Wednesday Writs: Mailing It In Edition


Em Carpenter

Em was one of those argumentative children who was sarcastically encouraged to become a lawyer, so she did. She is a proud life-long West Virginian, and, paradoxically, a liberal. In addition to writing about society, politics and culture, she enjoys cooking, podcasts, reading, and pretending to be a runner. She will correct your grammar. You can find her on Twitter.

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14 Responses

  1. Avatar Doctor Jay says:

    [WW3] Wow, I don’t trust Frank Carson a lick based just on that Modesto Bee story. That’s not enough to send him to prison, but yikes.

    Can we call, “the prosecutors are out to get me because they hate my many victories” the Trump Defense?Report

  2. Avatar Oscar Gordon says:

    WW6: Is there a link for this one? Is it in the mail?Report

    • So, Heinlein’s Fair Witnesses? Not “Video or it didn’t happen”, but “Trained human witness or it didn’t happen”? I was always a bit fond of the example in the story, where a Fair Witness is asked what color the house on the hill has been painted. The response after she turns and looks is “It’s white on this side.”Report

    • Avatar Oscar Gordon in reply to Oscar Gordon says:

      Maybe some kind of encrypted watermarking?Report

    • This is going to become a larger problem for the justice system as the technology improves.

      Note also that technology tends to improve at a rate far faster than the rate at which judges, legislators, and legal scholars can learn about the implications of new technology.Report

      • Avatar Em Carpenter in reply to Burt Likko says:

        Several years ago my client was up on a probation violation. Among the evidence the prosecutor tried to admit was a print out from my guy’s Facebook with a post saying something incriminating, like about drugs or a gun or something.
        The judge was a really tough one, equally an asshole to all parties.
        I objected on grounds of authentication, that he couldn’t prove it was really my client’s FB. So he asks the PO about the profile pic to establish that it’s my client, I continued to object successfully and he simply could not figure out why the judge kept sustaining me. The judge understood what I was saying but the pros didn’t; it may have been a pic of my guy and a page purporting to be my guy, but there was no way to prove he himself had created it. Anyone could do it with a photo of anyone else. You’d need FB and technical evidence about metadata etc. to trace it back to my client definitively.
        Now, a probation violation only needed to be proven by preponderance of the evidence and the judge totally could have decided it was more likely than not my client and admitted it. But like I said, he was a dick.
        That prosecutor was super mad.
        (Also it was totally my guy’s FB page.)Report

        • Avatar DensityDuck in reply to Em Carpenter says:

          This is like that story about the lawyer who held up a trial for several days arguing that the prosecution needed to define what a photocopier was before they could claim that the accused had made a photocopy of something.Report

  3. The justice to watch in these cases is Neil Gorsuch, who has advocated for a strict judicial approach that adheres to statutory language. During oral arguments in October, he admitted that the question for him is “really close” but that he worries about a “massive social upheaval” if the court rules in favor of gay and transgender employees.

    This is saying the quiet part out loud. He’s going to find that LGBT workers aren’t protected because he doesn’t think they should be, but claim it’s all about the originalism.Report

  4. Avatar Aaron David says:

    WW8 – I mean, I want to end QI, but jesus christ!Report

  5. Avatar Kolohe says:

    Ww7 – jfc this case? Is still churning? Holy guacamole. (I knew it was a bit ago, but I would not have guessed that the inciting incident was in *2005*)Report

  6. Avatar Jaybird says:

    WW1: Here’s where he lost me: “But legislation may not be necessary to reform qualified immunity.”

    Is there a point at which it might be sufficient?

    I mean, I’d love for the Supreme Court to have a ruling that would make the legislation moot.

    Is that the way to bet?Report

  7. Avatar jack says:

    I made another big batch this past weekend after we got home – there were a bunch of ripe tomatoes in the garden after being gone – and we actually had company from SC arriving the day we got back. Yep. So there are still some leftovers..Report

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