Month: September 2018

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The regular assortment of criminal justice f*ckery had to be delayed a few days to accommodate life. Until then, we’ve got the first of a several-part series on the Rules of Evidence and how they play out in the discussion of Brett Kavanaugh’s nomination to the Supreme Court!

Join the conversation by following @fsckemall on Twitter, and tweet us your comments and questions using the hashtag #fsck!

*THANK YOU* to this week’s Show Note Sponsors (Trey Benfield, Rob Elder, Melanie Greenan, Judi Kane, Colleen Mahaney, Charlotte Mobley, J A. Sutherland, and Michael Teal) and our #Law140 Lovers (Damien Boyd, Matthew Boyer, Brian Gilbreath, Tyler Kiley, Byron Mobley, Andrew Murphy, Erica Phillips, Helen Poston, Joe Sevits, and Michael VanOrder)!

Show Notes:

• *THANK YOU* to everyone who donated to our Boys & Girls Club fundraiser! (Twitter)
• Trump Supreme Court nominee Brett Kavanaugh has been accused of attempted rape (NY Times)
• And waving his schlong in a drunk girl’s face (The New Yorker)
• And gang rape? (Twitter)
• NC’s Pattern Jury Instruction on Direct vs Circumstantial Evidence (UNC School of Government)
• FRE 401 on Relevant Evidence (LII)
• FRE 402 on Admissibility of Evidence (LII)
• FRE 403 on Excluding Relevant Evidence (LII)
• Our earlier episode on scientific evidence (Fsck #12)
• Sprint/United Management Co v Mendelsohn (Oyez)

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We’re back on regular rotation! This week we have *5* different appellate decisions on qualified immunity, child molesters on the police forces in California and Florida, and a killer cop in Texas with a story that makes no sense.

This week’s #Law140 was a Patreon exclusive on Roy Moore’s lawsuit against Sacha Baron Cohen – a link to check it out is in the show notes!

Join the conversation by following @fsckemall on Twitter, and tweet us your comments and questions using the hashtag #fsck!

*THANK YOU* to this week’s Show Note Sponsors (Trey Benfield, Rob Elder, Melanie Greenan, Judi Kane, Colleen Mahaney, Charlotte Mobley, J A. Sutherland, and Michael Teal) and our #Law140 Lovers (Damien Boyd, Matthew Boyer, Brian Gilbreath, Tyler Kiley, Byron Mobley, Andrew Murphy, Erica Phillips, Helen Poston, Joe Sevits, and Michael VanOrder)!

Show Notes:

• Check out Episode 81 on Roy Moore’s lawsuit against Sacha Baron Cohen (Patreon)
• Trump-supporting R Congresscritter Chris Collins has been federally indicted (Fsck #79)
• Trump-supporting R Congresscritter Duncan Hunter has been federally indicted (CNN)
• Trump-supporting foreign policy adviser George Papadopoulos has been sentenced (NY Times)
• Trump-supporting former campaign manager Paul Manafort has pled guilty (NY Times)
• Trump-supporting former lawyer Michael Cohen has pled guilty (NPR)
  • And implicated the Papaya POTUS in multiple felonies (The New Yorker)
• 5th Circuit: Judge Don Willett has thoughts on qualified immunity (Simple Justice)
  • The opinion in Zadeh v Robinson et al (5th Circ COA)
• 6th Circuit: No qualified immunity for deputies who intentionally tased pregnant woman in the stomach (6th Circ COA)
• 6th Circuit: No qualified immunity for officer who groped 17-year-old girl because she looked like a “junkie whore” (6th Circ COA)
• 9th Circuit: No qualified immunity for school police officer who arrested group of girls “to prove a point” (9th Circ COA)
• 9th Circuit: No qualified immunity for IRS agent who demanded to watch woman use the bathroom (9th Circ COA)
• Study: Race and gender bias is rampant in law firms (ABA Journal)
• Federal prosecutors admit they falsely accused Russian spy of offering sex for work (NY Times)
• Sheriffs who cheered Trump’s attacks on the media had their own run-ins with the media (UK Guardian)
• CALIFORNIA: Los Angeles PD officer Kenneth Collard charged for sexually assaulting 13-year-old daughter of fellow officer (LA Times)
• FLORIDA: Biscayne Park PD chief Raimundo Atesiano pleads guilty to framing innocent black men (Miami Herald)
  • Our episode on the initial indictments against Biscayne Park PD (Fsck #72)
  • And the expanded investigation (Fsck #76)
  • And the initial guilty pleas (Fsck #77)
  • And framing Clarens Desrouleaux (Fsck #79)
• FLORIDA: Miami-Dade PD lieutenant Braulio Gonzalez arrested for sexually assaulting an 8-year-old girl (WSVN 7)
• GEORGIA: Ilya Zaretsky spent a year in jail for rape he didn’t commit, as ex-wife’s family tried to extort him (WSB 2)
• KENTUCKY: Providence PD sergeant sentenced to 3.5 years in federal prison for illegally beating, arresting a citizen who tried to file a complaint (US DOJ)
• LOUISIANA: Plaquemines Parish deputy Brian Green given “indefinite paid leave” for being in alt-right group (New Orleans Advocate)
• MARYLAND: Harford County deputies get virtual reality training on how to not kill dogs (Reason)
• MINNESOTA: DA expunges 40+ charges brought by former Chaska PD officer Joshua Lawrenz, who profiled Hispanic drivers (Minneapolis Star-Tribune)
• NEW JERSEY: NJ Supreme Court decides police video is not a public record (Asbury Park Press)
• NEW YORK: John Bunn spent 17 years in jail for a murder he didn’t commit; now he brings books to prisons (CNN)
• NEW YORK: NYPD officer on camera with gun drawn, casually drops N-bomb, spazzes on methadone patients (NY Post)
• NEW YORK: Multiple NYPD officers arrested for running a gambling and prostitution ring (NY Post)
• NEW YORK: Rochester refuses to disclose how much taxpayer money it paid to settle brutality cases, to “protect taxpayers” (WHEC 10)
• OKLAHOMA: Cleveland PD officer Terry Browne charged with drug trafficking after being stopped with 160 pounds of weed (KFOR 4)
• PENNSYLVANIA: Judge dismisses false report charges against Pittsburgh PD officer Kaelen O’Connor, who falsified reports to cover up partner’s road rage (Pittsburgh Post-Gazette)
  • Our episode on O’Connor’s arrest (Fsck #59)
• TEXAS: Dallas PD killer cop Amanda Guyger charged with manslaughter for extrajudicial summary execution of Botham Jean – in Jean’s own apartment! (Dallas Morning News)
  • A good compilation of subsequent developments (Vox)
• TEXAS: Another U.S. Border Patrol officer in Webb County, Juan David Ortiz, arrested for murdering women (Washington Post)
  • Border Patrol agent Ronald Burgos-Aviles, in the same sector, killed a woman and her 1-year-old child (Fsck #59)
• WISCONSIN: Lawsuit settlements for abuse in Wisconsin’s teen prisons cost taxpayers $20,600,000.00+ (Milwaukee Journal Sentinel)

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The episode title says it all: we’re still here! Join us in this mini-pod as T. Greg explains where the podcast has been for the past month, and provides updates on what’s coming next!

Make sure to check out our page on Patreon for exclusive patron-only content!

Join the conversation by following @fsckemall on Twitter, and tweet us your comments and questions using the hashtag #fsck!

*THANK YOU* to this week’s Show Note Sponsors (Trey Benfield, Rob Elder, Melanie Greenan, Judi Kane, Colleen Mahaney, Charlotte Mobley, J A. Sutherland, and Michael Teal) and our #Law140 Lovers (Damien Boyd, Matthew Boyer, Brian Gilbreath, Tyler Kiley, Byron Mobley, Andrew Murphy, Erica Phillips, Helen Poston, Joe Sevits, and Michael VanOrder)!

Show Notes:

• The origin story of the new podcast mascot: Chance (Twitter)