The Cockle Bur Blog
Legal minds on legal matters and whatever else strikes our fancy.
New Petitions Recently Filed by Cockle Printing
New Merits Briefs Filed by Cockle Printing
We filed five merits briefs this week: Petitioner’s Brief on the Merits in Martel v. Clair, No. 10-1265, filed on September 9, 2011 Brief for Respondent James P. Paulk in Rehberg v. Paulk, No. 10-788, filed on September 9, 2011 Brief for Respondent Richard Lee Pollard in Minneci v. Pollard, No. 10-1104, filed on September [...]
2011 Term Preview: The Ineffective Assistance of Counsel Cases
The 2011 Supreme Court Term is about to ramp up and there are several intriguing criminal cases set for argument. The cases I’m most curious to see the Court confront are the ones that have so far flown under-the-radar. Let’s start with the ineffective assistance of counsel cases. IAC claims are the [...]
The Confrontation Clause Redux
The US Supreme Court is currently taking merits briefs in Williams v. Illinois, the most recent in a series of modern high court cases seeking to re-establish the vitality of the Confrontation Clause. Prior to 2004, a court’s hearsay-exception analysis turned on the question of trustworthiness, asking if the circumstances of the proffered out-of-court statement [...]
Husker or Husky?
Loyalty. It’s devotion. It’s faithfulness. It’s considered one of the highest acts of life. And think about this: the opposite of loyalty is betrayal. The reason for all this loyalty talk is because I must define mine this week. In two days, I start first year orientation at the University of Washington [...]
Why the Fourth Circuit was wrong about Virginia’s lawsuit
The Fourth Circuit Court of Appeals this week rejected the state of Virginia’s lawsuit challenging the Individual Mandate on the grounds that the state lacked the constitutionally required standing to bring the lawsuit. This is a technical area of constitutional law, and one where the precedents are debatable. But I want to [...]
New Merits Brief Filed by Cockle Printing
First Review of Law Man
In August of 2012, Crown/Random House will release my memoir entitled "Law Man: My Story of Robbing Banks, Winning Supreme Cases and Finding Redemption." Crown has started sending copies of the manuscript to people for reviews and blurbs. One of the first people they sent the manuscript to was Michael Santos. Mr. Santos is a [...]
New Merits Brief Filed by Cockle Printing
We filed a merits brief this week: Respondent’s Brief on the Merits in Martinez v. Ryan, No. 10-1001, filed on September 6, 2011.