Criminal Defense
Revisiting owning time and place in the courtroom battlefield
It is easy to find ourselves challenged to succumb to automatic pilot mode during the day, constantly moving, moving, moving. Criminal defense lawyers constantly prepare for battle victory. Judges tell us when to come to court and when to start our trial. Clients merit timely...
Dylann Roof’s capital trial and double jeopardy, no privacy in one’s diary, and standby counsel
Virulently and violently racist Dylann Roof hit the jackpot by getting David Bruck assigned as the lead trial lawyer in his federal hate crime/South Carolina church massacre trial. Roof has squandered that away by reducing Mr. Bruck to standby counsel during the capital sentencing trial...
Beware when federal law criminalizes such overseas activities as sex with minors
Richard Arthur Schmidt faced quite the reversal of fortune this week in the Fourth Circuit, which overturned the trial court's reversal of his conviction on a guilty plea for traveling in foreign commerce and having sex with minor boy(s). United States v. Schmidt, ___ F....
Judges and prosecutors should accommodate press access to the courts
The New York Times's Shaila Dewan recently depicted the sad circumstances, at best, about judicial and prosecutorial efforts to thwart journalists' access to and coverage of court actions.
Virginia reckless driving- Oppose proposal to criminalize cellphone use while driving
Virginia legislators Scott Surovell and Kaye Kory are sponsoring legislation to further restrict, penalize, and under many circumstances make jailable the use of cellphones while driving. Virginia law already penalizes unlawful cellphone use while driving, as a law infraction that applies a fine.
A possibly misidentified man is serving a 9-year Virginia robbery sentence
Criminal defendants fingered primarily or exclusively on eyewitness testimony should fight tooth and nail to get the most beneficial jury instructions, should preserve any cross-racial identification issues for argument and appeal, and should consider whether an eyewitness identification expert should be hired.
Virginia Marijuana Defense – Hashish oil possession as a felony versus marijuana possession as a misdemeanor
In Virginia, marijuana possession is a misdemeanor but hashish oil possession is a felony. How is that possible, when hashish oil comes from marijuana and when the Virginia Code does not define hashish oil?
DEA says Marijuana Extract & CBD are Schedule I Drugs – Virginia law on CBD and THC-A oil
After all the dizzying strides that the marijuana industry has made in Colorado and other states where marijuana has become lawful, and continued efforts to legalize domestic hemp production, the Trump administration's marijuana policies may make federal litigation all the more necessary and extensive to...
Persuasion through being open, without revealing secrets nor all weak spots
At the Trial Lawyers College, I learned that its founder Gerry Spence is at once an incredibly powerful persuader, very in touch with his strengths and weaknesses, and ready to reveal his vulnerabilities. This started out as simply with Gerry's voicing his disappointment that "Nobody...
“You always smile when you object,” the prosecutor told me
A prosecutor recently pointed out "You always smile when you object" when we try cases together. I replied that I smile while firing my proverbial bullets, and mentioned the great World War II movie scene where the American soldier calmly smiles in the moment, while...
