In Case You Missed It

1. Here's a link to the October 2009 version of Federal Convictions Reversed, a publication from the Federal Public Defenders of the Northern District of New York. FCR contains cases from United States Courts of Appeal and the United States Supreme Court which contain at least one point favorable to criminal defendants. It's a great starting point whenever you get a federal case. http://www.nynd-fpd.org/reversible%20errors/federal%20convictions%20reversed%20%2010.2009.pdf

2. All lawyers need to attend the Bar Resolution meetings and support Resolution 09-2. It amends I.R.P.C. 3.8 ("Special Responsibilities of a Prosecutor") to conform with the ABA Model Rule. In particular, the following language would be added to the current rule:

g) when a prosecutor knows of new, credible material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall:

(1) promptly disclose that evidence to an appropriate court or authority, and
(2) if the conviction was obtained in the prosecutor’s jurisdiction,
(A) promptly disclose that evidence to the defendant unless a court authorizes delay, and
(B) undertake further investigation, or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit.

(h) when a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction.

3. Here's an article about dog lineups. Not lineups of doggie defendants, but lineups of humans who are sniffed by a dog. Turns out the nose does not always know. Has this ever happened in Idaho? http://www.nytimes.com/2009/11/04/us/04scent.html?_r=1&hp