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Maryland Moving at a Misguided PACE
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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…
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…
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…
Is D.C. on the Way to Legalizing Online Poker?
February 2, 2011
Is D.C. on the Way to Legalizing Online Poker?
By: Ifrah Law
An amendment introduced to the District of Columbia Fiscal Year 2011 Budget Support Act and approved with little fanfare or advance warning could signal a major change in the law of i-gaming. The amendment, introduced by at-large Democrat Councilmember Michael A. Brown, would allow the D.C. Lottery to administer online poker by defining the D.C. Lottery to include both “games of skill and games of…
Amicus Briefs Urge Reduction in Rubashkin Fraud Sentence
January 25, 2011
Amicus Briefs Urge Reduction in Rubashkin Fraud Sentence
By: Ifrah Law
We first posted about Sholom Rubashkin—the former plant manager at the now-defunct Agriprocessors, Inc. — back in May 2010, when Rubashkin was awaiting sentence for more than 80 counts of fraud in connection with his operation of the kosher slaughterhouse. Since then, Chief U.S. District Judge Linda Reade of the Northern District of Iowa sentenced Rubashkin to 27 years in prison, an action that sparked…
California Court OKs Warrantless Search of Cell Phone
January 19, 2011
California Court OKs Warrantless Search of Cell Phone
By: Ifrah Law
The text messages in a defendant’s cell phone are in no way different, for the purposes of a police search after an arrest, from the defendant’s clothing or a cigarette package. That was the holding of the California Supreme Court on January 3, 2011, in People v. Diaz, a case in which the state’s highest court approved the police’s warrantless search of the text message…
Why Is an Assault on Congress Member a Federal Crime?
January 12, 2011
Why Is an Assault on Congress Member a Federal Crime?
By: Ifrah Law
The charges against Jared Loughner for shooting Representative Gabrielle Giffords put into sharp focus a little-known federal statute, 18 U.S.C. 351. This law provides for a death penalty for killing a member of Congress, a presidential or vice presidential candidate, or a Supreme Court justice, as well as imprisonment up to life for attempting to kill such a person. Loughner is charged under this statute…
A Tragic Result of the Stevens Case
January 3, 2011
A Tragic Result of the Stevens Case
By: Ifrah Law
We have discussed the fallout from the Ted Stevens prosecution several times in this blog. See this post, this post, and this post. The Jan. 3, 2011, issue of the New Yorker magazine has a fascinating article about another, very sad result of that case – the September 26, 2010, suicide of Nicholas Marsh, a Department of Justice attorney who was part of the prosecution…
