Federal CJA defense attys haven’t gotten paid since July, now some are facing eviction as they continue to defend poor people for free Prosecutors want judges to force attorneys to work unpaid, but defense lawyers say thats unconstitutional and “deeply insulting” Reports @latimes.com @nacdl.org

Fourth Circuit publishes an opinion to make a point that otherwise would go unseen. www.govinfo.gov/content/pkg/...

Washington. New Mexico. San Francisco. Los Angeles. Maine. Oregon. Massachusetts. Just a few of the places where the legal system is breaking because public/private defenders have stopped taking new cases because of their unethical workloads. A national crisis that few are paying attention to.

Yesterday, I had the great pleasure of joining Judge Gray Miller and Alaina King Benford on this panel entitled "The Art of Persuasion & Advocacy." Thank you to the UH Law Center Student Bar Association and The Advocates at UHLC for hosting a wonderful event.

'Costumes optional' for this Friday hearing in Manhattan before US District Judge Arun Subramanian

The US are in such a state of moral depravity that a death-row prisoner has to beg to be shot by a fire squad instead of being suffocated with nitrogen gas. And his request is denied.

Next Monday, I’ll have the privilege of joining a distinguished panel on The Art of Persuasion & Advocacy at @uhlaw.bsky.social. It will be an honor to sit alongside Judge Gray Miller and Alaina King Benford—I’m looking forward to learning from their insights and sharing a few of my own.

If you think that professors exist as repositories of knowledge that students ask for answers, you’re missing the entire point of a college education. We’re here to teach students how to do research, how to analyze and argue, how to think for themselves — how to find the answers on their own.

Grand jury matters are secret by law. It is surpassingly unusual for the press to learn about a case being presented to a grand jury in real time.

"This case arises from perhaps the most infamous rap battle in the genre’s history. ... The penultimate song of this feud, 'Not Like Us' by Kendrick Lamar, dealt the metaphorical killing blow."

Insane things happening in the DC US Attorney's Office. For those unfamiliar, the office handles both federal cases and nearly all of DC local criminal cases -- like a DA. USAO got local jury to indict on fed charge and then tried to return local indictment in fed court. Judge: Um, no. /1

📣 WE'RE HIRING: Investigative Fellows 🗓️ Start date: Summer 2026 🗓️ Application deadline: Rolling with priority for applications submitted before October 29, 2025 🔗 Learn more about the position: civilrightscorps.org/investigativ...

Sometimes it's nice to remember that even Marcus Aurelius was like "you don't have to comment on everything bro"

"This is a case about Katz and dogs" -- opening line of a pending SCOTUS cert. petition about an allegedly unconstitutional search involving a police dog. www.supremecourt.gov/DocketPDF/24...

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Nine years ago in 𝘚𝘵𝘳𝘪𝘦𝘧𝘧, Justice Sotomayor penned a similar warning: "We must not pretend that the countless people who are routinely targeted by police are ‘isolated.’ They are the canaries in the coal mine ... [U]nlawful police stops corrode all our civil liberties and threaten all our lives.”

Mitigation: first, last, and always. In this first week of classes, I told my students: mitigation begins the moment a criminal defense attorney meets a new client. From that point forward, everything we do is in service of reshaping how others see them.

This is why there's never been a popular show called Law & Order: Appeals Unit.

This weekend, my wife and I got away for a short silent retreat. Thirty-six hours with no Internet, no phones, and no talking. (And no kids—thank you, grandparents!) Silence may not work for everyone, but I’m a strong advocate for finding meaningful ways to unplug and recharge.

Should a prosecutor be able to dismiss a case after sentencing if they disagree with the court's sentence? A federal judge just said no because that was an attempt at "undermining the Judiciary's sentencing authority," which "violates separation of powers principles." reason.com/volokh/2025/...

"AI thinks you should go to jail, even if you didn't do the crime." In this new report, researchers found that ChatGPT "consistently ... recommended prosecution over dismissal or diversion," even when elements of the crime were not proven. knowledgehub.justiceinnovationlab.org/reports/ai-i...

𝐒𝐡𝐨𝐮𝐥𝐝 𝐝𝐞𝐟𝐞𝐧𝐝𝐚𝐧𝐭𝐬 𝐜𝐡𝐚𝐫𝐠𝐞𝐝 𝐰𝐢𝐭𝐡 𝐟𝐫𝐚𝐮𝐝 𝐥𝐨𝐬𝐞 𝐭𝐡𝐞𝐢𝐫 𝐫𝐢𝐠𝐡𝐭 𝐭𝐨 𝐚 𝐣𝐮𝐫𝐲 𝐭𝐫𝐢𝐚𝐥? An independent review in England and Wales has proposed removing the jury-trial right for complex fraud charges involving subject matter "outside the understanding of the general public." www.jdsupra.com/legalnews/ju...

This is a fantastic opportunity to develop your criminal-defense skills under low caseloads and excellent supervision, all while learning to teach and supervise law students as they learn to practice criminal law.

In 𝘌𝘳𝘭𝘪𝘯𝘨𝘦𝘳 𝘷. 𝘜𝘯𝘪𝘵𝘦𝘥 𝘚𝘵𝘢𝘵𝘦𝘴 (2024), the Supreme Court wrote that juries must decide "every fact essential to … punishment." In this intriguing article, Professor Rory Little identifies 𝘌𝘳𝘭𝘪𝘯𝘨𝘦𝘳's transformative potential. www.scotusblog.com/2025/07/just...

Want to feel old? There is a ‘90s exhibit at the history museum.

This is a key distinction between being a student and being a lawyer. As a student, you're rewarded when your reader concludes that what you wrote is smart. As a lawyer, you and your client are rewarded when your reader concludes that what you wrote is obvious.

"When four of them were in front of me, standing while they had me sitting down, they said that I do not have rights, that my constitutional rights don't matter at a port of entry and that I should stop talking about rights," Chavarria said.

In this Houston Chronicle article, @keribla.bsky.social describes a new pilot program on Texas' death row. Some of the best-behaved prisoners now have the opportunity to leave their cells without handcuffs or shackles. www.houstonchronicle.com/news/investi...

No shackles, no cuffs: Texas death row loosens solitary confinement for first time in years. Kudos to @tdcj.bsky.social for this new initiative. www.houstonchronicle.com/news/investi...

I cannot begin to express how rare this is, for a federal judge to find the U.S. Government's witnesses "uncredible. ... Insufficient and incredible." (This is from today's Kilmar Abrego Garcia hearing.)

An allegation or criminal prosecution can devastate a person's life, even if the case is ultimately dismissed. In Britain, thousands of people continue to suffer from a horrific scandal, where false accusations were withdrawn 20 years later. (gift article link): www.nytimes.com/2025/07/10/w...

Looking for work as a public defender? D.C. has one of the most respected offices in the nation, and they're hiring for trial attorneys to join their November 2026 class. www.pdsdc.org/careers/job-...

I am thrilled to share that I have been appointed Director of the Criminal Justice Clinic at the University of Houston Law Center, thanks to a generous gift from the BeyGOOD Foundation, a charity funded by singer Beyoncé Knowles-Carter.

Yesterday, the Federal Bureau of Prisons announced a new policy that may provide relief for thousands of federal prisoners, although it remains to be seen how well the BOP will implement this directive. www.bop.gov/news/pdfs/20...

Last month, a deceased man's family used AI to write a statement from the deceased to the judge. The family "used the technology to recreate his image and voice likeness to 'talk' to the courtroom about his life and the day he met [the man] who shot him." www.abc15.com/news/region-...

“It is better to fail in originality than to succeed in imitation.” — Herman Melville (1819–1891)

I had not seen much coverage about this, but this week, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) lowered the Currency Transaction Report (CTR) requirements from $10,000 to $200 for 30 zip codes in California and Texas. www.cato.org/blog/trump-t...

I appreciate clear, direct legal writing, so I was struck by this recent opening to an opinion written by Judge Don Willett of the Fifth Circuit: it identifies the type of case, the legal issue(s), the key facts, and the holding. This type of introduction is a gift to the reader.

oh no oh no oh no oh no storage.courtlistener.com/recap/gov.us...

I came across a new book on legal writing, and it has been wonderful so far. As @ryanmccarl.bsky.social says in the book, "writing skills can be taught and learned," and I love reading good books on the subject. No matter how far my writing progresses, it can always improve.

Last week, the New York Supreme Court found a criminal defense attorney ineffective for failing to file a suppression motion. Police had gotten a warrant to seize the defendant's cell phone and return it to the court, but they instead searched the phone. law.justia.com/cases/new-yo...

2024 was an eventful year for our firm. In this month's newsletter, we took a look at some highlights from the year gone by. klfirm.law/reflecting-o...

Yesterday, the Fifth Circuit struck down 18 U.S.C. § 922(b)(1) & (c)(1), which prohibit gun stores from selling handguns to adults between the ages of 18 and 20. It held that those laws violate the Second Amendment. www.ca5.uscourts.gov/opinions/pub...

When we left Colorado 10 years ago, I never expected to see weather like this in Houston! My boys are loving it though.

This morning, the Supreme Court is hearing oral argument in Kousisis v. United States. For those interested, we recently summarized the key issues in this case, which could have a major impact on white-collar practice.

I appreciated this Texas Tribune article about the main reentry program in Texas state prisons. www.texastribune.org/2024/11/26/t...

"Pled guilty" vs. "Pleaded guilty." I've gone back and forth over the years, but I prefer "pled guilty" But in a recent Fifth Circuit opinion, I came across a third option: "plead guilty" used to describe a past event. Is this a typo or a third option? www.ca5.uscourts.gov/opinions/unp...

If a company wins a contract through deception, is that fraud? What about if the company never intended to cause any economic harm? The Supreme Court will hear argument on those questions on December 9th, and in this month's newsletter we previewed the key issues. klfirm.law/kousisis-v-u...

On this Veteran's Day, and every day, thank you to the men and women who serve and have served our country.

On Friday, the Bureau of Prisons announced two changes that will affect the lives of people in custody, as well as their families. https://www.bop.gov/resources/news/20241004-fbop-updates-to-phone-call-policies-and-time-credit-system.jsp