WOW--the MA Supreme Judicial Court, holding this morning that sentencing emerging adults (18, 19, 20 year olds) to life without parole violates the state constitution. Huge congratulations to attorney Ryan Schiff and the many amici involved in making this happen!
You can represent someone without taking on their petty hatreds as your own--and even without encouraging or indulging your client's own pettiness and hatred. This is trash behavior if true.
Johnny Depp's lawyer Camille Vasquez admitted in a panel this week that during the 2022 trial she had a female member of his legal team spray Depp's cologne in the court toilets used by Amber Heard to wage "psychological warfare" against her. Do you know how fucking evil that is?
@Lindsay7707
@clhubes
Yeah calling them step-siblings is the thing that made my head explode. I have a much younger half brother and never ever thought of him as anything other than my brother. Undermining that sibling relationship just sucks.
It seems notable here that Harvard's Honor Code, which it applies to its students, doesn't have the same intent requirement. Harvard students get disciplined for this same kind of carelessness about citations all the time.
@chronicle
Harvard points to the FAS policy on research misconduct (which I'll link below).
Neither the panel or subcommittee "found evidence of intentional deception or recklessness in Gay’s work, which is a required element" for finding misconduct under this policy.
I've advised clients that if it comes to it, better to serve a short sentence than to be on the sex-offender registry for life. Amazing that this aspect of a sentence is so discounted.
@ManikkaB
@connorsfarm
We don't know each other, but I'm a Cambridge resident and one of your school committee constituents. I'm so sorry this happened to your family; thank you for speaking up. What you're asking for is more than reasonable. We will certainly not offer
@connorsfarm
our business.
It's disgraceful that MA hasn't changed this law yet. Incarcerated people are part of the community before, during, and after incarceration and are uniquely at the mercy of government. They should have a vote.
@zunguzungu
I just finally read it and it's weirder than I imagined. I had an ectopic pregnancy which I deeply mourned. But this is so divorced from the reality of what an early pregnancy is.
Probably worth noting that MA law in murder cases generally imposes draconian mandatory sentences--it's life without parole for a first-degree murder conviction, and life with the possibility of parole for second-degree. No sentencing discretion. Parole is very hard to get.
Arraignments continue today from this weekend's arrests
The lead
@nlgmass
lawyer representing arrestees,
@SusanBChurch11
, was just TAKEN INTO CUSTODY on contempt for reading case law into the record about how denying nolle pros violated the law!!
Judge Sinnott is OUT OF CONTROL
@RMFifthCircuit
These are all bad, especially when considered collectively, but the objective worst is that his client had not seen the indictment before his federal court plea.
@Too_Big_To_Fail
His other recent posts--which can pretty fairly be read as threatening witnesses--do seem concerning. This one is just straight criticism of prosecutors' choices, which should be allowed.
Personal news: I'm starting 2023 with a big change and am now a solo practitioner. I'm very excited to build my new independent practice. (But also sending lots of love to my colleagues of 15 years
@zalkindlaw
, from whom I learned literally everything.)
@flamingpetty
I was 21 and I remember this so well. Any time I think of The Onion, I think of this issue. It was so striking and SO different from anything any other media or comedy outlet was doing at that moment.
Rare that I agree with changes in the law that make it worse for criminal defendants, but I think the SJC gets it right here about revelations of infidelity as reasonable provocation--misogynistic and outdated.
Nice Massachusetts Appeals Court win today by a pro se plaintiff challenging his prison's refusal to disburse funds from his inmate account. Good for Mr. Fitzpatrick here, for persisting without counsel after a loss in the Superior Court.
@larabazelon
It seems like it will be hard for someone in this mindset to make it through voir dire, though, doesn't it? I agree with you but in practice I feel like the system is set up to try very hard to prevent this.
@KSVesq
I find it both depressing and a little reassuring how much my kids are used to this as their reality. It sucks--but I think it's stressful for me in a way that it isn't for them because its been part of their world for so much of their lives.
@kcjohnson9
@chronicle
This, too, is really smart: "They also might have advanced the mission of Yale Law by educating the complainants about what is and is not actionable harassment and discrimination: as future lawyers, they will do themselves no favors by bringing frivolous claims."
This, from the Glove, is really disappointing. It's incorrect, and even cursory reporting would reveal that. I don't think a single New England school uses anything other than a preponderance standard. Makes me question reliability of Glove reporting on topics I know less about.
Editorial also falsely asserts that the "Trump-era rules" "set" a standard of "clear and convincing."
What New Egland college or university uses the clear and convincing standard to adjudicate TIX allegations?
Is it too much to expect factual accuracy of
@BostonGlobe
editorials?
For my
#CambMA
folks on this rainy election day, this is just a plug to consider
@eugeniaschraa
as your
#1
vote for school committee! Eugenia is smart, detail -oriented, data-driven, and dedicated to equity and academic excellence.
You shift from a system in which affluent kids are disproportionately in the advanced class to a system where the advanced class is now available *only* to those with parents who are rich enough and motivated enough to buy private lessons.
🧵HUGE NEWS—After remand by the SJC + additional fact-finding & expert testimony, Suffolk Superior Judge Ullman ruled that mandatory life without parole (LWOP) sentences for people ages 18-20 at the time of their crime are UNCONSTITUTIONAL under the MA Constitution, art. 26:
@attorneydad
Absolutely not. With a slight maybe, if I were confident that (1) I knew all the facts about the accusation, (2) I knew exactly was on the phone, and (3) the phone contents were fully and obviously exculpatory. In the real world I can't believe those conditions would be met.
@JusticeLandau
I hid a pregnancy for months from opposing counsel, while trying to get case through SJ before baby. Ended up needing extension that would have put SJ in middle of leave. She agreed to an extended schedule that 100% accommodated me, said she would NEVER do otherwise.
I made these calls and encourage my fellow
#CambMA
folks to call also. We really rely on the Mem Drive closures for a safe place for our kids to ride their bikes on the weekend.
Exactly, this lowers net traffic, noise, and air pollution, and provides important open space for environmental justice. Please make time to call today:
* DCR at 617-626-1250
#3
(or 617-360-1715)
* Governor Healey’s Office 617-725-4005
* Rep Decker’s Office 617-722-2130
@kcjohnson9
I think this exaggerates how independent of the university a private law firm hired by the university, hoping to work for it again in the future, actually is.
@Notyouravgmom31
@zunguzungu
YES that was my exact thought. What did she think was in there? Not to be awful about someone who is grieving, but did she want them to bring her a teaspoon of tissue? There's something so deeply weird about fantasizing that they could bring her a tiny dead baby to hold.
The more appellate defense I do, the more trial transcripts I read, the more I am impressed by how good
@CPCSnews
lawyers are. Happy
#PublicDefenseDay
!
Happy
#PublicDefenseDay
to all public defenders, especially our partners at
@CPCSnews
! We are all working together in defense of individuals and communities harmed by the criminal legal system. We are so grateful to public defenders for defending the rights of indigent people!
@RilezTweetsEsq
Three months in. A model without a lot of overhead gives me freedom to do a lot of appointed appellate criminal work at low rates, and to offer lower rates to my private clients, and to work fewer hours--so pretty much win win win except for having to do my own bookkeeping.
Both wonderful and hilarious--I returned to my office from filing this complaint to learn that the state Department of Corrections is granting my client's medical parole release, mooting the case.
Mass. SJC: When your lawyer is asleep for any significant portion of your criminal trial--no matter how you measure that, quantitatively or qualitatively--that isn't ineffective-assistance of counsel; it's denial of counsel.
#AppellateTwitter
MA appeals court case today with a good reminder--just say everyone's race at trial. The defendant, the jurors, witnesses if it's relevant. Otherwise, on appeal the court will say the all-white jury isn't in the record.
I see a trend of schools trying to use "professionalism" and other vague conduct standards to get out of
#TitleIX
procedural requirements and definitions, especially for grad students, faculty, and university employees. Unfortunate if the 6th Cir. is planning to say that's okay.
CA6 declines to conduct oral argument in
@waynestate
acc'd student appeal, which wouldn't seem like a good sign for student.
Odd case factually: med student where school handled allegation as "professionalism" claim w/apparent goal of minimizing student's procedural protections.
@pschofie79
There's a MA case today about Tufts trying to cut salaries of tenured professors if they don't bring in enough grant funding that made me think this same thing--that academic freedom is not just about controversial stances.
@segalmr
My experience clerking was that my judge -- and his spouse -- were scrupulous about this stuff. I also would suspect that a lot of Judge Ponsor's peers strongly agree with this.
@JusticeLandau
I appreciated this in particular because in general our relationship was not the best. But she didn't have to like me to do the decent thing.
The longer I'm a lawyer, the less snark towards the other side and especially towards opposing counsel I include in my writing. It's not convincing and you look bad (because you are low-key behaving badly).
@jmp_nyc
@Too_Big_To_Fail
I do think jury selection will be a nightmare in all of the cases against Trump. I followed the Tsarnaev case here in Boston closely and it was hard there--this will be worse.
@AkivaMCohen
This feels like a different -context version of the people who insist that there's no evidence for a claim because they don't believe that testimony is evidence. (And in both contexts, people are especially unlikely to count testimony as evidence if it's from women or children.)
@DaraPurvis
I had the EXACT same experience with my very wanted first pregnancy. I am flooded by the idea of deliberately putting women in that situation at risk like this.
Last time the
@BostonGlobe
wrote about
#TitleIX
, I wrote a letter to the editor (that they didn't publish) in part to correct exactly this misunderstanding about the standard of proof. So it's frustrating to see it repeated again in today's editorial. Here's the letter I sent:
@abdallah_fayyad
I'm sympathetic to the idea that ideas and policy trump most other issues. But it feels disingenuous to focus on the suspended license--to me the license suspension/registration are less concerning--instead of the behavior that created risk (speeding/no booster seat).
Still mulling over the conversation with my three-year-old about what animals we eat, where she solemnly explained that baby lambs probably don't like being eaten, so instead "we should do it to the moms." Moms! Always available to meet your needs.
@thejenlife
Even better than non-lawyer staff: I was mistaken for my former boss's daughter multiple times. A male lawyer in court all but patted me on the head while asking, "Is that your dad?" We do not particularly resemble each other.
You will be shocked to learn that the union lost at hearing and on appeal in this gender discrimination case, in which union officials thought it was wise to talk about how women workers "did not complain" and "knew their place."
Last time the
@BostonGlobe
wrote about
#TitleIX
, I wrote a letter to the editor (that they didn't publish) in part to correct exactly this misunderstanding about the standard of proof. So it's frustrating to see it repeated again in today's editorial. Here's the letter I sent:
This, from the Glove, is really disappointing. It's incorrect, and even cursory reporting would reveal that. I don't think a single New England school uses anything other than a preponderance standard. Makes me question reliability of Glove reporting on topics I know less about.
@Too_Big_To_Fail
I actually thought the beginning was pretty reasonable! I too would not like it if people put up posters of my face falsely accusing me of sexual misbehavior! But yes, it then goes far off the rails to an extent that makes me think this person is unwell.
@RMFifthCircuit
Oleana in Cambridge; Giulia in Cambridge; Sumiao Kitchen in Cambridge; and Myers & Chang in the South End are all great (and all very different from each other). If you are a beer guy, we love the Cambridge Brewing Company. (I live in Cambridge so my recs are mostly there.)
This is as cogent an explanation as I've seen of what's happening on the border, why, and how it differs from what was happening under prior administrations:
This is important good news for students who seek redress from the federal courts under pseudonym. The inability to proceed under a pseudonym would mean inability, in practice, to proceed because publicity around litigation can undermine the goal of repairing reputation.
CA1 ruling: Nuanced opinion vacates district court order denying pseudonym, offers 4general areas of thought--plus an extended discussion of FERPA and TIX--that most acc'd students should be able to meet. CA1: MIT argument on FERPA as req'ing "rose-colored glasses" for statute.
@kcjohnson9
@chronicle
It just does no one any good in the long run to forget that these are legal terms that have specific meanings that YLS students should understand.
I love the sign at this house in
#CambMA
, inviting the public to come around to the backyard to see the rest of their gorgeous garden. (These pictures are both of the front because I was on a run but the back is also lovely.)
The care I've seen clients receive and clients have told me they receive from Wellpath is really abysmal. None of us would tolerate our pets being treated this way, let alone our own family, but this is routinely done to people in state prison and at BSH.
@glukianoff
When the librarian at my kids' school wrote an op-ed declining a donation of books from Melania Trump. Conservatives literally shut down the school's phone system demanding that she be fired. (She wasn't.)
I agree with this. But I will add that I think a lot of commentary about universities right now is based on speculation about who is and is not being disciplined, and given confidentiality of most campus disciplinary processes, not all of it is correct.
I really think university presidents need to get back to first principles, which start with colleges being centered on education. Nobody interrupts anyone's education (which includes listening to invited speakers)
Want to protest? Do something that doesn't interrupt the speaker.
After Persky recall, sentences in CA "increased by 30% in the six weeks following the announcement of the recall, and because the criminal legal system is structurally racist, those sentences disproportionately affected low income and people of color”
I appreciate so much how willing criminal defense lawyers just about always are to be helpful to other criminal defense lawyers. I benefit so much from the work and thoughts and energy of so many people.
The really rad thing about being a personal injury lawyer is slowly developing an irrational fear that anything and everything could kill or maim you at any time 🥳
I represent former Harvard Business School professor Ben Edelman in his contract case against the school. I'm happy to report that this morning the Suffolk Superior Court denied Harvard's motion to dismiss the case, letting it move forward to discovery.
@alixabeth
I had an ectopic pregnancy that could have killed me or at the very least destroyed my fertility if not treated promptly and medically in a way that several states are forbidding now. No one in my family is living in those states if we have a choice.
I'm just going to say it, I get too much communication from my children's school. "New district motto coming soon" isn't an alert I need. Nor do I need an email about accreditation of a school my children don't attend.
I can't be there in person today but I am donating (again) to
@MassBailFund
, whose work is always important but never more so than right now. And I am re-upping my
@nlgmass
membership.
@K_NoiseWaterMD
My worst day also involved a client's suicide, related to the case I represented him in. It haunts me like I can't even describe. I'm sorry for your loss.
@questauthority
I would think it raises sufficient questions about the juror's honesty during voir dire that the court has to at least inquire of the juror about the discrepancy and the reasons for it.
@JacobAShell
@kcjohnson9
I think it would be very reasonable for a school to frame statements on current events primarily in terms of concern and support for students who are affected. But it's fair to observe that hasn't been Harvard's practice on other issues.
THREAD: Today we released our 2021 Law Firm Climate Change Scorecard.
The scores are dismal, and here's why: even now, as time is running out to avoid climate catastrophe, top law firms are INCREASING the amount of work they do to make the climate crisis worse (1/8)
I have run the same race, the Harpoon 5-Miler, almost every year since 2008. In my late 30s, I realized I had a shot at placing in it after turning 40. Turned 40 in 2020--no race. 2021--no race. Last year I blew it. This year, at 43, I finally came in 3rd in my category.
Reading this whole opinion raises the question why the DOC didn't resolve this by giving the plaintiff a new form to fill out to get his funds transferred as he wished. Maybe I'm missing something but I'm not sure DOC fighting this case was a good use of taxpayer resources.
Nice Massachusetts Appeals Court win today by a pro se plaintiff challenging his prison's refusal to disburse funds from his inmate account. Good for Mr. Fitzpatrick here, for persisting without counsel after a loss in the Superior Court.
If anything BOP released far too few people to home confinement during the pandemic. The Biden administration should
#KeepThemALLHome
and that's just the beginning of how it should use its clemency powers.
Everyone released under the CARES act was pre-screened for safety.
They've proven themselves by living safely at home, w/family & work & volunteering & education & healthcare &c for NEARLY 2 YEARS.
Every single one who proved themselves deserves to stay home.
#KeepThemALLHome
My 3 y.o. narrates her life in the third person. So sometimes we'll be at dinner and hear her quiet voice whispering, "She poured the milk on herself to clean her sticky hands" and know that an intervention might be necessary.
@anne_theriault
Speaking of infantilizing--this, from the father's lawyer: "“Britney knows that her Daddy loves her, and that he will be there for her whenever and if she needs him, just as he always has been — conservatorship or not.”
MCI Gardner, it turns out, is surrounded by a wildlife management area, letting me kill two birds with one stone (visit clients, then get my run in). It's a little sketchy but pretty.