Trial of reside tweets by the prosecutor in opposition to Professional-Se defendants

On one hand, the idea that prosecutors use social media to troll criminal defendants is problematic. On the other hand, that’s weird.

The anonymous Twitter handle @MotiontoLit went to Twitter to keep us all updated on its latest trial. In a sense, this is just the twenty-first century equivalent of the deeply democratic principle of keeping judicial proceedings open to all. Although it looks like you’re only hearing the prosecutor’s ongoing commentary, which skews things a bit.

I have mixed feelings about the pro-se world. I fully agree with Judges Posner and James Sandman’s criticism that the courts are inappropriately hostile to litigants and make the judiciary functionally inaccessible as the cost of legal representation continues to rise. Although I also agree with Judge Posner that a lot of these pro se litigants are annoying fools. In the criminal context where even needy defendants can gain access to lawyers, the only people who devote a lot of time and energy to becoming a competent armchair attorney are people who are about to fall and be burned. This is the story of this second type.

In fairness, based on the rest of this story, the state probably wasted a lot of time on voir dire.

Apparently a fool and his freedom are soon separated too. I’m starting to believe that this case could really have benefited from a defense attorney.

I think he’s trying to say – I hope – that the prosecution alleged that the defendant’s testimony was unreliable, but if the video evidence is inconclusive, the prosecution has not fulfilled its burden. However, since this appears to be a case of drunk driving, this may not be the most successful phrase.

Do you remember when this guy showed up for his own lockdown and acted in disguise as Thomas Jefferson? Or the lawyers trying to get away with pajamas or nothing at all? I think we can loosen up the defendant for a tracksuit. Why someone would want to look like Paulie Walnuts in front of a jury is a mystery to me.

The defendant was found guilty on all counts. Probably because he admitted he had 3 shots and 2 beers.


HeadshotJoe Patrice is Senior Editor at Above the Law and co-moderator of Thinking Like A Lawyer. Feel free to send tips, questions or comments via email. Follow him on Twitter for all the law, politics, and a healthy dose of college sports news. Joe is also the managing director of RPN Executive Search.

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