April Fool's Legal Myths: From "One Phone Call" to Dual-Citizenship

The California Appellate Law Podcast

The California Appellate Law Podcast
April Fool's Legal Myths: From "One Phone Call" to Dual-Citizenship
Apr 01, 2026
Tim Kowal & Jeff Lewis

The law is riddled with things "everybody knows" that aren't actually true. In this April Fool's-themed episode, Tim Kowal and Jeff Lewis discuss several legal myths, half-truths, and courtroom fictions—from rules of evidence to constitutional assumptions to a Scopes Monkey Trial mythology that is more Hollywood script than record.

Key points:

  • Miranda warnings aren't in the Constitution—but they're constitutionally required anyway: The specific warnings don't appear in constitutional text; they're a prophylactic rule. Yet they're binding—even Congress can’t touch them.
  • Dual citizenship was never authorized—it emerged by accident: No Congress ever passed a statute permitting dual citizenship. Great Britain and German have asserted jurisdiction via conscription of the children of their subjects—even though born in the U.S. This is context directly relevant to Trump v. Barbara arguments this week.
  • "One phone call" is Hollywood fiction: California Penal Code § 851.5 grants at least three completed calls within three hours of booking, plus additional calls for custodial parents.
  • Circumstantial evidence carries the same weight as direct evidence: DNA and fingerprints are circumstantial; CALCRIM 223 instructs juries to treat both types equally.
  • The Scopes Trial was staged, and the textbook taught eugenics: Think this was religious fundamentalism vs. science? Think again. The evolution text in question, George William Hunter's Civic Biology, ranked races hierarchically and endorsed selective breeding. William Jennings Bryan is regarded a buffoon, but his actual argument was more about local curriculum control than creationism.
  • Buck v. Bell has never been overruled: Remember the monstrous 1927 opinion upholding compulsory sterilization? Still good law. Technically.

What legal tropes get irk you?

Episode Artwork April Fool's Legal Myths: From "One Phone Call" to Dual-Citizenship 32:40 Episode Artwork From BigLaw to Boutiques: David Lat on Trump, VanDyke, and the Art of Oral Argument 55:04 Episode Artwork The Myth of the Rule of Law in Nude Female Korean Spas 43:08 Episode Artwork CA Trans Law Stay in SCOTUS, and AI Sanctions in SCOCA 31:35 Episode Artwork The AI-Work Product Split, & Deadbeat-Dad Deals=Unenforceable 32:34 Episode Artwork California's Appellate Chaos and a Proposed Fix 24:58 Episode Artwork California's No-Horizontal-Stare-Decisis Rule: How an Accident Became Law 30:08 Episode Artwork The Hallucination Trap: How to Use AI in Legal Practice Without Losing $10,000 36:52 Episode Artwork The Ethics and Philosophy of AI in Legal Practice 28:02 Episode Artwork A Supreme Lemon: Michelle Fonseca on used-car consumer protections after Rodriguez 37:06 Episode Artwork Federal contempt is broader than Cal. contempt, & PAGA victory becomes a “smoldering ruin” 26:22 Episode Artwork New Civ Pro Rules for 2026 35:12 Episode Artwork $25K for a Malicious Anti-SLAPP & Other Bad-Lawyering Sanctions 27:22 Episode Artwork Media immunity and civil bounty hunters 31:52 Episode Artwork Why AI Cites Really Bother the Courts 34:14 Episode Artwork Pronouns at the Supreme Court & AI Arbitrators 36:49 Episode Artwork What’s on Judges’ Minds, with Jimmy Azadian: From Threats to Judges to the ‘Turn It Down’ Law 46:00 Episode Artwork Skating to Where the AI Puck is Going: ClioCon 2025 Insights 34:58 Episode Artwork Don’t Boies Schiller your brief—”Read all your cases!” says AI Legal Writing Prof. Jayne Woods 42:39 Episode Artwork Legal-tech guru Ernie Svenson on how attorneys should use AI 34:54 Episode Artwork Teaching Justices to Write: Cherise Bacalski 54:54 Episode Artwork 9th Circuit overrules the appeal-extension rule: 30 Days Means 30 Days 31:51 Episode Artwork When Copy & Paste Gets Costly, & other recent cases 36:08 Episode Artwork Patrick Hagen’s legal writing tips for the LinkedIn masses 47:38 Episode Artwork Headless PAGA Claims, with Monte Grix 42:15