An article I was reading yesterday mentioned that from 1989 until the time the article was written in 2018, there were more than 2,000 exonerations. Aliza B. Kaplan and Janis C. Puracal, “It’s Not a Match: Why the Law Can’t Let Go of Junk Science” 81.3 Alb.L.Rev. 895, 921 (2018). Many of those people, like Mr. Maurice Hastings, lost massive chunks of their lives. In his case, 38 years. The sad part, as one news story stated, is that Hastings sought DNA testing in 2000, but at that time, the DA’s office denied the request. — J. Emilio Flores, “L.A. man wrongly imprisoned for 38 years declared ..read more

I arrive at the end of another year. Another year of futilely fighting for a true justice system. I fight not for the kind of system that requires scare quotes around the word “justice” — because we, and particularly our judges, are scared of not satisfying bloodlusts — but for real justice. The kind that stops after some bad thing has happened, to think about how to make the world a better place, and then does what that takes. Even if vengeance is left to the Lord. Even if we never pay back evil with more evil. After another reminder, I come to argue in favor of futile fights. The Oligatory E ..read more

State and federal Constitutions make it illegal to keep someone in pretrial custody just because they cannot afford to pay for bail. Yet, for many, many years — at least all that I’ve been practicing criminal defense — instead of granting pretrial release, courts have regularly set bail such that a large number of people are unable to be released until their cases are over. And, of course, if they are convicted, then they aren’t necessarily going to be released even then. But, hey, the judge-built incarceration-industrial complex — which in 2016 was estimated to be 6% of U.S. GDP, or approxima ..read more

For the second time in as many court days, what was formerly the United States Supreme Court, has reversed decades of legal precedent to reinforce Catholic doctrine. Thus, I propose that we no longer refer to that erstwhile court as SCOTUS, but, instead call it SCCOTUS — The Supreme Catholic Church of the United States — in recognition of the SCCOTUS Crusade. Separation of Church & State Junk There is an odd push these days by a substantial number of people for a theocracy. For those who don’t know, a theocracy is “a system of government in which priests rule in the name of God or a god ..read more

A child is born. We don’t know what he — or she, but in the context of this article, the “he-child” matters more — will become. In America, we often say, anything is possible. He could become President! He could become a rock star! Or he could “just” grow up to be a loving father, who works at an Amazon distribution center trying to support his burgeoning family. On the other hand, he could become a mass shooter. Or the victim of one. Why Gun Control Fails I have had a long-running conversation with another lawyer. A very dear friend. An ex-Marine, he’s vehemently anti-gun, or at least vehemen ..read more

Last week, a Washington Post article came my way. “Justice” Thomas laments the “declining respect for institutions and the rule of law.” People are losing faith. In advance, I apologize for the number of “scare quotes” in this post, and parentheticals. There’s just too much bullshit in American law — particularly where I practice, in Central California — for it to be otherwise. And, of course, the Supreme Court surpasses all when it comes to politics. So if “Justice” Thomas doesn’t understand why the “declining respect for institution and the rule of law” is happening, he might want to read th ..read more

Chief Justice Roberts has not been known as a bastion of Truth, Justice, or the American Way. He famously lied on numerous occasions about how the Supremes “work.” Today, though, the politically-powered court exposes its supreme hypocrisy for all to see. As I wrote in January, Those who follow such things already knew the current court was comprised primarily of liars. All you have to do is remember that Chief “Justice” Roberts and “Justice” Kavanaugh both blatantly lied at their confirmation hearings. — Rick Horowitz, “Supreme Dishonesty: The Supreme Court’s War on the Constitution” (January ..read more

Without an ounce of self-recognition, the right howls at Biden’s a priori decision to nominate a black woman to the Supreme Court. Several Senate Republicans have told CNN they disagreed with the President’s decision to name a Black woman to the court rather than judging a nominee squarely on their credentials, even though Ronald Reagan and Trump both said they’d name a female justice to the Supreme Court when they were on the campaign trail. — Jake Tapper et al, “Biden nominates Ketanji Brown Jackson to be first Black woman to sit on Supreme Court” CNN (February 25, 2022) Is it that Biden pr ..read more

A while back, I had a dream that involved a little school rivalry between towns. Imma sanitize it a little bit for purposes of this post. The kids in my dream had taken to spray painting their school colors, and sometimes little pictograms relating to their school teams, at intersections in their opponents’ towns. The opponents didn’t like this, of course. At first, they tried to interfere and stop them when they saw them. But then they started running each other down with cars. People were killed. The Dream Had a Theme I woke up several times during the night. But each time I returned to slee ..read more

“Justice” Neil Gorsuch of the United States Supreme Court wrote a dissent to a denial of certiorari. The Daily Appellate Report published it last Wednesday. The case of Trustees of the New Life in Christ Church v. City of Fredericksburg, Virginia highlights the ongoing dishonesty of the Supreme Court of the United States when it comes to the Constitution. What’s Certiorari? Since most of my readers are not lawyers, a quick explanation of certiorari. In our oligarchy, certiorari is a kind of petition to obtain permission to appeal a decision of a “lower” group of oligarchs to a “higher” group o ..read more