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Maryland Moving at a Misguided PACE
FEATURED
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…
The Foreclosure Crisis: Don’t Believe Everything You Read
October 22, 2010
The Foreclosure Crisis: Don’t Believe Everything You Read
By: Ifrah Law
Legal pressure is mounting against the firms involved in the nationwide foreclosure crisis. In the wake of reports that possibly fraudulent court documents were used to fast-track home foreclosures, a federal Financial Fraud Enforcement Task Force is investigating possible criminal violations committed by banks and mortgage companies. We need to ask: What laws are available to prosecutors? After all, people can do plenty of things…
FTC Getting Serious About Full Disclosure in Endorsements
October 20, 2010
FTC Getting Serious About Full Disclosure in Endorsements
By: Ifrah Law
The Federal Trade Commission is taking steps to show that it is quite serious about enforcing the so-called blogger disclosure rules that it issued last year. The rules say, essentially, that when someone endorses or reviews a product or service, the person must disclose any relationship with the company that produces the product. So if a blogger gets a free item from a manufacturer, the…
A New Turn for Washington State’s Online Poker Law
October 15, 2010
A New Turn for Washington State’s Online Poker Law
By: Ifrah Law
After the unanimous rejection by the Washington State Supreme Court of a lawsuit that attempted to overturn the state’s draconian ban on online poker, proponents of the game now say that they’re going to go to the state legislature and try to get the law repealed, rather than pursue the challenge in the U.S. Supreme Court. On Sept. 23, 2010, the state court rejected the…
Banned From the Internet: A Term of Probation That Is Overly Restrictive
October 11, 2010
Banned From the Internet: A Term of Probation That Is Overly Restrictive
By: Ifrah Law
The following opinion article by Ifrah PLLC founding partner A. Jeff Ifrah and associate Steven Eichorn appeared in the National Law Journal on October 11, 2010. Banned from the Internet Prohibiting a defendant on probation from conducting any business online is overly restrictive and not reasonably related to legitimate sentencing goals. By A. Jeff Ifrah and Steven Eichorn The Internet is becoming the town square for…
Too Little, Too Late for Defense Argument?
September 28, 2010
Too Little, Too Late for Defense Argument?
By: Ifrah Law
The U.S. Court of Appeals for the 1st Circuit is considering whether the government’s belated disclosure of potentially exculpatory evidence deprived criminal defendant Amit Mathur of a fair trial. The fact that Mathur’s counsel received some of the evidence after the government’s case in chief and declined to use it in Mathur’s defense makes it unlikely that Mathur will obtain the new trial he seeks….
