Criminal Defense
Summary contempt proceedings are only available where the judge witnesses the contempt firsthand
Many make much fanfare about the United States criminal justice system’s right for criminal defendants to remain silent, to have a trial, to be presumed innocent unless and until found guilty beyond a reasonable doubt, and the right to counsel. However, the courts where I...
Use Brady as a shield and sword
Last August, I wrote about Brady v. Maryland, 373 U.S. 83 (1963). In its key holding, Brady proclaims: “We now hold that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to...
“Swear words” are not sufficient by themselves to get a conviction
Recently, Virginia’s Court of Appeals confirmed that so-called "swear words" are insufficient by themselves to convict for obscene or profane language. In Lofgren v. Virginia, ___ Va. App. ___ (Nov. 3, 2009), the Court reversed Lofgren’s conviction for a phone call in which he let loose...
Jan 2010 Recent Virginia Supreme Court Opinions
Following are some particularly important recent Virginia Supreme Court opinions: Logan v. Virginia, ___ Va. ___ (Jan. 15, 2010): The “exclusionary rule is not applicable in probation revocation proceedings absent a showing of bad faith on the part of the police.” Jones v. Virginia, ___...
Tracking Virginia criminal law legislative proposals
Thanks to a fellow listserv member for posting the following links for tracking criminal law legislation being proposed during the current Virgnia legislative session: Criminal law – substantive:https://leg1.state.va.us/cgi-bin/legp504.exe?101+sbj+018 Criminal law -procedure:https://leg1.state.va.us/cgi-bin/legp504.exe?101+sbj+019 Juvenile:https://leg1.state.va.us/cgi-bin/legp504.exe?101+sbj+099 Circuit Court – procedure:https://leg1.state.va.us/cgi-bin/legp504.exe?101+sbj+017 District Courts – procedure:https://leg1.state.va.us/cgi-bin/legp504.exe?101+sbj+016
Judges must tread carefully in sentencing more harshly where remorse is not shown
Many judges focus on remorse, and the lack thereof, in sentencing. If a defendant has been wrongfully convicted, however, how may s/he show remorse? In Maryland, at least, judges may consider remorse in deciding whether the defendant is a good candidate for rehabilitation. Jennings v....
Praised be Steve Rench and his organization approach
A friend told me he once saw Sting on a London street in the mid-1980’s. Word traveled rapidly that he was there, and Sting slipped deftly away before he got mobbed. I, on the other hand, saw Roger Daltrey in a Vancouver hotel lobby in 2001,...
Preserve speedy trial rights by objecting to continuances and other delays
Trial lawyers are familiar with the general obligation to timely object at trial, in order to preserve an evidentiary issue for appeal. To preserve speedy trial rights, it is critical not only to make timely speedy trial motions, but to object clearly on and in...
Justice delayed is better than justice denied, even when delayed for three decades
Congratulations to Donald Gates for finally being released from decades in prison over a murder he did not commit. Thank you to former D.C. Superior Court Fred Ugast — who presided over Mr. Gates’s trial — for granting this release, and for urging an investigation into...
Supreme Court improperly gives short-shrift to trial judge’s essential function in eyeballing witnesses at a suppression hearing
Appellate judges repeatedly refuse to disturb trial judges’ sound discretion in assessing witness credibility in denying a criminal defendant’s motion to suppress evidence. Consequently, appellate judges should also refuse to disturb trial judge’s sound discretion in assessing witness credibility in granting a criminal defendant’s motion to...