Comments for The Cockle Bur

Comment on My Son’s First Sadness by Maxine

Maxine — Sun, 19 Feb 2012 16:32:39 +0000

Aww, this was so sweet…I cried my heart out…it made me think of my son at that age. Cherish every moment with your children for you never know when they may go to be with the Lord. I soo now know that this world is not our final destination and crave the day we will be reunited. GOD is great!

Comment on Attaching a GPS Device to a Car Is a Fourth Amendment Search by Jason

Jason — Tue, 31 Jan 2012 00:49:56 +0000

The theory in which the Jones court used to determine that a search occurred is odd and off-beat from current Fourth Amendment law. It appears as if Jones maybe breathed new life into a long passed away avenue to define a “search” in the constitutional sense. Is fair to say, now, that a search can now be determined by either (?):

A Trespass Test: (a) a “trespass” occurs in which implicates “persons, houses, papers, or effects”, and (b) the trespass is done in an “attempt to find something or to obtain information.”
OR
The (Good ‘Ol) Katz Test.

It is likely Jones will stretch limitlessly beyond its facts and be subject of much dispute. This case will definitely give Fourth Amendment enthusiasts something to talk about for a while.

Comment on Should Non-Lawyers Be Allowed to Represent People before Immigration Courts? by Richard-

Richard- — Sun, 29 Jan 2012 18:17:23 +0000

McCallen v. Massachusetts, 279 U.S. 620, 630 (1929)
Legislators, neither Federal nor State, may restrict the Courts to “attorneys only” in order to effectively deny Counsel to any Defendant who evinces a desire to be represented or assisted by a “friend” in preference to an “attorney.

But make sure this “Friend” is not a goof ball because he/she holds your life in their hands more so than an experienced Attorney as much as that pains me to say.

Comment on If You Read About Politics, You Should Read These Guys: Greenwald and Friedersdorf by Steve Barlean

Steve Barlean — Sat, 28 Jan 2012 12:44:38 +0000

Nice article Shon, The first two sentences of the last paragraph are spot on.

Comment on Conor Friedersdorf Rebuts Santorum’s Arguments Against Same-Sex Marriage by A. S. Haley

A. S. Haley — Wed, 18 Jan 2012 07:41:28 +0000

Mr. Friedersdorf’s piece in The Atlantic is entitled “The Logical Fallacy Gay Marriage Opponents Depend Upon”, yet it is Mr. Friedersdorf who engages in the “blatant logical fallacy” of ignoratio elenchi. By contrasting Mr. Santorum’s description of “sacramental marriage” (as honored by the Catholic Church) with the civil law’s current parody of the same name, and by describing support of the former as “weakness” in comparison to the latter, Mr. Friedersdorf demonstrates only the feebleness of his premises’ ability to support his foreordained conclusion.

Comment on How Important Are Ineffective Assistance of Counsel Claims? by jennifer herdman

jennifer herdman — Fri, 06 Jan 2012 02:38:02 +0000

I am curious on timing for an IAC. if it Pre Sentencing and you have ample claims against your Trial Attorney, why can’t you file a claim prior to Sentencing? Or make a Motion for an Evidentiary Hearing? Thank you

Comment on The Black and White of Connick v. Thompson by Queer (In)justice: The Criminalization of LGBT People in the United States « burn after writing

Tue, 20 Dec 2011 20:15:50 +0000

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Comment on An Interview with the Legal Writing Pro: Ross Guberman on Writing Style, the Supreme Court, and the Next Project by A Must Have Book for Every Advocate « A Prayer for Relief

A Must Have Book for Every Advocate « A Prayer for Relief — Mon, 14 Nov 2011 18:56:22 +0000

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Comment on Obamacare: PLF urges Supreme Court to let Virginia defend its citizens from federal overreaching by Cockle Printing’s Healthcare Litigation Forum | The Cockle Bur

Cockle Printing’s Healthcare Litigation Forum | The Cockle Bur — Thu, 03 Nov 2011 21:49:17 +0000

[...] RSS « Obamacare: PLF urges Supreme Court to let Virginia defend its citizens from federal overreac… [...]

Comment on Strip Search This Post, Please! by More on the Strip Search Case | The Cockle Bur

More on the Strip Search Case | The Cockle Bur — Fri, 14 Oct 2011 15:08:54 +0000

[...] RSS « Strip Search This Post, Please! [...]