Mimesis Law
23 September 2017
  • Fear Of Knowing: Why Not Test The DNA?

    by - Sep 28, 2016
    (Comments: 5)
    September 28, 2016 (Fault Lines) — I was standing at the podium in federal court arguing about the constitutionality of a provision of Ohio’s law on post-conviction DNA testing. It’s not available for everyone.  You have...
  • AEDPA – Because Getting It Over With Is The Most Important Thing

    by - May 18, 2016
    (Comments: 0)
    May 18, 2016 (Mimesis Law) — People who know me roll their eyes when I say it, and folks who read stuff I’ve written (here, for instance, or here) yawn, but really, I don’t care about...
  • See Something? Maybe Think Before You Say Something?

    by - May 11, 2016
    (Comments: 13)
    May 11, 2016 (Mimesis Law) — Sitting at the gate at Newark airport.  Waiting for my flight to Cleveland.  Taking notes about something or other.  Maybe a transcript.  Maybe a brief.  Maybe thoughts for a blog post....
  • Distracted by the Feel-Good Story Of Innocence

    by - May 4, 2016
    (Comments: 5)
    May 4, 2016 (Mimesis Law) — In 1963, Paul Gatling entered a guilty plea to the murder of Lawrence Rothbort in the Crown Heights section of Brooklyn.  The alternative, he feared, was a death sentence.  So...
  • The Supreme Court of Kansas, Or Maybe It’s Oz

    by - Apr 27, 2016
    (Comments: 3)
    Apr. 27, 2016 (Mimesis Law) — Kansas.  Who knew it would be Kansas? Unless you’ve been skipping your daily dose of court news or blog posts (including here on Fault Lines, over at Simple Justice, at...
  • Four Steps To Death, Unless It’s Too Much Effort

    by - Apr 20, 2016
    (Comments: 1)
    Apr. 29, 2016 (Mimesis Law) — A capital prosecution in Ohio works roughly this way. The grand jury charges aggravated murder (Revised Code Section 2903.01) and one or more death specifications (R.C. 2929.04(A)). If the jury...
  • Harmful Harmless Error

    by - Apr 13, 2016
    (Comments: 1)
    Apr. 13, 2016 (Mimesis Law) — It’s called the “harmless error rule,” and if you squint really hard and think like a prosecutor, it almost makes sense. Consider the trial. Something went wrong.  Really, something always...
  • Two Murders, Two Cities, Too Little Regard For DNA

    by - Mar 16, 2016
    (Comments: 0)
    Mar. 16, 2016 (Mimesis Law) — From Charles Dickens’ A Tale of Two Cities: IT WAS the best of times, it was the worst of times, it was the age of wisdom, it was the age...
  • The System: San Andreas Fault Edition

    by - Mar 9, 2016
    (Comments: 7)
    Mar. 9, 2016 (Mimesis Law) — Last year, as you know if you pay attention to these things, 149 men and women across the country who had been convicted of serious crimes were exonerated.  It was...
  • Life Plus? It Ain’t Necessarily So

    by - Mar 3, 2016
    (Comments: 4)
    Mar. 3, 2016 (Mimesis Law) — As Jeralyn Merritt pointed out, maybe they’d like to give life plus cancer out as a sentence because, well, why not. I mean, it’s supposed to be punishment, right? Take...

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