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Story Time With a Criminal Defense Lawyer

Crim The practice of criminal law is, on average, more interesting than most civil work. So when I'm cruising around the legal blogosphere, fulfilling my LBW duties, I am often drawn to the musings of fellow bloggers who live and work in the criminal law world.

This morning, I happened upon a post by Russ Bensing at The Briefcase. Bensing is a Cleveland lawyer and a pretty prolific writer, posting almost every day. He is not shy about discussing the cases on which he works in some detail. As we've noted here before, whether that's wise is a subject of some debate

In any event, he posted this morning about a suppression motion he took on for a friend and colleague, in what he calls a "major drug case." He tells the tale from beginning to end, painting fairly detailed pictures of the players -- the defendant, the prosecutor, the judge. The theme of his post is that he lost by being a nice guy, agreeing to multiple continuances and such for long enough that his client got arrested again in the interim. This, he suggests, colored the judge's perception of the defendant to the point that, though she had, earlier, indicated that she was leaning in favor of suppression, she changed her mind.

The defendant (advised by Bensing's buddy) pled out, so Bensing won't get the chance to appeal the ruling. It's a shame, because I, for one, would have been interested to read his take on the appellate briefing and oral argument process in this one.

So there's your criminal law anecdote for today. Having now discovered it, I intend to revisit Bensing's blog, read more about his work, and do a little bit of vicarious living. It beats writing nasty letters about how many subparts are included in these interrogatories so as to be counted against the limit.

Posted by Eric Lipman on November 4, 2010 at 12:35 PM | Permalink | Comments (5)


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