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/Shon R. Hopwood
Shon R. Hopwood

About Shon R. Hopwood

Shon R Hopwood’s unusual legal journey began not at law school, but federal prison, where he learned to write briefs for other prisoners. Two petitions for certiorari he prepared were later granted review by the United States Supreme Court, and the story of his legal success was the subject of articles in the New York Times, the Saturday Evening Post, and Above the Law. His work has been published in the Harvard Civil Rights-Civil Liberties and Fordham Law Reviews. He is a consultant at Cockle Law Brief Printing Company, and a student and Gates Public Service Scholar at the University of Washington School of Law. In August of 2012, Crown/Random House will publish his memoir entitled “Law Man: My Story of Robbing Banks, Winning Supreme Cases and Finding Redemption.” Through a decade of letters, Shon convinced his kind and beautiful wife, Ann Marie, to marry him. He has one cute but incredibly ornery son, Mark Raymond, and a precious and beautiful baby girl, Grace. Shon enjoys liberty, the writing of the Apostle Paul, Amy Hempel, and Raymond Carver, the music of Radiohead, and watching the Nebraska Cornhuskers football team. Follow me at: @shonhopwood
10 Dec, 2010

The President Acknowledges that the Pre-Existing Injuries Portion of the Affordable Care Act could also be in Jeopardy

2019-03-18T18:48:11-05:00December 10th, 2010|Tags: , , , |

Randy Barnett, at The Volokh Conspiracy, posted this article about a fact sheet recently provided by the White House. The fact sheet addresses the pending constitutional challenge to the Affordable Care Act’s individual mandate currently before Judge Henry Hudson. In anticipation of a ruling, the White House admitted that should the individual mandate be held unconstitutional, the portion of the Act requiring insurance companies to accept and cover people with pre-existing injuries would likewise fall. The fact sheet explained:

6 Dec, 2010

Worst Opening of a Legal Brief Ever

2019-03-18T18:48:11-05:00December 6th, 2010|Tags: , , , , |

Since I spend the majority of my days either writing legal briefs or reviewing those of others, I have seen my share of poorly drafted briefs. But after reading the Montana Supreme Court opinion in Montana v. Belanus, I do not believe I have ever spotted a worse example of how to open a brief. Let me give you a little background. The facts in Belanus are not for the faint-hearted. It involves an admittedly brutal beating and an alleged rape. It also involves a serious legal question on whether the Belanus was entitled to the intoxication defense: because defendant was intoxicated on alcohol and drugs should he be held responsible for hi

30 Nov, 2010

Chief Justice Roberts’ Facebook Page

2019-03-18T18:48:11-05:00November 30th, 2010|Tags: , , , |

This weekend I was perusing Facebook to see what my friends are up to when I decided to start searching for some new Facebook friends. I came up with a brilliant idea--I would become Facebook friends with Chief Justice John Roberts. So I searched for his page, found it, and put in a friend request. A short time later, he accepted. I an now "friends" with the Chief, how cool. I copied his page and thought I would share it with you less cool people.

12 Nov, 2010

ABA Journal Has The Scoop On Justice Alito Being Chased By Blogger

2019-03-18T18:48:11-05:00November 12th, 2010|Tags: , , |

The ABA Journal.com summarizes this story about Lee Fang--a blogger from Think Progress--chasing Justice Alito and yelling questions about whether it is ethical for the Justice to be attending a Republican fund-raiser dinner. Fang also videotaped one of Justice Alito's security guards threatening to arrest Fang.

11 Nov, 2010

Petition Raises an Ex Post Facto Challenge to the Sentencing Guidelines

2019-03-18T18:48:11-05:00November 11th, 2010|Tags: , , , |

For the past three years there has been a growing circuit split on whether a defendant’s sentence may be increased by using a Federal Sentencing Guidelines manual that was amended after the offense took place and whether such an increase would violate the Ex Post Facto Clause. Chicago-based attorney Marc Martin filed a petition on Tuesday in United States v. Custable, asking the Court to remedy the circuit split that has become “more pronounced.” In April of 2005, Frank Custable was indicted on a series of wire and mail fraud offenses, and obstruction of justice.

3 Nov, 2010

Imprisoned For Consuming Poppy-Seed Bagel

2019-03-18T18:48:12-05:00November 3rd, 2010|Tags: , , , , , |

Far too often those in the criminal justice system offer the same mantra: “our job is to rehabilitate people.” But far too often that claim is simply untrue. Take, for example, the case of Nicole Defontes, which was highlighted in the Daily Business News two weeks ago. Ms. Defontes was sentenced to four and half years in prison for her participation in a cocaine deal with her former boyfriend. Upon entering prison, Defontes made a commitment to rehabilitation—she graduated from both high school and college while in prison and qualified for a Bureau of Prisons drug rehabilitation program that allowed to her to receive a year off her prison sentence, only if she met strict requirements. Once Defontes was relocated from prison to a federal half-way house, she was hired at a West Palm Beach drug and alcohol counseling center, and quickly rose from “laundry detail to an administrative position.” By all accounts, Defontes was leading a productive law abiding life and meeting the obligations imposed upon her through supervision at the half-way house.

28 Oct, 2010

Formulating the QP—Suggestions and Analysis of Questions Presented from the 2009 Term

2019-03-18T18:48:12-05:00October 28th, 2010|Tags: , , , , , , , , , , , , |

If the argument section is the engine that drives the cert petition car, the Questions Presented (“QP”) is the body governing how the engine is framed and the paint job creating that vital first impression. Send a rusty and dented car to the Court, and the Clerk writing the cert pool memo may move on to a flashier ride. Nor will the Justices be impressed. The goal of this post is meant to turn your scratched and marred Pinto-looking QP into, at very least, a Prius!

18 Oct, 2010

Both Style and Substance: The Anatomy of a Supreme Court Brief Cover

2019-03-18T18:48:12-05:00October 18th, 2010|Tags: , , , , |

When part of your employment revolves around reviewing the covers of U.S. Supreme Court briefs, you start to take notice of things like New Century Schoolbook font, diamond lines and all caps versus initial caps. But it’s not just style that differentiates a good brief cover from a bad one; there is a little substance, too. This post covers both.

12 Oct, 2010

Borough of Duryea v. Guarnieri Granted

2019-03-18T18:48:12-05:00October 12th, 2010|Tags: , , , |

Today, the Supreme Court released its order list from last week’s Conference. Among the seven petitions for writ of certiorari that were granted was the petition in Borough of Duryea v. Guarnieri, No. 09-1476. The petition was filed by CockleBur contributor Dan Ortiz from the University of Virginia Supreme Court Clinic.