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Beware Shepard’s

In the days before Al Gore discovered the Internet, my law school legal research and writing instructor introduced us to the tomes — called Shepard’s Citations — through which we painstakingly checked whether court cases being cited by us had been overturned, reversed, or affirmed, or...

When may a prosecutor reopen the case in chief?

In the Fourth Circuit, "[t]he reopening of a criminal case after the close of evidence is within the discretion of the trial judge. See United States v. Walker, 772 F.2d 1172, 1177 (5th Cir. 1985); United States v. Molinares, 700 F.2d 647, 652 (11th Cir....

Rowe to the Rescue

Where I usually practice law in Maryland, a drunk driving defendant with a good driving record and nothing unusual in his or her case is a good candidate for a probation before judgment after any guilty verdict. A PBJ prevents one from losing points and...

The jury watches everything the client and the lawyer do

Courthouses and courthouse procedures expose parties and their lawyers to being seen and heard by the juries doing things they do not intend to be seen and heard doing, including conversation in restrooms, criminal defendants in chains before being brought to the courtroom, and parties...

Expose police abuse far and wide

When police operate in the shadows, the risk increases that they will abuse suspects’ rights. After all, power corrupts, including when a cop has a handgun, taser, blackjack, billyclub, handcuffs, a badge, and the power of arrest, and the suspect has none of those. Praised...

Listen to your client, or else

After practicing criminal defense for many years, a lawyer can get jaded by some of the more cockamamie-sounding urgings from clients, including the absence of fingerprints when ten witnesses and five videocameras caught the double-killing, and the shooting defendant was then tackled and held until...

Jim Webb distinguishing self from Jack Webb?

Before now, nothing impressed me about Senator Jim Webb other than that he was less worse than George Allen of macaca-gate infamy. On March 26, 2009, Webb introduced the National Criminal Justice Act of 2009. It is good that more people than criminal defense lawyers...