BLAGOJEVICH APPEAL DENIED AGAIN

[Blagojevich photo from wikipedia]

     According to news reports, the appeal to the United States Supreme Court on behalf of former Illinois Governor Rod Blagojevich has been denied a second time.

     As you recall, Blagojevich was convicted for, among other things, trying to sell the former Senate seat of former President Obama.

     Blagojevich will reportedly be eligible for release in 2024.

AMERICAN JURY TRIALS

Today, I simply wanted to write about the role of the jury in the American criminal
justice system.  After more than 38 years as a criminal lawyer, including 26 years as a
former prosecutor, and since then, over 12 years as a criminal defense attorney, I can
honestly say that, even though mistakes occur, our jury system usually gets it right!


I would much prefer my own fate to be decided by a jury of my peers, drawn from
my community, than by a judge or group of political appointees, which is often
the case in other countries around the world!


What is you opinion?

Attorney Benjamin Eichholtz Loses Prison Reporting Stay Request

According to various news reports, including the Augusta Chronicle, Georgia attorney Benjamin Eichholtz has lost his motion asking a federal judge to stay his reporting to federal prison while he appeals his sentence. He must now report to prison on May 21st.

Have you see the Eichholtz law firm's television commercials? Naturally, the photograph above is not a depiction of Mr. Eichholtz. Instead, I am confident you recognize that it is a photograph of Robert Vaughn, who not only is a popular actor, but also has been the television ad spokesman for the Eichholtz law firm.

According to news reports, Eichholtz had entered a guilty plea in federal court to a charge of obstructing a federal investigation into his alleged misuse of his law firm's pension and retirement accounts. According to published reports, he was recently sentenced to serve 21 months in prison. He is due to voluntarily surrender to federal prison on May 21st. His criminal lawyers had reportedly argued that Eichholtz should be allowed to remain free on bond during the appeal. They apparently reasoned that, even if he won his appeal on sentencing issues, the victory would be moot if he had already served the full prison sentence. However, the federal judge reportedly determined that the appeal would likely be determined before the time he would be released, if he did win a sentencing reduction in his appeal. Therefore, the Judge ruled that Eichholtz would be required to begin serving his sentence on his scheduled reporting date.

In my opinion, Eichholtz's attorneys raised an interesting issue. In other cases, it is possible that a defendant might win a federal sentencing guidelines issue on appeal, but because they have already served their sentence, the sentencing reduction victory is rendered moot. As a former federal prosecutor, I actually once saw this occur in the sentencing appeal in a defendant's medicare fraud case.

But, unfortunately for Mr. Eichholtz, the issue did not work or apply in his case. In my opinion, the Judge reached the proper decision in this case. And not even a fine celebrity spokesman like Robert Vaughn can help in a situation like this!

Anticipated Supreme Court Decisions

I realize that this news may not excite many of you, but Supreme Court watchers are keeping a close eye on anticipated rulings in several important criminal cases.

I. "Honest Services" Mail Fraud:

For instance, former Enron CEO Jeff Skilling is awaiting a ruling from the Court concerning his appellate issue about "honest services" mail fraud. The issue concerns whether or not this statute is too vague, along with questions about whether federal prosecutors are using the federal statute in inappropriate ways to go after alleged crooked politicians and business people.

II. Appeals Involving Miranda Warnings:

In addition, the Supreme Court is expected to rule in a couple of appeals concerning whether or not the police improperly used or gave the Miranda warnings. In one case, the Court will decide whether officers can interview a suspect who has indicated that he understood his rights, but hasn't invoked them. In another appeal, the Court will decide whether an invocation by a suspect of his right to counsel can expire. The Court always seems to have an interest in making sure the police properly advise arrested suspects of their Constitutional rights.

So, have I piqued your interest in what the Supreme Court may decide in these criminal cases? Aren't you just filled with anticipation?!

Criminal Law "Joke of the Day:" "Old Lawyers Never Die...."

Perhaps we have been much too serious in this blog lately. So, now, it's time for a ..."Joke of the Day!"

Did you hear that old lawyers never die? They simply lose their appeal!

Okay, that old joke was pretty bad! I suppose at least now you will be ready to get back to some more serious criminal law and criminal lawyer stuff!