Okay, so @pnjaban's tweet about the woman with the tumbler up her peehole caused me to ask: How could you do that, which reminds me of a very old and very bad joke, so I'm gonna tell it.

Ready?

How do porcupines make love?
. . .
Very, very carefully.
I know the joke that is the funniest joke ever told, which was told to me by a lawyer friend, and every person I have ever told it to has howled with laughter, but it is really raunchy. One day I do a contest or maybe Ship and I will on our podcast and that will be the prize.

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More from @McAdooGordon

Mar 17
Denney case. Hearing starting in two minutes.

I'm logged into the public line. 14 people on the line. There were only 7 when I logged in on Monday, so a little more public interest I guess. 🤷‍♀️
Clerk is asking if Ship can hear them; he says yes. She says the judge will be out shortly.

Ship is on video. Mr. Denney is in the courtroom.
Clerk says there are spectators too. Press, I'm suspecting. Possibly also folks from DOJ. They will sometimes send people to observe proceedings if they are novel or uncommon.
Read 69 tweets
Mar 16
Denney Case. Judge Moss directed the govt & @shipwreckedcrew to file pleadings by noon today to explain their positions on how the Sentencing Guidelines apply to his case. Technically, that calculation is not necessary for a plea proceeding.
The judge does have to advise the defendant of the statutory maximums for incarceration, fines, etc., of any mandatory minimums that apply in the case, & the court's obligation to use the Sentencing Guidelines in determining the sentence in his case. And they routinely do that.
It's customary in federal court also that the judge covers some things from the plea agreement, including any AGREEMENT as to the Guidelines applications. But every written plea agreement says the judge ISN'T bound even by the agreed application (unless a special rule is invoked)
Read 18 tweets
Mar 16
BLM founder & husband indicted on mail & fraud, false statements, & conspiracy charges in federal court in Boston. He had already been arrested last fall; she was this week, and was released on conditions yesterday.

Indictment: drive.google.com/file/d/1Eqg9a6…
There was a Complaint under seal filed last fall against just the husband. Here's the affidavit that supports it:

drive.google.com/file/d/17skL7U…
Looks like they are both represented by retained counsel. The court ordered the lawyers to pick a date for the Arraignment on the 18 count indictment next week. (I bet they don't plead to the indictment. 🤣)
Read 5 tweets
Mar 16
Perna Case. The Govt in this case quietly filed a Suggestion of Death pleading & asked for the case to be "abated," which means completely dismissed. Link:

drive.google.com/file/d/1g5sY-Q…
Sad to say that if defendants file a Suggestion the courts usually demand proof in the form of a death certificate. But, if the Govt files, the courts are inclined to simply grant the abatement, which Judge Bates did in this case by Minute Order.
drive.google.com/file/d/1FTyie2…
Regarding this procedure, which applies even if the case was up on appeal or on a pending cert petition after a conviction, the Supreme Court has said:

“[O]n death of the convicted petitioner, the ‘cause has abated.’

. . .
Read 6 tweets
Mar 14
Denney. Under the federal Rules, (Rules 10 and 11), the Arraignment MUST include a plea by the Defendant to the charging document & the Defendant may plead guilty if he wants to. This is basic procedure & law. Not complicated.
The judge's job for a guilty plea is ONLY to make sure there is a factual basis for the plea (the facts you agree happened violate the law) & that the plea is knowing & voluntary. He can only reject a guilty plea for those reasons.
It is the defense lawyer's job to help the client determine if a guilty plea is the strategic choice that he wants to make. The judge has no role in that decision. And the defense DOES NOT have to give the prosecutors or the judge a preview of that strategy choice.
Read 5 tweets
Mar 14
Denney Case - Arraignment.

Status: The defense lawyer, @shipwreckedcrew, filed a Motion to Dismiss the COMPLAINT, that the Govt conceded today. The Govt got an Indictment last Monday. There are no motions pending to dismiss THAT, although the Govt agrees to it in their pleading.
The purpose of today's hearing is to formally advise the defendant he has been charged under that Indictment, have him enter a plea and set dates for the case.

Given the doings up until now, however, in this case that will definitely NOT be all that happens at this hearing.
I'm in on the public line. We are waiting for the court to call the case.
Read 52 tweets

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