United States v. Jones
http://www.supremecourt.gov/opinions/11pdf/10–1259.pdf
SCOTUS ruled today that placing a GPS tracking device on a defendant’s vehicle is a search within the meaning of the 4th Amendment.
http://www.supremecourt.gov/opinions/11pdf/10–1259.pdf
SCOTUS ruled today that placing a GPS tracking device on a defendant’s vehicle is a search within the meaning of the 4th Amendment.
Working at the Office of the Public Defender is incredible.
I’m learning so much about the practice of criminal law, it’s actually pretty pathetic. I mean, you’d like to imagine that after law school and the bar you know something about the reality of criminal law.
Something.
Anything at all.
Troy Davis was executed last night.
I can’t explain the details surrounding his case better than Jeff Gamso has; I can’t argue with Mark Osler’s article on cnn.com explaining why we should err on the side of not murdering someone. It almost seems like there is nothing left to say… but I can’t sit now and say nothing.
Yesterday I interned at the Office of the Public Defender in district court. This was the first day of my new schedule, working my 40 hours in 4 days and taking Tuesdays off to intern at the OPD. It was frigging fantastic.
Since I’m still waiting on my bar results the most I can do is act as a law clerk, but that’s still much more than I’ve had the chance to do before now.
The more I find out about the court and its procedures (not civil, not criminal, but administrative) the more ignorant I feel. But at least it’s tempered with the knowledge that I’m in the right place to learn.
Turns out that the district court I’m working at splits up the courtrooms by district. I was assigned to one courtroom and I shadow the attorneys who work that room.
Utter chaos started the day; people all over the place, lawyers snatching conversations with clients and their families beforehand and running out of the courtroom for minutes at a time to follow up with clients afterward.
Between the two attorneys I shadowed, there were about 20 cases during the morning docket, but only 5 or so during the afternoon.
When the afternoon docket was finished, one of the attorneys asked me if I found it boring or exciting. I told him that I’m still at the point where it’s all exciting, no matter how boring it is.
http://www.mdcourts.gov/opinions/cosa/2011/1992s09.pdf
This opinion by the Court of Special Appeals addresses several issues. The one I want to highlight is the second question presented to the court.
2. Did the trial court err in admitting extrinsic evidence of a prior inconsistent statement made by the Appellant when the Appellant admitted having made the statement and explained why he had made it?
http://mdcourts.gov/opinions/coa/2011/120a09.pdf
This opinion, from the MD Court of Appeals, involves a manslaughter case from 1994 in which the trial judge gave jury instructions that changed the definition of “reasonable doubt.“
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http://mdcourts.gov/opinions/coa/2011/24a08.pdf
This is a pretty straightforward issue involving a defendant who did not trust his lawyer and thought he could do a better job.
The Wiretap law in Maryland exists to protect society’s right to privacy by protecting conversations we engage in, thinking that we know who can hear us. All laws, however worded, carry with them the potential to be misused, to criminalize activity unintended by the legislators. The Maryland Wiretap law has been the focus of media attention recently because of efforts of police officers to use the Wiretap law to criminalize videotaping police interactions. This is an inappropriate application of the current law that does nothing to further the public policy interest in privacy. Furthermore, such an application of the Maryland Wiretap law goes against the interest society has in being able to supervise the police.
ELROY MATTHEWS, JR.
v.
STATE OF MARYLAND
http://mdcourts.gov/opinions/cosa/2011/2801s09.pdf
Another opinion by the Court of Special Appeals, another opinion by Judge Moylan — this time focusing on what constitutes an “illegal sentence.“
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