Cops and the Constitution

May 24, 2010

I often get brought in by other lawyers to be the constitutional scholar, handling the more esoteric areas of con law.  And though it’s an ever evolving, living document, I would like to think of myself as a Constitutional Law Scholar.  I work at it.  I spend time studying, analyzing, teaching, and trying cases. I […]

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Videotaping the Police and the Consequences

May 21, 2010

Toward the end of the tumultuous 1960’s, Congress enacted the Omnibus Crime Control & Safe Streets Act of 1968, which contained a wiretap law.  Subsequently, many states, including Maryland, enacted a wiretap statute.  Maryland’s statute prohibits the intentional interception of any conversation, when the words are spoken to or by any person in private conversation.  […]

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New Maryland 4th Amendment Case Agurs v. State

May 20, 2010

Agurs, below, is a Maryland case.  For the single 2010 Supreme Court 4th Amendment Case, please see 2010, 4th Amendment SCOTUS. EVIDENCE SUPPRESSED WHEN NO PROBABLE CAUSE A half century ago, if police officer, in a state court, violated Fourth Amendment search and seizure rights, there was not much the citizen could do.  State court […]

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What is an Expungement?

May 13, 2010

Ten years ago, hardly anyone knew what expungement was – even most attorneys.  Now many non-lawyers and lawyers know something about expungement, but usually just enough to be dangerous.  Why did no one know about, or care about, expungement a number of years ago, and why does everyone now know about it and care about […]

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Elana Kagan Lacks Experience

May 11, 2010

President Obama has nominated Elana Kagan to be the 112th Supreme Court Justice.  I am a liberal and a great supporter of the President.  Thus, if I were a Senator, I would vote to confirm Ms. Kagan in a heartbeat.  Moreover, I have been a law professor for 33 years and I champion an individual […]

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What is an Alford Plea?

April 30, 2010

Definition of Alford Plea:  An Alford Plea is a guilty plea in which a defendant does not admit guilt. In this country, of the criminal cases that go to trial, about six cases in seven result in a guilty plea.  Often, neither the prosecution nor the defense has a perfect case, and neither side wants […]

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City Employee Allegedly Stealing City Money

April 29, 2010

Fox 45 television interviewed me last week about an interesting story that its news crew broke.  The story goes like this. A Baltimore City employee was convicted of a sex offense in 2008.  He was sentenced to 18 months and required to register as a sex offender.  He was incarcerated for eight months before being […]

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Marbury v. Madison, Part II

April 28, 2010

Continued from Marbury v. Madison, Part I Marbury v. Madison established the principle of “judicial review,” making the judicial branch “first among equals” by speaking last.  The legislative branch enacts the laws and the executive branch enforces the laws, but only the judicial branch determines what the laws mean and whether they are constitutional.  Many […]

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Marbury v. Madison, Part I

April 26, 2010

Prior to the Twelfth Amendment, whichever candidate received the most electoral votes became President.  In 1800, because no candidate won a majority of the Electoral College, the election went into the House of Representatives, where each state has one vote.  After six days and 36 ballots, the House elected Vice-President Jefferson to be the third […]

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Supreme Court Justices by Race, Religion, Gender and Origin

April 23, 2010

The first Supreme Court justices were appointed in 1789.  At that time, women had no power, more than 90% of African-Americans were slaves, there was great prejudice against Catholics and Jews, and Latinos/Hispanics were almost unheard of.  Thus, it is not surprising that all justices from 1789 to 1836 were white, male, and protestant.  In […]

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