Both Sides of the Bench

This week on Both Sides of the Bench, Shaun breaks down the Capitol Police trial following Stephen Frederick’s acquittal, the hung jury involving Michael Rhinewalt, and the Attorney General’s decision not to retry the case.
Then, a look at the developing Cornell case, why comparisons are already being made to the Duke lacrosse scandal, and the danger of deciding guilt or innocence on social media before all the evidence is in.
Plus, how media coverage can shape the public’s perception of a criminal case long before twelve jurors ever enter a courtroom.

How easy is it to secretly track somebody’s car, and when does it become a crime?
This week on Both Sides of the Bench, I get into GPS trackers, jealous spouses, crazy exes, private investigators, stalking laws, and what you should do if you discover a tracking device on your vehicle.
I also talk about Mississippi’s divorce laws and why I think forcing people to remain legally married can have some very real consequences. Plus, more on the Lindsay Clancy case, whether jurors can cash in after a high-profile trial, what a defense like Clancy’s might actually cost, and some stories from my first days trying cases when I had absolutely no idea what I was doing.
Criminal law, divorce, GPS trackers, Lindsay Clancy and a few trips completely off the rails. Basically, a normal episode of Both Sides of the Bench.

This week on Both Sides of the Bench, I break down what’s happening with the deadlocked jury in the Lindsay Clancy trial, including the so-called “dynamite charge,” reasonable doubt, and why nobody outside that jury room really knows which way the holdout juror is leaning.
Then I wander into some of my favorite stories from 21 years in criminal law: putting a serial killer on death row, the defendant who got 75 years after killing a woman’s dog during a burglary, the time I prosecuted someone for breaking into Senator Trent Lott’s house, and some truly unbelievable jury notes I’ve collected over the years.
I also talk about why my years as a defense attorney have changed the way I look at defendants, punishment, and the criminal justice system.
Basically, it starts with Lindsay Clancy and somehow ends with Rosie the Shih Tzu, Trent Lott, a 75-year sentence, and why real criminal law is usually stranger than Court TV.

Thousands of people online have decided Patrick Clancy was somehow responsible for the deaths of his three children. There’s just one problem: the evidence.
I break down why the internet conspiracy makes no sense, why Lindsay Clancy’s own defense attorney would absolutely blame Patrick if the evidence supported it, and what happens when we decide someone is guilty first and go looking for facts later.

Did she kill her three children while legally insane? Can you carefully plan a murder and still be insane?
And perhaps the most important question of all: how did Patrick Clancy manage to fool the police, prosecutors, forensic experts AND his own wife’s defense attorney, only to finally be exposed by a woman on Facebook whose profile picture is a golden retriever?
We’ll discuss the actual evidence, the insanity defense, and the revolutionary new legal standard sweeping social media: “I just feel like something isn’t adding up.”
Unfortunately, that one still isn’t in the jury instructions. #lindsayclancy

Hinds County Assistant District Attorney Gwen Agho joins me to talk about her campaign for District Attorney and her more than a decade of experience prosecuting cases in Hinds County.
We discuss the backlog facing the criminal justice system, the Tim Herrington murder trial, the Jordan Cummins St. Patrick’s Day murder case, self-defense, working with victims’ families, and what actually goes into preparing and trying a murder case.
We also talk about what Gwen believes needs to change inside the Hinds County DA’s Office and why she says she’s ready to take over on day one.

The appointment of a Muslim municipal judge in a small Mississippi town somehow turned into warnings that Sharia law is coming to Mississippi. But can that actually happen?
On this episode of Both Sides of the Bench, I break down what Sharia law actually is, what the Constitution and Mississippi law already say about religious law, and why the controversy may have a lot more to do with politics than the law. We also look at the Sharia-law fight in Texas, how politicians on both sides use fear as modern-day bread and circuses, and why Americans may have a lot more in common than our politics would have us believe.
And yes, the rules of Monopoly currently have about as much independent authority in a Mississippi courtroom as Sharia law.

This week on Both Sides of the Bench, Shaun looks at whether you can get a DUI in a self-driving car, including the much harder question of what happens when an intoxicated person is sitting in the passenger seat while the car drives itself. The show also explores how self-driving cars could change DUI and traffic stops altogether.
Plus, what can police legally search during a traffic stop? We break down consent searches, probable cause, the automobile exception, and how long police can hold you while waiting for a drug dog.
Finally, should you ditch your cell phone? We look at geofence warrants, cell-tower dumps, and a recent Mississippi federal court decision raising major Fourth Amendment questions about how much location information the government should be allowed to collect from innocent people while searching for a suspect.

Has social media created a second justice system where accusations spread faster than facts and people are treated as guilty before any evidence is presented?
In this episode of Both Sides of the Bench, Shaun Yurtkuran uses the Nolan Wells controversy as a starting point for a much broader discussion about due process, public accusations, and the power of social media. He examines how McCarthyism demonstrated the damage caused when accusation becomes punishment, how modern algorithms reward outrage over accuracy, and why corrections rarely receive the same attention as the original allegation.
The episode also breaks down Section 230 of the Communications Decency Act, the legal protections it gives social media companies, and the recent lawsuits alleging that platforms intentionally designed addictive and harmful products for children. The larger question is whether platforms should remain protected when they do more than simply host content and instead actively recommend and amplify it.
This is not just a discussion about one case or one lawyer. It is a discussion about whether evidence still matters in America, what remedies exist for people who are falsely accused online, and whether the law can keep pace with a business model built around attention, outrage, and virality.

Think you know how the criminal justice system works? Chances are you've picked up a few myths along the way.
In this episode of Both Sides of the Bench, Shaun is joined by Derek McCoy of Culberson Bail Bonding to answer the questions people ask every day after an arrest. They discuss what you're legally required to do during a DUI stop, whether you should perform field sobriety tests, refusing roadside and evidentiary breath tests, when to hire an attorney, how bail really works, why bond amounts vary so much, prescription medication arrests, common misconceptions about the court process, and what actually happens from arrest to indictment.
Whether you've never had any interaction with the criminal justice system or you've been through it before, this episode pulls back the curtain on how things really work, without the Hollywood myths or social media misinformation.