The Prosecutors: Legal Briefs

In 1999, two teenagers, Tracie Hawlett and J.B. Beasley, were brutally murdered just outside the town of Ozark, AL. For decades, the mystery remained unsolved. Then, genetic genealogy came along. In an unusual twist, the Attorney General of Alabama, Steve Marshall, was called upon to prosecute the case. He joins us to explain how this case was solved and tried, and how the families of two murdered 17 year olds finally found justice. Sponsors: Progressive Insurance

To celebrate 100 episodes of Legal Briefs, we discuss the recent Arkansas Supreme Court opinion on DNA testing in the West Memphis 3 case. And you will also hear us--based entirely on your view of the case--either make abundantly clear that we think the WM3 are guilty or abundantly clear we think they are innocent. Choose your own adventure.  https://prosecutorspodcast.files.wordpress.com/2024/04/echols_v._state.pdf

Delphi is just the latest case where the defense offers an alternative suspect, sometimes called the SODDI defense.. How does this alternate theory work? Are there any limits on it? And how will those limits affect the trial in Delphi?

We wrap up our discussion of hearsay and grant you all law degrees. Sponsors: Progressive Insurance

Halloween comes early as we interview the host of the hit podcast, The Exorcist Files. We talk about the show, consider evidence for exorcism, and address the doubters. Support season 2 below! https://www.kickstarter.com/projects/totc/exorcist-files-s2/rewards

Alice continues her discussion of the latest Delphi hearing with Murder Sheet and Jayson Blair. Sponsors: VIntage Villains

Murder Sheet and Jayson Blair of Silver Linings Handbook join Alice to discuss the contempt hearing in Delphi. What went down? Who got thrown out? And what's next? Part 2 tomorrow. Sponsors: Vintage Villains Podcast

We're back with everyone's favorite topic--Hearsay! We go through what seems like a thousand exceptions to the rule against hearsay.   Sponsor: Vintage Villains Podcast Check out episode 82 for part 1.

After several states attempted to keep Donald Trump off the ballot under the 14th Amendment's insurrection clause, the Supreme Court reversed unanimously. We explore the ruling, the reasoning, and how the various justices reached their decision.  Sponsors: Progressive Insurance

What are gag orders? Why do we have them? And what are the concerns about them? We dive in to a subject we are seeing in more and more cases... Sponsored by Progressive Insurance

Taylor Swift doesn't like that you can track her planes. Should she shake it off? Or does she know all too well that she needs to calm down? Sponsors: Progressive Insurance

It's the true crime story that shocked America. What if you were kidnapped, but no one believed you? Sponsored by Progressive Insurance

Jennifer Crumbley was convicted of 4 counts of involuntary manslaughter after her son used a firearm she purchased to commit a school shooting. What does it mean and should it have happened? Sponsors: Progressive Insurance

The Murdaugh evidentiary hearing happened today. Jurors revealed what Becky Hill said to them and whether or affected their verdict. Hill testified...poorly. And the judge rendered a verdict, but not before putting ol' Poot in his place. Sponsors: Progressive Insurance

We take a deeper look at the Supreme Court's decision in Delphi and what it means for the future of this case, which only seems to get more wild and more out of hand with every passing day.

Bob and Ali Motta join us to discuss the oral arguments in the Delphi case. What did we learn? What can we expect? And what comes next now that we have a decision from the Supreme Court? Sponsored by Progressive Insurance.

It was a rough preliminary hearing for Alex Murdaugh as the court laid down the law on what to expect in the upcoming evidentiary hearing. And the Murdaugh team couldn't have liked what they heard about who they can call, how they can be questioned, and the standard that will govern the hearing. We break it all down. This episode is sponsored by Progressive Insurance.

It's a veritable buffet of legal news. Gypsy Rose got out of prison, Murdaugh prepares for his evidentiary hearing, and they're tearing down houses in Idaho. We talk about it all.

We dig into how oral argument works and what to expect as the Delphi case goes before the Indiana Supreme Court. Sponsors: Progressive Insurance 

We finally dive into hearsay. Apologies for Alice's slightly muffled sound.

It's one of the most bizarre murder cases you'll ever hear, and it only gets weirder by the day. We discuss the twists and turns in the Kouri Richins murder case.

We conclude our discussion of the hearing in Delphi and the mandamus petitions that followed. What is likely to happen, and what will it mean for the case?

The transcript of the in-chambers meeting between the prosecution, defense, and Judge Gull in the Delphi case has been released. What have we learned? And what does it mean for the future of the case?

The state has responded to Murdaugh's bombshell motion for a new trial based on jury tampering. We discuss what's next. Update: The judge did elect to recuse. A new judge has not been appointed to decide on the motion.

With the debate over the removal of Richard Allen's counsel in Delphi raging, we take a step back and look at the law. What has the Supreme Court said about right to counsel? The right to continuity of counsel? What does that mean? And does it matter if it's counsel you hired versus counsel appointed to you? We talk about it all.  Citations: Anne Bowen Poulin, Strengthening the Criminal Defendant's Right to Counsel, 28 Cardozo L. Rev. 1213, 1249 (2006). Keith Swisher, Disqualifying Defense Counsel: The Curse Of The Sixth Amendment Wheat v. United States, 486 U.S. 153, 159 (1988). Caplin & Drysdale, Chartered v. United States, 491 U.S. 617, 624 (1989). United States v. Gonzalez-Lopez, 548 U.S. 140, 144 (2006). Morris v. Slappy, 461 U.S. 1, 13–14 (1983). Daniels v. Lafler, 501 F.3d 735, 740 (6th Cir. 2007).

Like sands through the hour glass, weirdness continues to pile up in Delphi. What is a mandamus? And what's next? (The answer, apparently, is another mandamus petition, but we'll discuss that in a later episode.)

(This was recorded before the attorneys for Richard Allen attempted to re-enter the case, but with those efforts stopped...for now...everything should still apply). Two of the biggest cases in true crime have had big developments. We break them down.

There was a hearing in Delphi, and it was a doozy. After an inexcusable leak of crime scene photos, Richard Allen's attorneys have withdrawn from representing him. What's next? How did this happen? And how will it affect the Delphi case? Aine and Kevin from The Murder Sheet join us to discuss the latest developments.

FBI CAST Agent Jay Berni joins the show to talk all things cell phones. How does cell phone analysis work? How accurate is it? And how is it getting even better as technology develops?

The Commonwealth Court of Pennsylvania has spoken in the Ellen Greenberg case, and it's not good. We tell you what happened, what it means, and what's next. https://gavinfish.com/cases/ellen-greenberg/

The Prosecution responds to the 135 page "Franks" motion in the Delphi case with...8 pages. That tells you a lot. We will tell you the rest.

Yes, you read that right. In a shocking filing, the defense in the Delphi murders case alleged that the murderer of Abby and Libby is not Richard Allen. Instead, a cult of white supremacist Odin worshippers sacrificed them. What does it mean? And what's next?

We continue our discussion of the accusations about juror tampering in the Murdaugh case, but this time Bob Motta of Defense Diaries joins us.

A shocking new filing by the defense leaves everyone wondering--are we doing this whole thing again? And this time, freaking out is appropriate.

Shawn Rech freed an innocent man with the groundbreaking documentary, Murder in the Park. Now he takes on one of the most controversial innocence cases out there--that of Steven Avery. He tells us all about his newest project, Convicting a Murderer, which raises some disturbing questions about the motives and manipulations behind the Netflix blockbuster, Making a Murderer.

We were talking about genetic genealogy, and we just kept talking. So here's the rest of the conversation.

We talk about genetic genealogy and the right to privacy. And then we just kept talking. This is part 1.

Genetic genealogy is back in the news after a motion to compel in the Idaho Murder trial. We talk about the problems with that motion and why it should fail.

In 2022, the Biden Administration announced a $500 billion loan forgiveness program for Americans with student loans. It was quickly challenged, and the Supreme Court struck it down? Why? And what can this case teach us about the separation of powers?

Despite what you see on television, most criminal cases don't end in trials. They end in plea agreements. We discuss why this is, the benefits of plea agreements, and when judges can refuse to accept them.

If you're tried and acquitted in the United States, can you be tried again in the same court? The short answer is no, but we spend 33 minutes saying that over and over again--with a few caveats. But no, the answer is no.

In the United States, we primarily have two systems of law enforcement--the federal and the state. How do they work together? What can the states do that the feds can't? And why is it like that? We discuss it all.

Our buddy Bob Motta joins us to talk about what's next in the LISK case from the defense side of the aisle.

FBI profiler Julia Cowley-- who worked the LISK case with the Behavioral Analysis Unit--joins us to discuss the potential capture of the infamous Long Island Serial Killer. Check out her show, The Consult, below or wherever you get your podcasts. https://podcasts.apple.com/us/podcast/the-consult/id1586909557

Broken System Podcast joins us to talk about the murder of D.J. Fickey. Once ruled a suicide, Fickey's death was not only recently ruled a murder--a suspect is now in custody. How did this happen? What went wrong? And how did it go right?

The Murder Sheet joins us to discuss the newly released documents in the Delphi case. And there are some bombshells. With Richard Allen's apparent confession, is the trial over before it even begins?

Motions to suppress are one of the most complicated, and most important, legal devices. How do they work? And how often do they succeed?

The guys from Murder Sheet join us to discuss the hearing in the Delphi murder case that morphed from a bail hearing to a suppression hearing to a hearing on Richard Allen's conditions of confinement. And a bombshell--did Allen not only confess, but do so multiple times?

Ever wonder how a case moves from investigation to indictment? When do grand jury and motions to suppress come in? And when is it over? We walk you through the life of a case, from beginning to end.

It's one of the most iconic buildings in the world. But how did this New York City landmark end up at the center of one of the weirdest auctions in real estate history?  Update: On May 24, the Flatiron Building sold at auction to the Gural group for $151 million dollars.

We talked about trial juries. Now let's dive into the exciting and mysterious world of the grand jury! Why are they secret? What happens behind the scenes? And are they even worth having at all?

Crosley Green was innocent and released from prison. Until he wasn't. Is this a case of a grave injustice? Or the system working as it should? Or both? Sponsors: Allegiance Gold

FBI profiler Julia Cowley joins the show to discuss behavioral profiling, its pros and cons, and everything Brett gets wrong. And she applies her experience to a couple famous unsolved(?) cases.

We use the latest misinformation about the Moscow Murders to talk subpoenas, preliminary hearings, and motions to quash.

Ever wonder how exactly jury selection works? We give you the behind the scenes story.

Jessica Bettencourt, host of DNA: ID, joins Brett to talk about the possibilities and pitfalls of genetic genealogy.

There's been a lot of reckless reporting about the case in Moscow, Idaho. We talk Giglio and search warrant affidavits.

Leah Dee from the Least of These podcast joins Brett to discuss the death of Tony Mitchell while in the custody of the Walker Count Sheriff's Office in Jasper, Alabama. Was it a tragic accident? Or something more sinister? And how does someone's body temperature drop to 72 degrees?

When Adnan Syed's murder conviction was vacated after a questionable process, we lamented the court and prosecution's failure to follow the law. The consequences of that failure became evident when the Maryland Court of Appeals vacated the vacation and reinstated Syed's conviction. What happened? What's next? And what does it all mean?

We wrap up our coverage of the Murdaugh verdict with our friend and host of Defense Diaries, Bob Motta.

We continue our live reaction to the Murdaugh verdict with our patrons.

The verdict is in. We react live with our Patrons.

We continue our discussion of the Murdaugh case with Bob Motta of Defense Diaries. Should Alec Murdaugh testify? And has the prosecution proved its case?

We discuss the Murdaugh Trial with Bob Motta of The Defense Diaries. With the prosecution wrapping up, where do things stand?

The Murdaugh Trial has captivated the nation, but some have been confused about the amount of testimony related to Alex Murdaugh's financial crimes. Why is that allowed? Should the judge have let it in? And is it a problem on appeal?

We review the insanity defense, with a focus on postpartum psychosis and the tragic case out of Massachusetts involving Lindsay Clancy.

We tackle the difficult question of when and how children are charged as adults, with an emphasis on the recent case from Wisconsin.

A New Mexico DA has now decided to charge Alec Baldwin with 2 counts of involuntary manslaughter. But will the charges stick? Or has the DA fundamentally misinterpreted the law and what it takes to convict someone of involuntary manslaughter?

We're honored to have Washington, D.C. federal district court judge Trevor McFadden join us to discuss a recent controversy--the Supreme Court's use of the so-called "shadow docket." What is it? How does it work? And should we be worried?

In this episode recorded live with our patrons, we discuss the release of the probable cause affidavit in the Moscow case, what it means, and what's next.

The police have made an arrest in the quadruple murders in Moscow, Idaho. What do we know? And what's next? We discuss live with our Patrons.

We take a look at the horrific quadruple murder in Moscow, Idaho. What do we know (not much)? What are the police looking for? And when will we find out who committed this terrible crime?

Some people give public defenders a bad name, but we love them. In this episode, we talk about how public defenders work and about the appointed attorneys in the Delphi case.

We're joined by our friends from Murder Sheet to discuss the probable cause affidavit which was finally unsealed in the Delphi case.

The hearing to unseal the probable cause affidavit in Delphi brought with it a lot of news. But with Alice in Alaska, where can we turn for expert analysis? Our good friend Bob Motta from Defense Diaries not only fills in but brings expertise from the other side of the aisle to the discussion.

In most cities and states, you can be arrested for the terrible crime of...feeding the homeless? But is feeding the homeless actually a form of speech or even religious worship? We dive in to a strange and quirky area of the law.

You wanted to talk sovereign citizens and the Darrell Brooks trial. Be careful what you wish for.

We talk recent developments in the case against Richard Allen, including the charges, continuing investigation, and the sealed probable cause affidavit.

So much has been going on in legal news. We discuss Alex Jones, the Kristin Smart trials, and, of course, Darrell Brooks.

If a social media company decides to censor what you can say on their platform, is there anything you can do about it? Or does the First Amendment give them carte blanche to do whatever they want?

The Adnan Syed story had people asking us about the role of prosecutors in preventing wrongful convictions. What should they do and what are their limits? We discuss that and more.

How do judges interpret statutes? What are the different theories about what laws mean? We tackle those questions and more.

They say that a man who represents himself has a fool for a lawyer. What are the rules if you want to represent yourself? And should you do it?

To the delight of many, Adnan Syed was released from prison this week, his conviction for murdering Hae Min Lee vacated. Surprisingly, this was the result of the state's own motion. How did this happen? What arguments did the state make? And did the court get it right?

Your daughter's ex-boyfriend comes to your house and tries to break in. You warn him you have a gun, but he just keeps coming. You fire three shots and the man dies. Is it murder? Or is it self defense?

Can you prevent your wife from testifying against you? Are your conversations with your priest protected by the law? And what are the limits of attorney-client privilege? We discuss all this and more.

Can you be convicted of murder, even if you didn't kill anyone? Turns out, you can! We discuss felony murder and Brett rants about Britain and the murder of Andrew Harper.

The Casey Anthony case raised a lot of questions. Can Casey Anthony ever be charged again? Could the judge have overturned the jury's verdict? What obligation does the defense have if they know she's guilty? We answer these questions and more.

Jose Baez had some of you asking--just what are the limits to what a defense attorney can say during a trial? And what in the world was going on in the Alex Jones/Info Wars defamation case?

In this episode, we tackle some civil law. The arbitrator's decision in the NFL v. Deshaun Watson case created a firestorm. Why did the arbitrator do what she did, did she get it right, and what's next? Update: We speculated that the NFL might not want to appeal because no one wants Roger Goodell to hear the case. The NFL did appeal, and Goodell promptly stepped aside. So the appeal will be heard by yet another independent arbitrator. We will keep you informed as this interesting case develops.

It was a story that outraged the nation--Justin Harris left his son to die in a hot car while he sexted with an underage girl. He was convicted of murder, but the nation was outraged again when the Georgia Supreme Court vacated his conviction. Why did they do it, and did they get it right? Join us for a dive into the rules of evidence and Rule 403.

What is precedent anyway? And why does it seem like the courts are always changing it? We get real nerdy and talk about how precedent binds courts...until it doesn't.

One trial, two juries? How does that work? We look at the trial of Paul and Ruben Flores to find out.

We take a look at the West Memphis 3's efforts to DNA test evidence, explain why the trial court got it right, and give our thoughts on next steps.

Did the Supreme Court just gut Miranda while at the same time letting cops come into your house and search it without a warrant if you live 100 miles from the border? We look at these cases and explain why maybe TikTok isn't your best source for legal news.

We continue our look at ineffective assistance of counsel through the lens of the Adnan Syed case.

We dive into the standard for ineffective assistance. Just how bad does it have to be for a convicted person to get another trial? The answer? Pretty bad.

Did a man really miss out on a lawyer because he asked for a "lawyer, dog" instead of just asking for a "lawyer"? And we read an insightful email on the Dammion Heard case.