Domestic strangulation and domestic homicide
The Maryland legislature's effort to punish domestic strangulation more harshly, while being rooted in a medical paper, is ultimately misguided. Domestic violence laws need to result in more...
View ArticleSupreme Court reverses reversal of conviction
The Supreme Court's decision in Coleman v. Johnson, reversing the Third Circuit's decision to overturn Johnson's conviction, seems like not a very big deal, unless you spend a lot of time looking at...
View ArticleWhy do innocent people plead guilty?
A recent article that I read discusses a problem that confronts every criminal defense lawyer -- when the Commonwealth's Attorney offers a sweet deal with a guilty plea to a lesser charge, with no jail...
View ArticleWhy did Chief Justice Roberts vote to uphold the Affordable Care Act?
Chief Justice Roberts voted to uphold the Affordable Care Act to keep the Supreme Court from becoming the dominant issue in the Presidential election.
View ArticleVirginia Supreme Court, 4-3, decides about liability for trees falling
A property owner is not liable under ordinary circumstances if one of his trees falls on his neighbor's house.
View ArticleShaken Baby Syndrome diagnoses are bad medicine
New research shows that Shaken Baby Syndrome as an allegation of child abuse is frequently misdiagnosed, and is poorly understood by both doctors and judges.
View ArticleSex offender laws may have unintended consequences
Sex offender registry and notification laws may, in some cases, have the effect of increasing recidivism, according to new studies.
View ArticleIgnition Interlock law takes effect
Virginia's new DUI laws will pose some problems for first offenders -- they will now need to have a car equipped with an ignition interlock device. Though this may reduce the number of subsequent DUI's...
View ArticleFourth Circuit puts meaning to Search and Seizure rules
The Fourth Circuit strikes down a search of a black man, finding that the government's so-called "rule of two" -- where there is one handgun, there will be another -- was not probable cause. This...
View ArticleShaken Baby Syndrome — Junk Science?
One of my great interests in the law is with junk science. The jails and prisons in this country have probably thousands of people in them who have been convicted on the basis of junk science. Or, as...
View ArticleNo “National Security” exception available in Tsarnaev
News stories dealing with the arrest of Dzhokhar Tsarnaev have often referred to some 48-hour “national security” exception to the rules about reading Miranda warnings and questioning suspects. The...
View ArticleNational Security exception to Miranda?
The Department of Justice has been talking about the supposed national security exception to the Fifth and Sixth Amendment. As I discuss at length in my earlier post, this has its roots in the public...
View ArticleMore on the national security exception and Tsarnaev
More on the so-called national security exception to Miranda – I have found no case by any court in the country that finds a “national security exception” to the Fifth and Sixth Amendments. In fact,...
View ArticleMaybe a “terrorist exception” to Miranda?
Oh, gee. I thought I was done. I found another line of cases specific to terrorism cases. It is not called a “national security exception.” The case that I am reading at the moment is the case of the...
View ArticleChild shoots child accidentally – is it a crime?
Simple summary -- when a child shoots another child, it probably won't lead to anyone suing anyone, but the parents will almost surely be investigated for child neglect or endangerment, leading to...
View ArticleMcDonnell trial, Day 13 — the false statement charges look tenuous
The prosecution is about done, and get ready for "300 witnesses, and no one who can say that there was a quid pro quo? 3.5 million documents and you didn't find anything that showed that the Governor...
View ArticleMcDonnell trial, day 14 — the prosecution rests
Gov't - Jonnie spent $177K on the McDonnells, including a $36,000 family vacation on Cape Cod in 2012. Defense - Bob says thanks for the vacation, Jonnie, but I don't seem to be able to get anyone to...
View ArticleMcDonnell trial — the Defense Begins
As the defense began Monday, Bob's political aides and Cabinet secretaries testified about how he was honest, a Boy Scout, and how Maureen was a diva, difficult to work with and impossible to work for....
View ArticleBob McDonnell testifies that his marriage was a mess; will it work?
Bob McDonnell gave an emotional description of a marriage that was falling apart, so much so that he would stay in his office until late at night to avoid having to deal with his wife, so (he claims)...
View ArticleMcDonnell trial — Bob’s cross-examination begins
Cross examination will continue Tuesday, and defense evidence will probably wrap up on Wednesday. Look for the case to be ready to argue to the jury by Friday.
View Article
