Tomorrow the Supreme Court will hold oral arguments in two cases in which the defendants' lawyers were ineffective at the plea bargaining stage, resulting in the clients turning down plea bargains and getting much more severe sentences after losing at trial.

There is no constitutional right to a plea bargain, but there is a constitutional right to effective assistance of counsel.

Considering that 97% of all federal convictions result from plea bargains rather than trial, the significance of the Supreme Court ruling will be big. [More...]

Got caught by the weather yesterday. Traveling today, though on a delayed basis. Still busy too.

Open Thread.

The Denver Post has excellent photos here of Saturday's unpleasant encounter between the Occupy Denver protesters and the police, during which 20 people were arrested. Police say they were attacked and reacted, the protesters say police over-reacted and attacked them. Westword has more and additional photos.

There was a peaceful march by 2,000 protesters earlier in the day. It moved to the state capitol where tensions began to rise:

A group of the marchers advanced toward the building and some tried to make their way up the steps. About eight officers scuffled with a group of protesters and police confirmed that they used Mace and fired pepper balls — hollow projectiles filled with the chemical irritant — to break up the crowd. Protesters told the paper at the time that they believed police used rubber bullets.

[More...]

They have no guns, just the web. Are they any match for the Zetas? The Zetas have until November 5 to decide whether to release a kidnapped Anonymous member or face the consequences: Anonymous will publish the identities and personal information of all the associates, police officers, politicians, businesses and others who support the Zetas, which it says will lead to the Government forfeiting their property.

It seems that an Anonymous supporter in Mexico was kidnapped by a Mexican drug cartel, and well, this isn’t sitting too well with the larger Anonymous group as a whole. In fact Anonymous has let it be known that if they Zetas Cartel doesn’t release their compatriot the hackavist group will start publishing the names, address, and other personal information of all the Zetas Cartel members as well as politicians, cops, and military members who are bought and paid for by the cartel.

[More...]

The Taliban carried out a suicide bombing attack on coalition forces in Kabul today, killing 13 Americans.

The Taliban said the bomber, Abdul Rahman, was driving a Toyota Land Cruiser SUV containing 1,540 pounds (700 kilograms) of explosives and targeting foreigners providing training for Afghan police.

...It was the deadliest single attack against the U.S.-led coalition across the country since the Taliban shot down a NATO helicopter on Aug. 6 in an eastern Afghan province, killing 30 U.S. troops, most elite Navy SEALs, and eight Afghans.

According to a U.N. report last month, "violence against civilians had risen to its highest levels of the decade-long war."

Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed to me.
I lift my lamp beside the golden door.

125 years ago today the Statue of Liberty opened with that message. Starting today, via Earthcam, you can watch live feeds from the statue with stunning views.

The Statue of Liberty should not be treated as an artifact of the past. But the reality is: We build walls and fences to keep people out and when that doesn't work, we jail them. We deny social benefits to the undocumented, even when they've worked and paid taxes. We conduct raids at businesses and separate families. [More...]

It's the finale of Project Runway. The guest judge is L'Wren Scott (who is also the long-time girlfriend of Mick Jagger.)

This is an open thread, all topics welcome.

The defense in the trial of Dr. Conrad Murray called its final witness today, propfol expert Dr. Paul White, who challenges the findings of the state's expert, Dr. Steven Shafer, as to the cause of Michael Jackson's death.

White is not finished testifying, but today he expressed perplexity at the findings by prosecution experts that propofol caused Jackson's death. The defense also called an addiction specialist today who had examined Dermatologist Arnie Klein's treatment records of Jackson. He testified Jackson was dependent on, and possibly withdrawing from from Demerol when he died. (Apparently, Jackson was getting the Demerol to help with pain from Botox and Restalyne.)He said one of the symptoms of Demerol withdrawal is insomnia. Jackson was getting shots of Demerol, and the last one was three days before he died. Murray was not aware Jackson was receiving Demerol. Klein has not been charged with wrong doing. [More..]

A federal judge in the Middle District of North Carolina has denied several of John Edwards' motions to dismiss the criminal charges against him. The motions were argued yesterday and the Judge asked the parties to return this morning. Asked for a statement after the hearing, Edwards said:

"What's important now is that I now get my day in court, after all these years I finally get my day in court," Edwards said. "What I know with complete and absolute certainty is I did not violate any campaign laws."

Some of the motions, according to the Judge, need to be resolved by the Jury. She did express "uncertainty" about whether venue was appropriate for some of the charges and whether legally, John Edwards could aid and abet himself. Edwards had argued that he can't be both a principal and accessory at the same time. Attorney Abbe Lowell said: [More...]

Another first for Colorado: The Medical Marijuana Enforcement Division of the Department of Revenue has issued its first licenses to medical marijuana businesses. 11 businesses received the licenses and 7 have been notified they are next. 467 are in the final application phase.

Colorado is the first state in the nation to license marijuana dispensaries and infused-product businesses.

Medical-marijuana advocates say Colorado's regulations for cannabis businesses are the most comprehensive in the nation, and they credit the rules' thoroughness with shielding the businesses from federal raids.

[More...]

Many thanks to the Fourth Wall and the Young Lawyers Division of the Colorado Bar Association, for hosting an "Atticus Finch Afternoon" today.

It began at 3:15 with a discussion on Race, Justice and Representing the Unpopular Client at Denver's Conservatory Theater at The Newman Center. It ended at 9:30, after we all got to attend the performance of "To Kill a Mockingbird" by the Denver Center Theatre Company. [More...]

It's a snowy, busy day here in Denver.

Here's an open thread, all topics welcome.