"Will no one rid me of this turbulent priest?" Henry II
Sunday, July 9, 2023
Henry II and Donald Trump
Saturday, July 8, 2023
Rights and the 2nd Amendment
In an old blog post I argued that the Second Amendment created three constitutional rights. “One is a right to participate in the military, in Latin jus militiae, from its origin in Roman law. The second is a right to possess weapons for the purpose of the participation in the militia, [now the National Guard] guaranteed by the first right. The third is a broader right to possess weapons unrelated to matters military.” The Second Amendment: Not One or Two but Three Rights I was mistaken.
Saturday, April 22, 2023
Prosecution Folds in Baldwin Case
The prosecutors sudden and complete capitulation shows not just that the case against Baldwin was weak. It confirms that there was all along either gross prosecutorial incompetence or ethical breach, more likely the breach, as I suggested in my 1/30 post and was far from alone in so suggesting.
Friday, March 17, 2023
Monday, March 13, 2023
Celebrating Police Misconduct
It is not only US movies and televesion that show the good guys ignoring the fundamental rights of suspects.
Tuesday, February 21, 2023
The Prosecution’s Grudging Concession in the Baldwin Case
The Santa Fe District Attorney and the special prosecutor chose not to submit papers in opposition to the defense motion to dismiss their firearm enhancement claim with its five year mandatory sentence. The enhancement was obviously and fatally erroneous. The enhancement for a “discharged” firearm was enacted after the incident and so its enforcement would be ex post facto. The firearm enhancement that was in place at the time is for “brandishing” the firearm, which requires an intent to intimidate or injure. Clearly neither Baldwin nor the armorer, Hannah Gutierrez-Reed, who is charged with the same offenses as Baldwin and for whom the enhancement was also dropped, had any such intent.