Joshua Lake
@joshualake.bsky.social
Director of the Criminal Justice Clinic at the University of Houston Law Center. Professor of Practice. Former AFPD. Former Colorado PD. Personal Account: opinions are my own only.
Yesterday, I had the great pleasure of joining Judge Gray Miller and Alaina King Benford on this panel entitled "The Art of Persuasion & Advocacy." Thank you to the UH Law Center Student Bar Association and The Advocates at UHLC for hosting a wonderful event.
October 28, 2025 at 1:58 PM
Yesterday, I had the great pleasure of joining Judge Gray Miller and Alaina King Benford on this panel entitled "The Art of Persuasion & Advocacy." Thank you to the UH Law Center Student Bar Association and The Advocates at UHLC for hosting a wonderful event.
Next Monday, I’ll have the privilege of joining a distinguished panel on The Art of Persuasion & Advocacy at @uhlaw.bsky.social.
It will be an honor to sit alongside Judge Gray Miller and Alaina King Benford—I’m looking forward to learning from their insights and sharing a few of my own.
It will be an honor to sit alongside Judge Gray Miller and Alaina King Benford—I’m looking forward to learning from their insights and sharing a few of my own.
October 20, 2025 at 6:07 PM
Next Monday, I’ll have the privilege of joining a distinguished panel on The Art of Persuasion & Advocacy at @uhlaw.bsky.social.
It will be an honor to sit alongside Judge Gray Miller and Alaina King Benford—I’m looking forward to learning from their insights and sharing a few of my own.
It will be an honor to sit alongside Judge Gray Miller and Alaina King Benford—I’m looking forward to learning from their insights and sharing a few of my own.
This weekend, my wife and I got away for a short silent retreat. Thirty-six hours with no Internet, no phones, and no talking. (And no kids—thank you, grandparents!)
Silence may not work for everyone, but I’m a strong advocate for finding meaningful ways to unplug and recharge.
Silence may not work for everyone, but I’m a strong advocate for finding meaningful ways to unplug and recharge.
August 18, 2025 at 4:20 PM
This weekend, my wife and I got away for a short silent retreat. Thirty-six hours with no Internet, no phones, and no talking. (And no kids—thank you, grandparents!)
Silence may not work for everyone, but I’m a strong advocate for finding meaningful ways to unplug and recharge.
Silence may not work for everyone, but I’m a strong advocate for finding meaningful ways to unplug and recharge.
I appreciate clear, direct legal writing, so I was struck by this recent opening to an opinion written by Judge Don Willett of the Fifth Circuit: it identifies the type of case, the legal issue(s), the key facts, and the holding. This type of introduction is a gift to the reader.
March 6, 2025 at 3:01 PM
I appreciate clear, direct legal writing, so I was struck by this recent opening to an opinion written by Judge Don Willett of the Fifth Circuit: it identifies the type of case, the legal issue(s), the key facts, and the holding. This type of introduction is a gift to the reader.
I came across a new book on legal writing, and it has been wonderful so far. As @ryanmccarl.bsky.social says in the book, "writing skills can be taught and learned," and I love reading good books on the subject. No matter how far my writing progresses, it can always improve.
February 12, 2025 at 2:51 PM
I came across a new book on legal writing, and it has been wonderful so far. As @ryanmccarl.bsky.social says in the book, "writing skills can be taught and learned," and I love reading good books on the subject. No matter how far my writing progresses, it can always improve.
Yesterday, the Fifth Circuit struck down 18 U.S.C. § 922(b)(1) & (c)(1), which prohibit gun stores from selling handguns to adults between the ages of 18 and 20. It held that those laws violate the Second Amendment. www.ca5.uscourts.gov/opinions/pub...
January 31, 2025 at 2:46 PM
Yesterday, the Fifth Circuit struck down 18 U.S.C. § 922(b)(1) & (c)(1), which prohibit gun stores from selling handguns to adults between the ages of 18 and 20. It held that those laws violate the Second Amendment. www.ca5.uscourts.gov/opinions/pub...
"Pled guilty" vs. "Pleaded guilty." I've gone back and forth over the years, but I prefer "pled guilty"
But in a recent Fifth Circuit opinion, I came across a third option: "plead guilty" used to describe a past event. Is this a typo or a third option? www.ca5.uscourts.gov/opinions/unp...
But in a recent Fifth Circuit opinion, I came across a third option: "plead guilty" used to describe a past event. Is this a typo or a third option? www.ca5.uscourts.gov/opinions/unp...
November 26, 2024 at 3:05 PM
"Pled guilty" vs. "Pleaded guilty." I've gone back and forth over the years, but I prefer "pled guilty"
But in a recent Fifth Circuit opinion, I came across a third option: "plead guilty" used to describe a past event. Is this a typo or a third option? www.ca5.uscourts.gov/opinions/unp...
But in a recent Fifth Circuit opinion, I came across a third option: "plead guilty" used to describe a past event. Is this a typo or a third option? www.ca5.uscourts.gov/opinions/unp...
Yesterday I had the privilege of arguing before the Fifth Circuit on behalf of one of our clients, alongside Rolando Garza, who represents our co-appellant. It is always a privilege to appear before that court.
November 20, 2024 at 1:34 PM
Yesterday I had the privilege of arguing before the Fifth Circuit on behalf of one of our clients, alongside Rolando Garza, who represents our co-appellant. It is always a privilege to appear before that court.
I had the privilege of presenting oral argument in the Fifth Circuit this morning. Our client's case has now been dismissed twice, and we are defending against the second Government appeal of those dismissals. It is always a pleasure to appear in this court. #AppellatePlaces
November 20, 2024 at 2:04 PM
I had the privilege of presenting oral argument in the Fifth Circuit this morning. Our client's case has now been dismissed twice, and we are defending against the second Government appeal of those dismissals. It is always a pleasure to appear in this court. #AppellatePlaces
For attorneys traveling internationally, these facts present a troubling reminder to take care (and plan ahead) when traveling with phones or computers containing privileged information.
(My firm recently wrote about these issues:...
(My firm recently wrote about these issues:...
November 20, 2024 at 2:44 PM
For attorneys traveling internationally, these facts present a troubling reminder to take care (and plan ahead) when traveling with phones or computers containing privileged information.
(My firm recently wrote about these issues:...
(My firm recently wrote about these issues:...
When the attorney was traveling back from Costa Rica, border patrol agents at the Dallas airport seized, decrypted, and made a forensic copy of the attorney's phone, all because someone with his last name had been "connected with" an arms dealer.
November 20, 2024 at 2:32 PM
When the attorney was traveling back from Costa Rica, border patrol agents at the Dallas airport seized, decrypted, and made a forensic copy of the attorney's phone, all because someone with his last name had been "connected with" an arms dealer.
Notably, asking for consent to search the phone was not a Miranda violation, but subsequently asking for the phone's password was improper.
But I wonder, after the defendant gave officers permission to search his phone, was it really improper to ask him for the password?
But I wonder, after the defendant gave officers permission to search his phone, was it really improper to ask him for the password?
November 20, 2024 at 2:57 PM
Notably, asking for consent to search the phone was not a Miranda violation, but subsequently asking for the phone's password was improper.
But I wonder, after the defendant gave officers permission to search his phone, was it really improper to ask him for the password?
But I wonder, after the defendant gave officers permission to search his phone, was it really improper to ask him for the password?
Perhaps the Supreme Court will soon modify the test in light of all these lower court decisions. The Court has agreed to hear US v. Rahimi, another CA5 case striking down a gun law as unconstitutional. https://www.scotusblog.com/case-files/cases/united-states-v-rahimi/
The...
The...
November 20, 2024 at 3:10 PM
Perhaps the Supreme Court will soon modify the test in light of all these lower court decisions. The Court has agreed to hear US v. Rahimi, another CA5 case striking down a gun law as unconstitutional. https://www.scotusblog.com/case-files/cases/united-states-v-rahimi/
The...
The...
About a month ago, Judge Carlton Reeves in the Southern District of Mississippi struck down 18 U.S.C. § 922(g)(1), which prohibits people with felony convictions from possessing firearms, although he did so with great reluctance....
November 20, 2024 at 2:44 PM
About a month ago, Judge Carlton Reeves in the Southern District of Mississippi struck down 18 U.S.C. § 922(g)(1), which prohibits people with felony convictions from possessing firearms, although he did so with great reluctance....
Last night, the Fifth Circuit struck down 18 U.S.C. § 922(g)(3), which prohibits an "unlawful user" of drugs from possessing firearms. This is yet one more shockwave from the Supreme Court's Bruen decision. https://www.ca5.uscourts.gov/opinions/pub/22/22-60596-CR0.pdf
Judge...
Judge...
November 20, 2024 at 2:18 PM
Last night, the Fifth Circuit struck down 18 U.S.C. § 922(g)(3), which prohibits an "unlawful user" of drugs from possessing firearms. This is yet one more shockwave from the Supreme Court's Bruen decision. https://www.ca5.uscourts.gov/opinions/pub/22/22-60596-CR0.pdf
Judge...
Judge...
The court did not decide what level of suspicion agents must have before they can conduct a more thorough, forensic search of a phone, but it noted that other circuit courts have split on that question.
November 20, 2024 at 2:57 PM
The court did not decide what level of suspicion agents must have before they can conduct a more thorough, forensic search of a phone, but it noted that other circuit courts have split on that question.
Just three days later, the Fifth Circuit has ruled that police do not need reasonable suspicion, much less a warrant, to conduct a manual search of a phone at the border. https://www.ca5.uscourts.gov/opinions/pub/21/21-50406-CR0.pdf
November 20, 2024 at 2:44 PM
Just three days later, the Fifth Circuit has ruled that police do not need reasonable suspicion, much less a warrant, to conduct a manual search of a phone at the border. https://www.ca5.uscourts.gov/opinions/pub/21/21-50406-CR0.pdf
The Third Circuit is going en banc to hear argument about whether it is constitutional to prohibit people with certain non-violent felony convictions from possessing firearms. Oral argument is set for February 15.
https://www2.ca3.uscourts.gov/opinarch/212835po.pdf
https://www2.ca3.uscourts.gov/opinarch/212835po.pdf
November 20, 2024 at 2:45 PM
The Third Circuit is going en banc to hear argument about whether it is constitutional to prohibit people with certain non-violent felony convictions from possessing firearms. Oral argument is set for February 15.
https://www2.ca3.uscourts.gov/opinarch/212835po.pdf
https://www2.ca3.uscourts.gov/opinarch/212835po.pdf
Under Second Circuit precedent, an explicit quid pro quo is an element of both federal bribery and honest-services wire fraud. Here is the district court's summary of that law:
November 20, 2024 at 3:52 PM
Under Second Circuit precedent, an explicit quid pro quo is an element of both federal bribery and honest-services wire fraud. Here is the district court's summary of that law:
In particular, it was interesting that Judge Elrod, writing for the court, applied the rule of lenity in the defendant's favor and explained that alternative holdings, including this one, are binding precedent.
https://www.ca5.uscourts.gov/opinions/pub/21/21-11157-CR0.pdf
https://www.ca5.uscourts.gov/opinions/pub/21/21-11157-CR0.pdf
November 20, 2024 at 3:21 PM
In particular, it was interesting that Judge Elrod, writing for the court, applied the rule of lenity in the defendant's favor and explained that alternative holdings, including this one, are binding precedent.
https://www.ca5.uscourts.gov/opinions/pub/21/21-11157-CR0.pdf
https://www.ca5.uscourts.gov/opinions/pub/21/21-11157-CR0.pdf