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Maryland Moving at a Misguided PACE

Maryland Moving at a Misguided PACE

March 14, 2025

Maryland Moving at a Misguided PACE

By: James Trusty

Maryland legislature is considering passing a law ineptly called the Protecting the Admissibility of Creative Expression (“PACE Act”) which would limit the use of rap lyrics, among other forms of expression, in criminal and juvenile proceedings. While prosecution use of rap lyrics in criminal trials is a bit uncommon, the state house move here is in reaction to a 2020 murder case in which a defendant’s post-arrest rap about killing “snitches” with a “.40” may have weighed heavily in the jury’s conviction. In Montague v. State, 471 Md. 657 Md. 2020) the Maryland Supreme Court affirmed the trial court’s ruling that Montague’s ruminations about murder and using a .40 caliber weapon—made from a jail phone after his arrest—was not an…

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My Brother’s Keeper

February 20, 2025

My Brother’s Keeper

By: Abbey Block

Am I my brother’s keeper? Or more specifically, can lawyers be sued for their clients’ bad behavior? A newly proposed bill out of Washington state says yes. The bill, HB 1891, provides the following legal framework, under which an attorney can be sued for injuries caused by his or her client who is released from detention pending trial: Any person injured by an individual who…

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DOJ Memo Sneaks In Seismic Changes

January 31, 2025

DOJ Memo Sneaks In Seismic Changes

By: James Trusty

Amidst the tidal wave of Executive Orders, presidential appointments, and policy announcements, it is easy to treat last week’s Interim Policy Memo from the Acting Deputy Attorney General[1] as just another ripple of nominal change that occurs when democrats replace republicans or republicans replace democrats. And, indeed, although there are portions of it that reflect the recurring philosophical tug-of-war over the tough on crime approach…

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The Lowdown on Takedowns

July 13, 2017

The Lowdown on Takedowns

By: James Trusty

Attorney General Jeff Sessions and a battery of other federal law enforcement officials today announced the “largest health care fraud takedown” in U.S. history, with 412 charged defendants, including 56 doctors, accused of defrauding taxpayers of roughly $1.3 billion.  Importantly, the takedown focused on the over-prescription of opioids, a phenomenon that has led to thousands of addictions and overdoses across the U.S.  Takedowns like this…

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The “Third Party” Catch-22

June 12, 2017

The “Third Party” Catch-22

By: Ifrah Law

As the Department of Justice has been doubling down on law enforcement overreach, the Supreme Court has just decided to hear a case that may limit the use of a common tool that law enforcement uses to infringe upon the privacy rights of innocent people. The case, Carpenter v. United States, arises out of a series of armed robberies in Michigan in 2010 and 2011. …

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DOJ’s New Charging and Sentencing Policy Will Disproportionately Impact Vulnerable Populations

May 15, 2017

DOJ’s New Charging and Sentencing Policy Will Disproportionately Impact Vulnerable Populations

By: Jeffrey Hamlin

On May 10, 2017, Attorney General Jeff Sessions issued a memorandum that expressly rescinds previous Department of Justice (DOJ) policy and directs federal prosecutors to “charge and pursue the most serious, readily provable offense” against federal defendants. The likely result of this harsher approach to the enforcement of federal drug laws is a return to mass incarceration, with disparate impacts on communities of color and…

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When A Threat Becomes A Crime

March 2, 2017

When A Threat Becomes A Crime

By: James Trusty

A Miami Beach man was recently accused of threatening President Trump on Twitter. He sent the threat directly to Secret Service, challenging them to stop his Inauguration Day surprise. They did, and Dominic Puopolo, who used the screen name of Lord Jesus Christ, is now in federal custody. Sending a threat to the President, to an ex-wife, or to a judge is a federal felony, punishable by…

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Will Clemency Continue?

February 1, 2017

Will Clemency Continue?

By: Steven Eichorn

There are many big policy changes happening in Washington these days and they receive appropriate press coverage. But, there are also many smaller changes that can have literally life changing effects on citizens, which are not generally reported in the media. One of those smaller changes is whether the Trump administration will revive a clemency program for federal inmates that effectively concluded with the end of…

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Articles and Presentations by Our Firm Attorneys

Maryland Moving at a Misguided PACE

Maryland Moving at a Misguided PACE
By: James Trusty

My Brother’s Keeper

My Brother’s Keeper
By: Abbey Block

DOJ Memo Sneaks In Seismic Changes

DOJ Memo Sneaks In Seismic Changes
By: James Trusty

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