May, 2017 | McLane Bednarski & Litt, LLP

30 May

Fake Cop “Experts”: Some Good and Bad Cases.

May 30, 2017

BLOG BULLETS: There are bad cases allowing cop “expert” testimony about, inter alia, gang members lying for each other, the value of drugs, quantities of drugs that are typically intended for distribution, drug trafficking organizations not using unknowing couriers, and other types of modus operandi testimony, though remember these cases hold only it wasn’t an […]

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16 May

Fake Cop “Experts”: Yes, Daubert Applies to Them Too – Sort of Sort of.

May 16, 2017

By Carl GunnPress

BLOG BULLETS: The Ninth Circuit has held a court isn’t absolutely required to hold a pretrial hearing in order to perform its gatekeeping role under Daubert. Still, the court has recognized such a hearing is appropriate in certain cases and acknowledged the difficulties of requiring an attorney to explore the Daubert issues in front of […]

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4 May

Fake Cop “Experts”: Yes, Daubert Applies to Them Too – Sort of.

May 4, 2017

By Carl GunnPress

BLOG BULLETS: District courts are required to play the same screening, “gatekeeping” role for non-scientific experts like law enforcement “experts” that courts are required to play for scientific experts. The court isn’t necessarily required to apply the specific factors listed in Daubert for scientific experts, but it can use those factors if it thinks them appropriate […]

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About the Blog

Shortly before I moved on after 28 years of work as a Federal Public Defender, one of the younger attorneys I had the honor to mentor forwarded me an e-mail he’d received from an Assistant United States Attorney. The e-mail complained that my younger colleague was being extremely frustrating, that my colleague was making far too much of a “simple little case,” that the client in the case was going to be deported no matter what, and that my colleague was forcing the prosecutor to “expend a tremendous amount of effort” on what the prosecutor characterized as a “silly issue.” He ended his e-mail by asking, “Have you been hanging out with Carl Gunn?”

Some people would have been insulted by this, but I felt rather proud. Making as much as we can out of what the government sees as “simple little cases,” litigating issues despite the government’s view that they might be “silly,” and “expend[ing] a tremendous amount of effort” on behalf of clients who have the full weight of the government thrown up against them – often with the government’s view that the case is open and shut, or “simple” – is our calling as public defenders and defense attorneys. We all have our different reasons for doing it, but it’s a crucial task – for our clients, our system, and ourselves. As Sir Thomas More was said to say in “A Man for All Seasons” in response to his future son-in- law’s exclamation that he’d “cut down every law in England” to get at the devil: “Oh, and when the last law in England was down and the Devil turned round on you – where would you hide, Roper, all the laws being flat?”

I’m proud if “hanging out with Carl Gunn” means not just accepting the government’s view that cases are “simple” and “little,” that issues are “silly,” and that we shouldn’t expend resources on our clients. Hence the name of this blog: “Hanging out with Carl Gunn.” I hope to offer some thoughts and ideas that the government may think are “silly,” but I respectfully don’t; that you can use in cases that the government may think are “simple,” but aren’t so simple when looked at more critically; and that are an entirely appropriate way to expend our resources. And in the spirit of this being a “hanging out” together, there might be guest bloggers from time to time with their “silly” ideas to offer. I hope you find some of the ideas on this blog helpful and offer whatever comments you might have to add to them.

Month: May 2017

Fake Cop “Experts”: Some Good and Bad Cases.

Fake Cop “Experts”: Yes, Daubert Applies to Them Too – Sort of Sort of.

Fake Cop “Experts”: Yes, Daubert Applies to Them Too – Sort of.

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