<?xml version="1.0" encoding="UTF-8"?><rss version="0.92">
<channel>
	<title>The Briefcase</title>
	<link>http://briefcase8.com</link>
	<description>Case analysis with an attitude</description>
	<lastBuildDate>Wed, 23 May 2012 10:51:43 +0000</lastBuildDate>
	<docs>http://backend.userland.com/rss092</docs>
	<language>en</language>
	<!-- generator="WordPress/3.2.1" -->

	<item>
		<title>Coming soon to a courtroom near you</title>
		<description><![CDATA[A couple weeks back, I did a post about a brewing controversy here in the lovely environs of Cleveland:  a county prosecutor had subpoenaed all the records of a defense investigator, including &#8220;a certified copy of all interviews, reports and notes taken in regards to the above matter.&#8221;  That seemed to toss concepts of attorney-client [...]]]></description>
		<link>http://briefcase8.com/2012/05/23/coming-soon-to-a-courtroom-near-you-2/</link>
			</item>
	<item>
		<title>What&#8217;s Up in the 8th</title>
		<description><![CDATA[Here in Cuyahoga County, the discovery procedure is pretty routine.  The defense files its request for discovery, and usually within a day or two, the responses &#8212; reports, statements, the client&#8217;s criminal record &#8212; are uploaded to the Defense Portal, and an email sent to the attorney telling him that it&#8217;s there.  He can then [...]]]></description>
		<link>http://briefcase8.com/2012/05/22/whats-up-in-the-8th-157/</link>
			</item>
	<item>
		<title>Case Update</title>
		<description><![CDATA[The only decision from the US Supreme Court last week was US v. Hall, which presented an issue of whether&#8230; oh, something about bankruptcy and tax law.  If you came here expecting to read something about bankruptcy or tax law, let alone both, it is my sad duty to disappoint you.  Back in the heyday [...]]]></description>
		<link>http://briefcase8.com/2012/05/21/case-update-221/</link>
			</item>
	<item>
		<title>Bargaining over death</title>
		<description><![CDATA[A prosecutor in a county near here used to have a policy of not plea bargaining.  His office charged you with exactly what crime he thought your client had committed, and your client pleaded to that or you went to trial.  There were exceptions to that; sometimes new information would develop that would warrant a reduction.  But the [...]]]></description>
		<link>http://briefcase8.com/2012/05/18/bargaining-over-death/</link>
			</item>
	<item>
		<title>Missouri v. Frye:  The Judge</title>
		<description><![CDATA[Back when the Supreme Court handed down its decisions a month ago in Missouri v. Frye and Lafler v. Cooper, I spent several posts analyzing the decision (here and here), and looking at it in detail from the perspective of the defense attorney (here) and the prosecutor (here).   I didn&#8217;t shortchange judges completely.  In light [...]]]></description>
		<link>http://briefcase8.com/2012/05/17/missouri-v-frye-the-judge/</link>
			</item>
	<item>
		<title>What&#8217;s Up in the 8th</title>
		<description><![CDATA[It&#8217;s been my view that some people are just very bad at making decisions in life, and that criminal defendants are vastly over-represented in this subset of the population.  Not intending to adopt a &#8220;blame-the-victim&#8221; mentality, but that often applies to them, too.  In State v. Dowdell, for example, we are introduced to Bruce Edwards, [...]]]></description>
		<link>http://briefcase8.com/2012/05/16/whats-up-in-the-8th-156/</link>
			</item>
	<item>
		<title>Case Update</title>
		<description><![CDATA[No opinions from SCOTUS this past week, although some are anticipated today.  With the big decisions on the Arizona immigration law and Obamacare due to come out in the next six weeks, it was interesting to see a Pew Research poll showing public approval of the Supreme Court to be at 52%, a 25-year-low.  Various [...]]]></description>
		<link>http://briefcase8.com/2012/05/15/case-update-220/</link>
			</item>
	<item>
		<title>Original sin</title>
		<description><![CDATA[If you want to get back to your roots as an American, there&#8217;s not much that can beat a trip to Washington, D.C.  My wife and I did that for a couple days last week. We saw some new stuff.  The Martin Luther King Memorial was just okay; both of us thought they could have done more with [...]]]></description>
		<link>http://briefcase8.com/2012/05/14/original-sin/</link>
			</item>
	<item>
		<title>Case Update</title>
		<description><![CDATA[No decisions from SCOTUS this week, and none expected next week; there are 26 cases which were argued and have yet to be decided in the seven weeks remaining in the term.  Attention is already turning to some of the cases in the pipeline for next term, and one petition up for consideration in the [...]]]></description>
		<link>http://briefcase8.com/2012/05/10/case-update-219/</link>
			</item>
	<item>
		<title>Open discovery &#8212; pushing the envelope?</title>
		<description><![CDATA[Every now and then I do a civil case, and I always marvel at how easy it is.  You mean I don&#8217;t have to wait until witnesses testify to know what they&#8217;re going to say?  I get to send the other party written questions they have to  answer, and then I get to take their depositions &#8212; in [...]]]></description>
		<link>http://briefcase8.com/2012/05/09/open-discovery-pushing-the-envelope/</link>
			</item>
</channel>
</rss>

