping, bureaucrats, indignation, theater, myth, remains, sacrosanct, oca, brags, listens, returning, especially, useless, authorizing, crying, tissue, computer, monitor, handing, bulk, trials, confront, observe, demeanor, schedule, virtually, observed, endanger, ourselves, pointed, empathy, conscientious, count, proximity, helpful, declares, arraignments, cogs, dysfunctional, presumably, aware, surge, delta, variant, significant, progress, resume, establish, ordered, live, rational, beaches, sighting, lunacy, attacks, enough, precipitate, usual, interviewing, unventilated, btw, alabama, followers, freedoms, vaccine, rally, risking, boos, kidding, rather, news, twitter, approvingly, refused, misled, ground, causing, develop, respiratory, 2001, certainly, showed, scumbag, dirtbag, charge, neither, icu, ventilator, union, lesson, properly, stay, falling, colleagues, horrifying, chin, diapers, jurors, packed, elevators, cleaning, minimal, perfunctory, distancing, impossible

Text of the page (random words):
e arraignment booths have been fitted with plexiglass partitions yes a convenient alternative to the floor for spitting on why should we ever go back to in person appearances protests manhattan judge daniel conviser virtual appearances promote efficiency and save money by eliminating the need for lawyers and defendants to travel to courthouses and for incarcerated defendants to be transported from jails he says remote appearances promote public health by reducing the extent to which persons must travel to and convene in courthouses the covid 19 emergency may be over but the presence and threat of future covid 19 variants and the number of people who remain unvaccinated continue to counsel caution indeed there will likely continue to be instances where a defendant s liberty interests may be protected by a plea sentence or hearing which can be conducted sooner through a remote appearance in our adversary system where the judge the prosecutor and the defendant all agree that a remote proceeding is preferable it is difficult to understand why it should not be allowed but what about the confrontation clause you ask the inalienable right to meet face to face and frowning brow to brow as shakespeare put it channeled through justice scalia look me in the eye and say that coy v iowa 1988 but if we ve learned anything from the pandemic it s that you can perfectly well look each other in the eye via zoom without having to breathe in each other s faces we refuse ever again to attend a meeting that doesn t have a mute button so it s even more difficult to understand why the appellate courts are reverting to in person oral argument why should we put on our shoes and get on the subway just to be frowned at brow to brow by judges who read only bench memos by clerks who read only the people s brief it s a regressive ritual as meaningful as a rigged quiz show our liberty interests are best served by phoning it in share this email a link to a friend opens in new window email share on tumblr opens in new window tumblr print opens in new window print share on pinterest opens in new window pinterest share on reddit opens in new window reddit share on facebook opens in new window facebook share on x opens in new window x share on linkedin opens in new window linkedin like loading posted in appellate advocacy law parody tagged confrontation clause covid 19 judge daniel conviser leave a comment convicting bill cosby an unconstitutional coercive bait and switch posted on july 7 2021 by appellate squawk they tell you to follow your dreams does anyone say you have to wake up first bill cosby the constitution woke up while the prosecutor s discretion in charging decisions is undoubtedly vast said the pennsylvania supreme court it is not exempt from basic principles of fundamental fairness nor can it be wielded in a manner that violates a defendant s rights put another way the constitution doesn t tolerate a conviction extorted by prosecutorial bait and switch finally a terrible wrong is being righted a miscarriage of justice of justice is corrected tweeted clair huxtable aka phylicia rashad dean of howard university college of arts she then had to explain to the students howling for her resignation that this didn t make her a supporter of sexual assault the 79 page decision sets out the facts the complainant was 31 year old andrea constand administrator of temple university s basketball program she struck up a friendship with cosby hoping he would launch her in a sportscasting career he was attracted to her and invited her to his pennsylvania home several times he made mild but unmistakable passes in 2004 constand having decided to return to her native canada visited cosby at his home to discuss her plans she said he gave her a glass of wine and some little blue pills which she swallowed without asking what they were some sexual fondling followed cosby said it was consensual constand said it wasn t she nevertheless kept up apparently friendly relations with him meanwhile she consulted civil lawyers in philadelphia about a lawsuit in 2005 a year after the blue pills incident constand filed a complaint with the canadian police she then phoned cosby secretly recording the conversation asking what the pills were they turned out to be benadryl an antihistamine that causes drowsiness the case was referred to bruce castor district attorney of montgomery co pa cosby was questioned and his home searched castor s first assistant risa ferman investigated allegations by other women castor concluded that the allegations were unreliable and that constand had credibility issues he considered the proof insufficient for a criminal conviction but castor figured that as a minister of justice he would pave the way for constand to sue crosby in civil court he devised a plan whereby his office would agree never to pursue criminal charges for the incident that way cosby would be stripped of his fifth amendment rights the fifth amendment right against self incrimination as you remember applies in any kind of legal proceeding civil or criminal but if the prosecution guarantees that you won t be prosecuted you can t be incriminated you re not protected by the fifth you can be compelled to answer questions under oath in a lawsuit the plaintiff can use your answers to sue you for millions of dollars but that s not incrimination after d a castor publicly announced that his office wouldn t pursue charges constand lost no time in bringing a lawsuit cosby was forced to testify in depositions without fifth amendment protection the case was settled and constand got 3 38 mil in exchange for an agreement not to pursue criminal charges the deposition minutes were sealed under an interim order departing from the decision for a moment in the meantime cosby was taking heat for what is alternatively described as advocating for better parenting or blaming black people for their problems a young black comedian drew laughs by calling him the smuggest old black man public persona that i hate pull your pants up black people i was on tv in the 80 s i can talk down to you because i had a successful sitcom yeah but you rape women bill cosby this apparently rekindled media attention in 2015 ten years after the settlement a federal district court granted the media s bid to unseal the deposition minutes the court opined that cosby had a diminished right to privacy because he publicly expressed his views on social issues the court sneered defendant has donned the mantle of public moralist and mounted the proverbial electronic or print soap box to volunteer his views on among other things childrearing family life education and crime back to the decision by this time castor s first assistant risa ferman had taken over as d a she instituted criminal charges claiming she d never heard of the deal ha ha fooled you sucker we re using your deposition testimony to throw you in jail constand forgot about the conditions of her settlement and testified against cosby five more women testified about having sexual contact with him after taking quaaludes some thirty years earlier although they d apparently never got around to bringing charges the trial court saw nothing unfairly prejudicial about this sniffing that it was not required to sanitize the trial to eliminate all unpleasant facts cosby was convicted and at age 80 sentenced to three to ten years of prison he was denied bail pending appeal the pennsylvania supremes overturned cosby s conviction in a decision by justice david wecht already known as pennsylvania s great dissenter apparently a polite version of justice scalia the court held that when a prosecutor makes an unconditional promise of non prosecution and when the defendant relies upon that guarantee to the detriment of his constitutional right not to testify the principle of fundamental fairness that undergirds due process of law in our criminal justice system demands that the promise be enforced there was no question that the purpose of d a castor s non prosecution guarantee was to force cosby to testify in constand s lawsuit cosby was forced to sit for four depositions that he did not and could not choose to remain silent is apparent from the record when cosby attempted to decline to answer certain questions about constand constand s attorneys obtained a ruling from the civil trial judge forcing cosby to answer most significantly cosby having maintained his innocence in all matters and having been advised by a number of attorneys provided critical evidence of his recurring history of supplying women with central nervous system depressants before engaging in allegedly unwanted sexual activity with them the very assertion that undergirded constand s criminal complaint cosby reasonably relied upon the commonwealth s decision for approximately ten years when he announced his declination decision on behalf of the commonwealth district attorney castor knew that cosby would be forced to testify based upon the commonwealth s assurances knowing that he induced cosby s reliance and that his decision not to prosecute was designed to do just that d a castor made no attempt in 2005 or in any of the ten years that followed to remedy any misperception or to stop cosby from openly and detrimentally relying upon that decision the court rejected the dissent s argument that the remedy was simply to suppress cosby s deposition testimony and subject him to a third trial it was not only the deposition testimony that harmed cosby as a practical matter the moment that cosby was charged criminally he was harmed all that he had forfeited earlier and the consequences of that forfeiture in the civil case were for naught this was as the concurrence and dissent itself characterizes it an unconstitutional coercive bait and switch here only full enforcement of the decision not to prosecute can satisfy the fundamental demands of due process the discretion vested in our commonwealth s prosecutors however vast does not mean that its exercise is free of the constraints of due process when an unconditional charging decision is made publicly and with the intent to induce action and reliance by the defendant and when the defendant does so to his detriment and in some instances upon the advice of counsel denying the defendant the benefit of that decision is an affront to fundamental fairness particularly when it results in a criminal prosecution that was foregone for more than a decade no mere changing of the guard strips that circumstance of its inequity a contrary result would be patently untenable it would violate long cherished principles of fundamental fairness it would be antithetical to and corrosive of the integrity and functionality of the criminal justice system that we strive to maintain for these reasons cosby s convictions and judgment of sentence are vacated and he is discharged cosby had served three years in prison here s bill cosby as he should be remembered https www youtube com watch v 58um5lcgjtw share this email a link to a friend opens in new window email share on tumblr opens in new window tumblr print opens in new window print share on pinterest opens in new window pinterest share on reddit opens in new window reddit share on facebook opens in new window facebook share on x opens in new window x share on linkedin opens in new window linkedin like loading posted in law tagged andrea constand bill cosby justice david wecht phylicia rashad leave a comment judge conviser rips into sora posted on february 11 2021 by appellate squawk or at least into the way it s applied sora or the sex offender registration act is a brutal set of laws whereby persons convicted of a designated sex offense not necessarily involving sexual misconduct can be required to register with the police in person every 3 months for the rest of their lives and have their pictures addresses and personal information displayed on the public sex offender website all this after they ve served their sentences marked with indelible stigma they become homeless unemployable outcasts in the name of public safety you d think such harsh lifetime consequences would be carefully and sparingly imposed not under sora an outfit called the board of examiners of sex offenders i e parole officers with connections writes up a case summary and a risk assessment instrument rai for a judge the case summary simply repeats the accusations from the criminal complaint regardless of what was actually proved at trial or by the guilty plea the rai while purporting to be a scientific instrument is nothing but a list of aggravating factors judges take these documents as gospel in vain does the defense lawyer point out that the case summary is based on dismissed or even acquitted charges even more futile is arguing that the rai is totally unscientific ten years ago judge conviser demolished the rai in people v mcfarland a 44 page decision concluding that this so called scientific instrument is so arbitrary as to violate due process the decision was met with a resounding silence thousands of new yorkers continue to be pitchforked onto the ever growing haystack of supposedly high risk sex offenders based on the rai so the judge went to the press okay it s only the ny law journal our profession s leading parakeet cage liner but how many sitting judges dare to publicly criticize a firmly entrenched procedure that nobody but a few scruffy defense lawyers sees anything wrong with we re a bit skeptical of his proposed solution of having each side proffer an expert at sora hearings we ve seen too many judges blow off psychological expertise when it contradicts their cherished beliefs still it beats adding up points on an arbitrary instrument but really the only way to reform sora is to abolish it after 25 years it is past time to reform new york s sex offender risk assessment system_ part i _ new york law journal after 25 years it is past time to reform new york s sex offender risk assessment system part ii share this email a link to a friend opens in new window email share on tumblr opens in new window tumblr print opens in new window print share on pinterest opens in new window pinterest share on reddit opens in new window reddit share on facebook opens in new window facebook share on x opens in new window x share on linkedin opens in new window linkedin like loading posted in sora tagged judge daniel conviser risk assessment instrument 1 comment older posts like this blog bookmark it and inflict it on others judge wool says ideology is our way of rationalizing our desire to harm others today s quote i m not eccentric i m just more alive than most people i m an unpopular electric eel in a pond of goldfish edith sitwell recent posts oral argument to be replaced by chat bot 2023 lunar new year of the rabbit the charade of appellate review appellate judges to be replaced by chatgpt act up hiv is not a sex offense getting aids from typewriter keys ny da supports discrimination agai...