Short Circuit

Short Circuit 307 | Working Both Sides of the Bench

Jan 18, 2024

A fascinating podcast episode discusses a case of a prosecutor and a judge with a conflict of interest which affected the outcome. They explore the violation of constitutional rights and the lack of accountability in the justice system. Additionally, the episode delves into the concept of iron's footnotes and its relation to the First Amendment, specifically in the context of Hanukkah advertising restrictions.

40:56

Creator website

AI Summary

AI Chapters

Episode notes

Podcast summary created with Snipd AI

Quick takeaways

The case of Irma Wilson versus Midland County, Texas highlights the need for federal reform to address constitutional violations committed by prosecutors working both sides of the bench.

The legal battle between Young Israel of Tampa and the Hillsborough Area Rapid Transit agency emphasizes the significance of protecting free speech rights and ensuring clarity and consistency in policies regulating speech on public platforms.

Deep dives

Irma Wilson's Unfortunate Legal Battle

In the podcast episode, attorney Java Sichuasvili discusses the disturbing and convoluted case of Irma Wilson versus Midland County, Texas. Irma Wilson, a client of the Institute for Justice, was prosecuted in the early 2000s for drug possession, despite maintaining her innocence. What she didn't know was that the prosecutor, Ralph Petty, was simultaneously working with the prosecution team and serving as a law clerk for the judge overseeing her case. This egregious conflict of interest resulted in Irma receiving an eight-year probationary sentence and losing her lifelong dream of becoming a registered nurse. Unfortunately, due to limitations in federal habeas laws, Irma is unable to seek federal relief for this constitutional violation. She has instead sued for damages under Section 1983, arguing a violation of her constitutional rights and seeking justice for herself and others who have faced similar misconduct by prosecutors. The case is currently awaiting review by the full court, where a decision has the potential to eliminate barriers for individuals seeking justice without federal habeas available to them.

Introduction

2min

Discussion of a Case with a Prosecutorial Conflict of Interest

5min

The Impact of a Drug Conviction on Irma's Dreams

2min

Violation of Constitutional Rights and Lack of Accountability

13min

Exploring iron's footnotes and the First Amendment

2min

Applying Restrictions on Religious Advertising

18min

An “utterly bonkers” case this week. Jaba Tsitsuashvili, attorney at IJ and attorney for his client Erma Wilson, tells us about the Fifth Circuit’s recent ruling in her case. By day a prosecutor worked for the office that prosecuted her but then moonlighted with the judge in her case by night. That’s what we call in constitutional law “a problem.” But she only found out about this years later, long after she had served her time. Now that this double-dealing story has come to light can she go back and clean up her record? With a result the Fifth Circuit admits is unjust, but mandated by the Circuit’s precedent, it says she can’t. If she were still in prison, though, she could. Which is pretty nuts. But that’s not all this week. Keith Neely of IJ skates onto the podcast with a story of “Chanukah on Ice,” and why religious groups were prevented from advertising it and other religious messages on the sides of buses in Tampa, Florida. The Eleventh Circuit figures out what to do with this obviously unconstitutional policy while showcasing a double lutz of concurrences.

Wilson v. Midland County

Young Israel of Tampa v. Hillsborough Area Regional Transit

Irons footnotes