Trust Accounting – TrustBooks to the Rescue

Posted on - General News

Trust accounting is a pain in the neck – the software options (until now) to keep your trust account reconciled are terrible. I’ve used Excel, because using Quickbooks to manage a trust account is cumbersome. But Excel is really prone to errors, including typos and miscalculations that lead to your trust account going out of […]

How Not to Cross-Examine a Witness

Posted on - Practicing Law

My friend Dan Alban, an attorney at the Institute for Justice, appeared earlier this month before the House Committee on the Judiciary, Subcommittee on the Constitution and Civil Justice, where he provided testimony on the state of property rights in American ten years after Kelo v. City of New London. The Kelo decision was an […]

ACCA’s Residual Clause Violates Due Process

Posted on - Federal Criminal Law

While most of the country was (understandably) in the thrall of the Supreme Court holding that gays must be afforded the constitutional right to marry last week, those of us who practice federal criminal law were pondering the implications of Johnson v. United States. Johnson asked the Court to consider the constitutionality of the Armed […]

The Myth of a Twitchy Eye – HGN

Posted on - Cary DWI Lawyer

Every working day in courts throughout the land, some version of this testimony is elicited from prosecutors: Q: And what is Horizontal Gaze Nystagmus? Officer: “Horizontal Gaze Nystagmus is the involuntary jerking of the eyeballs. Imagine a ball traveling over a smooth surface. That’s how the eye should move. But when someone’s consumed alcohol, the […]

Do you Feel Lucky, Punk? Your Right to a Trial

Posted on - Sentencing Guidelines

Ross Ulbricht was sentenced to life in prison by United States District Court Judge Katherine Forrest who had the temerity to say to Ulbricht, as she imposed the judgment, “I don’t think you know that you hurt a lot of people.” Forrest, appointed by President Obama in 2011, probably doesn’t know just how she has […]

Forensic Science: The CSI Myth

Posted on - Raleigh Criminal Lawyer

Prosecutors have long complained about the CSI myth – the idea that a criminal case against a defendant can have such conclusive proof that there will be a CSI moment where the jury learns definitively of the defendant’s guilt. In voir dire, the process by which juries are selected by prosecutors and defense lawyers, prosecutors […]

Potential Criminal Charges and Consequences: Dana Cope

Posted on - Raleigh Criminal Lawyer

The News & Observer reported yesterday that former SEANC leader Dana Cope may have misspent – stolen (?) – as much as $500,000 in organization funds for his own personal use. This report comes following an independent audit conducted by a Washington DC firm hired by SEANC’s parent union, the SEIU. SEANC represents some 55,000 […]

 

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