Friday, May 15, 2015

Podcast: Episode 9: "I didn't do it, but I know who did"

Welcome to episode nine of The Legal Watchdog Podcast.

So you're charged with a crime and you didn't do it, but you know who did -- and you can't wait to tell the jury about it.  Not so fast.  In this podcast, we discuss State v. General Grant Wilson, where the court shut down the defendant's "wrong person defense," a/k/a "third party defense."  We discuss how difficult it is for a defendant to introduce evidence that another party committed the crime -- after all, police and prosecutors always get the right guy -- and in the second half of the podcast we discuss my article, An Alternative to the Wrong-Person Defense.  

To meet your podcast hosts, click here.

Our funky, jazzy theme song ("Cold Hurt") and our cool intermission song ("Rational") were generously provided by David Pizarro.  To hear more of David's music you can listen to his philosophy-psychology podcast Very Bad Wizards, or go directly to his SoundCloud page.

Finally, here is the podcast:

Saturday, May 2, 2015

Podcast: Episode 8: Reversed and Remanded?

In today's podcast we discuss two cases, State v. Harrison, Jr., and State v. Coleman.  In both cases, a child accused the defendant of sexual assault.  In both cases, there was no physical evidence.  In both cases, there were no eyewitnesses.  In both cases, the child couldn't keep the story straight.  In both cases, the defense lawyer didn't thoroughly cross-examine the child-accuser.  And in both cases, the jury convicted the defendant.

But that's where the similarities end.  In Harrison, the District III Court of Appeals simply dispensed with the defendant's appeal via a conclusory, four-page decision that barely discussed any of the facts or cited any law.  It's probably the thinnest appellate court decision in the history of appellate court decisions.  But in Coleman, the District I Court of Appeals issued a detailed and thorough twenty-page majority decision that reversed the conviction and remanded the case for a new trial.  We try to figure out why these two defendants got such dramatically different treatment from the courts.

Also, there's some new stuff in the podcast.  First, we have new intermission music, again courtesy of David Pizarro (see below).  And second, in her ongoing effort to keep Matt in line, Amy abandons the traditional "stun belt" and instead implements the use of a "restraint chair."  Listen to the podcast to see if it works.

To meet your podcast hosts, click here

Our funky, jazzy theme song ("Cold Hurt") and our cool intermission song ("Redd") were generously provided by David Pizarro.  To hear more of David's music you can listen to his philosophy-psychology podcast Very Bad Wizards, or go directly to his SoundCloud page.

Finally, here is the podcast: