Is It A Crime To Conspire To Close The George Washington Bridge?

Talking Points Memo has an interesting piece today on whether the George Washington Bridge scandal enveloping New Jersey Governor Chris Christie has criminal implications.  TPM writes:

Interfering with peoples’ ability to drive between states by closing lanes on the George Washington Bridge between New York and New Jersey might be a crime on its own. Read the rest of this entry »


The NSA Rulings: Which Judge Is Right?

In the span of ten days, two federal district court judges have issued diametrically opposed rulings on the constitutionality of the National Security Agency’s metadata collection program.  One judge said the program is almost certainly unconstitutional, while the other judge said it is perfectly constitutional.  Read the rest of this entry »


An FOI Lawyer’s Wish For The New Year

As the year 2013 comes to a close, I have started to think–like most of us do–about my hopes for the New Year.  At the top of the wish list, as always, is peace on earth.  Further down the list is the wish that is the subject of this post: I wish (and hope and pray) that the trend towards opacity in our state government stops and reverses itself.  We need to return Connecticut to the days when it was a true leader in the fight for freedom of information and government transparency. Read the rest of this entry »


The Power To Terminate Includes The Power To Evaluate, Ctd.

The Attorney General has issued a written opinion that the Governmental Accountability Commission or “GAC” has the legal authority to evaluate the job performance of the Executive Administrator of the Office of Governmental Accountability (“OGA”), the consolidated agency that serves as the umbrella organization for the state’s “watchdog” agencies, i.e., the Freedom of Information Commission, Office of State Ethics and the State Elections Enforcement Commission. Read the rest of this entry »


The Evils Of Plea Bargaining, Ctd.

Last January, in the wake of the suicide of Aaron Swartz–the 26-year-old computer programmer wiz kid who faced serious charges for allegedly violating the Computer Fraud and Abuse Act–I wrote a post about the serious issues raised by the practice of plea bargaining, in particular, whether plea bargaining imposes a penalty on defendants who want to exercise their Sixth Amendment right to a trial. Read the rest of this entry »


Editorial: Prosecutors Shouldn’t Be Hiding Crime Records

The following editorial appeared in the Connecticut Law Tribune.  It is republished here with the permission of the Trib.

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Prosecutors Shouldn’t Be Hiding Crime’s Records

December 17, 2013

Danbury prosecutor Stephen Sedensky and Michelle Cruz, a former prosecutor and State Victim Advocate, have recently been talking up the need to protect Newtown survivors from sights or sounds that bring back the events of that horrifying day. Read the rest of this entry »


A Superb Choice: Malloy Nominates Richard Robinson To The Supreme Court

Governor Malloy announced this afternoon that he is nominating Appellate Court Judge Richard A. Robinson to fill the vacancy on the Supreme Court created by the recent retirement of Justice Fleming Norcott, Jr..

I have argued before Judge Robinson many times since his elevation to the Appellate Court in 2007.  He is an outstanding jurist: always thoroughly prepared for oral argument, asks insightful questions, writes thoughtful opinions.  And he has a gentle demeanor which puts appellate advocates at ease, even when he is asking probing questions.  He will be a great addition to the Supreme Court.

Judge, soon to be Justice, Robinson will be the fourth African American to sit on the Supreme Court, following in the shoes of Justices Robert Glass, Lubbie Harper Jr. and Justice Norcott.


Lawyers, Judges And Their Fear Of Science

Readers know that I love opinions authored by 7th Circuit jurist Richard Posner, not because I agree with what he says, but because I love the way he writes.  Never boring. Read the rest of this entry »


Legal Health Break

Captain Picard on the art of cross-examination!


When Are Per Curiam Opinions Appropriate?

Occasionally appellate courts issue what are known as “per curiam” opinions: opinions delivered in the name of the court, rather than in the name of an individual judge.  Indeed, the Connecticut Supreme Court just issued such an opinion the other day. Read the rest of this entry »