Criminal Defense
The Fourth Circuit rejects giving ESP powers to searching cops. Was this a Walking While a Young Black Male patdown?
The U.S. Court of Appeals for the Fourth Circuit in Richmond is particularly conservative, unfortunately. Even though a president can try to overcome the Fourth Circuit’s conservative reputation by appointing judges not expected to be conservative, the Fourth Circuit’s judges may not overturn the court’s...
When a police search is valid today, but would be invalid under later 4th Amendment jurisprudence
Today, the Fourth Circuit ruled that objectively reasonable police reliance on later-overruled binding appellate precedent on searches and seizures, precludes exclusion of the evidence at trial. U.S. v. Wilks, ___ F.3d ___ (4th Cir., July 28, 2011). Wilks finds the U.S. Supreme Court’s recent Davis...
Criminal defense lawyers should be immune from testifying against their clients at their criminal trials
Mario Turner got convicted — and sentenced to several years in prison — for aggravated malicious wounding and use of firearm during the commission of a felony. Turner v. Virginia, ___ Va. App. ___ (July 26, 2011). Standing out most about Turner is neither his conviction...
When a capital conviction is reversed over the wrongful striking of one potential juror
On July 14, 2011, I blogged about Norfolk federal trial Judge Raymond A.] Jackson’s reversal of Justin Michael Wolfe’s capital conviction, primarily due to his finding of serious failures of the prosecution to disclose exculpatory/Brady evidence. It is ironic that a case opinion as important as this...
Federal judge gives full teeth to Brady v. Maryland
Six weeks after my birth, the United States Supreme Court issued the landmark opinion of Brady v. Maryland, 373 U.S. 83 (1963), requiring prosecutors to disclose material exculpatory evidence upon the request of the defense: “We now hold that the suppression by the prosecution of...
Defendants retain their Fifth Amendment right to remain silent at sentencing
A criminal defendant’s right to remain silent does not go out the door through a conviction following a guilty plea or trial. Mitchell v. U.S., 526 U.S. 314, 119 S.Ct. 1307 (1999). Mitchell is black letter law, despite the firm dissent of four justices therefrom....
A tale of judges ruling 5-4 on Miranda
Bill of Rights. Miranda v. Arizona,384 U.S. 436 (1966), must be kept sacrosanct, and not made into a farce akin to a person dancing around with a fruit salad on her head. None of the sitting Supreme Court justices seem likely to vote to completely...
Beware what lurks around the corner with each new criminal conviction
Many of my clients breathe a sigh of relief when they learn that a prosecutor has offered a plea deal that is likely to result in much less incarceration time than through a trial loss, when they believe that the risks of a trial loss...
The presumption of innocence is king
The presumption of innocence, and the requirement of proof beyond a reasonable doubt in criminal cases, must seem to be a very foreign concept to countless criminal jurors. Hopefully Twelve Angry Men (not this 12 Angry Men) will convince more people of these critical principles of criminal justice....
4th Circuit: A known suspicious person shifting around in a car does not a lawful stop make
Yesterday, the Fourth Circuit issued a great opinion reversing a drug conviction on a finding of no reasonable articulable suspicion to stop a suspect, where the stop was mainly based on law enforcement’s being familiar with his past criminal history, believing the suspect was acting uncomfortable in seeing people he knew...