Right to Counsel
By Kirk Anderson
Right to CounselJun 24, 2020
Pres. Trump's attempt to rescind DACA is denied . . . for now.
Last week the United States Supreme Court blocked the Trump Administrations effort to end Pres. Obama's Deferred Action for Childhood Arrivals ("DACA"), program which suspended deportation for individuals brought to the United States illegally when they were children. This is seen a large blow to the Trump Administration and a victory for DACA recipients. However, the Supreme Court only ruled Pres. Trump's reasoning for ending the program was arbitrary and capricious. It did not rule Pres. Trump could rescind the program if he can put forth more legitimate reasons for doing so. Pres. Trump has already announced his intention to try to rescind the program again.
In this episode, Kirk is joined by Minneapolis Immigration Attorney Thomas Anderson to discuss this case as well as other current issues with the practice of Immigration law.
Prosecuting the Officers Involved in the Death of George Floyd
Now that all 4 of the officers involved in the death of George Floyd have been charged, Kirk discusses the charges each officer is facing as well as defenses they may raise. The death of George Floyd has rocked Minnesota, the entire country and beyond these past 2 weeks. However, the prosecution of the officers involved in the incident will not be over for a very long time. This is a topic that will likely be discussed frequently in the months to come.
Audio courtesy of Fox9 News.
The Death of George Floyd
In this episode, Kirk talks about the tragic death of George Floyd after an encounter with the Minneapolis Police Department. Members of the public and civic leaders are calling for the officers involved to be charged with Murder but no arrests or charges have been brought yet.
Kirk welcomes Attorney Al Goins to talk about the reasons (both legally and politically) why many prosecutors are reluctant to bring charges against law enforcement and the difficulties in successfully prosecuting them.
Audio courtesy of Danella Frazier's Facebook video and WCCO-TV photographer Dymanh Chhoun Twitter video.
Minnesota Changes Procedures to Eyewitness Identifications
In this episode, Kirk Anderson goes off on a rant about Minnesota Gov. Tim Walz's recent decision to limit the types of businesses that can reopen and the restrictions put on businesses that he allowed to reopen. Kirk also welcomes fellow defender Barry S. Edwards to discuss Minnesota's recently enacted law to establish standards for law enforcement for Eyewitness Identification procedures throughout the State.
The Practice of Criminal Law from Both Sides of the Aisle
In this episode, Kirk takes a break from Coronavirus talk to discuss what it is like for an attorney to go from prosecuting for the Government to defending individuals. Kirk is joined by former prosecutor turned criminal defense attorney Melvin Welch. Mel provides candid insight on what it is like to be a prosecutor for many years before switching to the other side of the aisle.
The Courts Will Never Be The Same After Coronavirus
As the country slowly begins to reopen, the Courts are trying to figure out ways to reopen in a safe and efficient manner. Kirk is joined by fellow attorney Jill Oleisky to discuss some of the ideas being considered by Minnesota courts to keep them safe and sanitary as they being plans for in-person hearings. Jill drops some breaking news that the Minnesota Supreme Court will extend it's prior Orders to limit physical access to the courts in Minnesota until May 18, 2020.
The Challenges Facing the Practice of Law Under the Coronavirus Pandemic
In this episode, Kirk discusses the fact that Minnesota's Stay at Home Order is scheduled to expire in a week and many businesses and the Courts are anxiously waiting to see if it is extended or not. Kirk also welcomes Estate Planning Attorney Joel Mullen to discuss the unique challenges facing his practice area during the Coronavirus pandemic. Kirk and Joel also discuss this past weekend's NFL Draft now that there is actually something to talk about in the sports world.
A Criminal Defendant's Rights under Stay at Home Orders
In the first ever Right to Counsel podcast, criminal defense attorney Kirk Anderson discusses some of the legal issues and potential consequences for individuals if they were to violate a Stay at Home Order. Kirk also interviews fellow attorney Scott Lewis about these issues as well as the affects the Coronavirus has had on the Courts and the practice of law.