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We'll be hitting the road this afternoon, bound for New Orleans for a meeting of the National Association of Criminal Defense Lawyers ( NACDL).

We'll be posting again beginning Thursday, on a lighter schedule until we return Saturday. Keep your eyes on Daily Kos, whose baby should be arriving any minute.

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After ten months, the preliminary hearing in the case of Scott Peterson, accused of murdering his pregnant wife Laci and the couple's unborn child, begins today.

Voluminous court filings have provided glimpses of the evidence that defense attorneys will try to prevent prosecutors from presenting: DNA analysis of Mrs. Peterson's hair found on pliers in Mr. Peterson's boat, bloodhounds used to pick up the scent of Mrs. Peterson in the boat or at a storage warehouse that her husband rented, and wiretaps and global-positioning systems used to monitor and track Mr. Peterson.

The prosecution is expected to unveil previously undisclosed evidence today. But, the question is, will it merely relate to Scott Peterson's character or will it link him to the crime?

Yes, there is some circumstantial evidence: He was a bad husband, had a mistress -- which may have given him a motive -- but what evidence do you have that links him to the crime?" asked [Ruth] Jones, the criminal law professor. "What evidence do you have that links him to the date, time and place and perhaps manner of the killing?"

We're not expecting fireworks. Given the relaxed evidentiary rules and resulting prevalence of hearsay at preliminary hearings, as well as the ultra-low burden of proof (probable cause is like "Is there a reason to believe?") the case will be bound over. The defense can be considered successful if it shows some significant inconsistencies in the prosecution's evidence and testimony of its star witnesses, and leaves the media and public wondering, "Is that all there is?"

After ten months, the preliminary hearing in the case of Scott Peterson, accused of murdering his pregnant wife Laci and the couple's unborn child, begins today.

Voluminous court filings have provided glimpses of the evidence that defense attorneys will try to prevent prosecutors from presenting: DNA analysis of Mrs. Peterson's hair found on pliers in Mr. Peterson's boat, bloodhounds used to pick up the scent of Mrs. Peterson in the boat or at a storage warehouse that her husband rented, and wiretaps and global-positioning systems used to monitor and track Mr. Peterson.

The prosecution is expected to unveil previously undisclosed evidence today. But, the question is, will it merely relate to Scott Peterson's character or will it link him to the crime?

Yes, there is some circumstantial evidence: He was a bad husband, had a mistress -- which may have given him a motive -- but what evidence do you have that links him to the crime?" asked [Ruth] Jones, the criminal law professor. "What evidence do you have that links him to the date, time and place and perhaps manner of the killing?"

We're not expecting fireworks. Given the relaxed evidentiary rules and resulting prevalence of hearsay at preliminary hearings, as well as the ultra-low burden of proof (probable cause is like "Is there a reason to believe?") the case will be bound over. The defense can be considered successful if it shows some significant inconsistencies in the prosecution's evidence and testimony of its star witnesses, and leaves the media and public wondering, "Is that all there is?"

Edwin Wilson, an arms merchant imprisoned in 1982, was vindicated today by an appeals court which found rampant prosecutorial misconduct in his case.

A federal judge Tuesday threw out the 1983 conviction of former CIA operative Edwin Wilson for selling tons of explosives to Libya, finding that prosecutors knowingly used false testimony and hid evidence that supported his defense.

U.S. District Judge Lynn Hughes' opinion, written Monday but made public Tuesday, vacates Wilson's conviction for selling 20 tons of C-4 plastic explosives to the Libyan government of Col. Muammar Gaddafi.

Wilson has been in prison since 1982, serving 52 years for three convictions including the arm sales to Libya. His lawyer thinks the 75-year-old prisoner could now be released if the government doesn't appeal the decision, which was scathing in its condemnation of prosecutorial methods.

The judge labeled an affidavit from a former top CIA official "nothing but a lie."

Democratic presidential candidate hopeful Al Sharpton let loose on rival Howard Dean today, charging:

Howard Dean's opposition to affirmative action, his current support for the death penalty and historic support of the NRA's [National Rifle Association's] agenda amounts to an anti-black agenda that will not sell in communities of color in this country."

"Any so-called African American leader that would endorse Dean despite his anti-black record is mortgaging the future of our struggle for civil rights and social justice," Sharpton said.

We have to say we think Sharpton is exaggerating. He has a long-standing rivalry with Rev. Jesse Jackson, whose son, Rep. Jesse Jackson, Jr., endorsed Dean yesterday.

Democratic presidential candidate hopeful Al Sharpton let loose on rival Howard Dean today, charging:

Howard Dean's opposition to affirmative action, his current support for the death penalty and historic support of the NRA's [National Rifle Association's] agenda amounts to an anti-black agenda that will not sell in communities of color in this country."

"Any so-called African American leader that would endorse Dean despite his anti-black record is mortgaging the future of our struggle for civil rights and social justice," Sharpton said.

We have to say we think Sharpton is exaggerating. He has a long-standing rivalry with Rev. Jesse Jackson, whose son, Rep. Jesse Jackson, Jr., endorsed Dean yesterday.

Patrick Taylor of Open Source Politics (LegalWrites) analyzes the Department of Justice's website, Preserving Life and Liberty. The site was established to convince us all that the Patriot Act is being wrongfully maligned. Instead, Taylor says, it is "ham-fisted propaganda plain and simple." He's right. Go read his analysis.

Our prior post on the website is here.

Patrick Taylor of Open Source Politics (LegalWrites) analyzes the Department of Justice's website, Preserving Life and Liberty. The site was established to convince us all that the Patriot Act is being wrongfully maligned. Instead, Taylor says, it is "ham-fisted propaganda plain and simple." He's right. Go read his analysis.

Our prior post on the website is here.

Presidential contender Dennis Kucinich has been endorsed by the New Hampshire Green Party.

Ed Garvey, the Democratic nominee for Wisconsin governor in 1998, and a Madison lawyer, throws his support behind Kucinich today in the Madison Capital Times. He says Kucinich stands for true Democratic principles.

Kucinich has the most progressive stand on issues. His views seem to match our's more than those of the other candidates. We'd like to see him do well in the primaries because it would signal a public inclination to retreat from the agenda and influence of the conservative right and the centrists. But we remain of the opinion that we have to support a candidate with a true chance of beating Bush. In our view, that's not Kucinich. Yet, we admire Kucinich for his position on issues and for his dedication to the campaign and getting his message out. It can't be easy to get out there on the campaign trail when the press continually dismisses your chances of success. We hope Kucinich stays in the race until the very end and we'll do our part in publishing his views.

Update: Berry's World thinks the Kucinich endorsement is ominous.

Considering that the conventional wisdom is that Rep. Kucinich has no chance to grab the Democratic nomination, is it out of line to think that he might run as the Green Party candidate in the general election, thus splitting the progressive vote and handing President Bush the election?

Presidential contender Dennis Kucinich has been endorsed by the New Hampshire Green Party.

Ed Garvey, the Democratic nominee for Wisconsin governor in 1998, and a Madison lawyer, throws his support behind Kucinich today in the Madison Capital Times. He says Kucinich stands for true Democratic principles.

Kucinich has the most progressive stand on issues. His views seem to match our's more than those of the other candidates. We'd like to see him do well in the primaries because it would signal a public inclination to retreat from the agenda and influence of the conservative right and the centrists. But we remain of the opinion that we have to support a candidate with a true chance of beating Bush. In our view, that's not Kucinich. Yet, we admire Kucinich for his position on issues and for his dedication to the campaign and getting his message out. It can't be easy to get out there on the campaign trail when the press continually dismisses your chances of success. We hope Kucinich stays in the race until the very end and we'll do our part in publishing his views.

Update: Berry's World thinks the Kucinich endorsement is ominous.

Considering that the conventional wisdom is that Rep. Kucinich has no chance to grab the Democratic nomination, is it out of line to think that he might run as the Green Party candidate in the general election, thus splitting the progressive vote and handing President Bush the election?

The 11th Circuit Court of Appeals has ruled that nervousness alone cannot support a vehicle search when police stop the car for a traffic violation. The court invalidated a consent to search that was obtained during the stop.

Noting that innocent people are frequently nervous when confronted by a law enforcement officer — a phenomenon Judge Rosemary Barkett said is shared by lawyers presenting cases to appellate judges — the court said more is necessary to change a traffic stop into a drug search.

The case has a fact pattern familiar to any lawyer who defends drug cases. The "crossed over the white line" offense.

The 11th Circuit Court of Appeals has ruled that nervousness alone cannot support a vehicle search when police stop the car for a traffic violation. The court invalidated a consent to search that was obtained during the stop.

Noting that innocent people are frequently nervous when confronted by a law enforcement officer — a phenomenon Judge Rosemary Barkett said is shared by lawyers presenting cases to appellate judges — the court said more is necessary to change a traffic stop into a drug search.

The case has a fact pattern familiar to any lawyer who defends drug cases. The "crossed over the white line" offense.