Criminal Defense
SCOTUS overturns law against lying about military service awards, for now
To sufficiently protect free expression, we always must err on the side of overprotecting free expression than underprotecting it, even with such socially unhelpful expression as that of Xavier Alvarez. Alvarez was not satisfied enough with having become a regional water board member. Instead, at...
Criminal defense is all about clients
My work is never dull. Criminal defense, for me, is blissful battle on the side of the angels, no matter how rough and tumble the battles get. It is a constant opportunity for me to hone being calm in the eye of the storm. The extra...
Pathetic tale of exposing a child to methadone, not bringing him to the hospital, and being convicted of felony murder
A criminal defense lawyer at once needs abundant compassion, empathy, and a cast-iron stomach. Even with that ongoing goal, I am still retching over yesterday’s Virginia appellate case opinion concerning the following allegations proven against a woman — and apparently admitted to by her trial testimony —...
“I am scared sh*tless. How do I convince myself that you will be there for me working your ass off?”
One day I had breakfast with a local top-notch veteran medical malpractice lawyer who seems to deeply care about his clients and the quality of his work. To this day, he has not found a way to save time by limiting his potential client meetings...
Defending retch-inducing child pornography and child sex solicitation cases
DEFENDING CHILD PORNOGRAPHY AND SOLICITATION OF SEX WITH CHILDREN. By Jon Katz “Why do you want to defend such a case?” asked one of the most amazing and effective trial consultants/psychological professionals, whom I visited for ideas on defending a man caught distributing multiple images...
Don’t hold your breath to see any expansion of Miranda
Miranda v. Arizona, 384 U.S. 436 (1966), must be kept sacrosanct, so that law enforcement will properly advise suspects in custody of their right to remain silent, and honor that right, so that the Fifth Amendment has real meaning in assuring that one not be...
4th Cir.: Only the four corners of the court record may be used to make a crime of moral turpitude determination for immigration purposes
When a criminal defense lawyer consults with a qualified immigration lawyer conversant with adverse immigration consequences from criminal convictions, expect to hear the immigration lawyers’ analysis include risks from crimes of moral turpitude and aggravated felonies. Praised be the majority on the Fourth Circuit panel...
Fourth Circuit affirms suppression of fruits of the poisonous tree
Prosecutors often will try to overcome bad searches by claiming such factors as inevitable discovery, and intervening events that cure any taint. Praised be the Fourth Circuit recently, 2-1, for not buying the prosecutor’s arguments over an unconstitutional stop of a car, without which the cops would...
Fourth Circuit reverses for on-the-street peek and entry into arrestee’s underwear
Bill of Rights (from the public domain) Praised be the two-judge majority that today reversed a drug conviction, finding that the police on-the-street peek into an arrestee’s underwear — and subsequent cutting off the string attaching a bag of cocaine to his penis — amounted...
Using the First Amendment Against the Criminalization of Free Expression
Beware when a judge sees the First Amendment’s free speech clause as a hindrance to judicial administration, perhaps emphasizing that the First Amendment is not absolute and does not protect the right to cry “fire” in a crowded theater. (As it turns out, a Supreme...