What is That Smell?

By Evidence ProfBlogger Share In 2014, the Maryland General Assembly decriminalized possession of less than 10 grams of marijuana. So, in Maryland, should the smell of marijuana alone provide reasonable suspicion to conduct an investigatory stop? That was the question of first impression addressed by the Court of Special Appeals of Maryland in its opinion today in In … Continue reading

Prosecutor’s Use of Bloody, Vomit-Stained Mannequin Proper in Sentencing Phase of Murder Trial

By Evidence ProfBlogger  Assume that a defendant is convicted of the first degree murder based upon fatally shooting a deputy sheriff. Would it be prosecutorial misconduct for the prosecutor during the sentencing phase of trial to use of life-sized mannequin of the deputy sheriff to demonstrate his injuries? That was the question addressed by the Supreme … Continue reading

Ineffective Assistance in Plea Negations

There is an interesting cert petition before the Supreme Court as noted by the SCOTUS blog: Anaya v. Lumpkin involves burdens of proof for defendants claiming that they rejected a plea deal based on incorrect advice of counsel. David Anaya was indicted in Texas on charges of murder and aggravated assault with a deadly weapon, for … Continue reading

Judicial Collegiality

Join Berkeley Judicial Institute on May 14 at 9:00 A.M. PT for a discussion of best practices that promote judicial collegiality. FREE REGISTRATIONU.S. Sixth Circuit Court of Appeals Judge Bernice Donald and MN district court Judge Kevin Burke (retired) will facilitate the conversation. Just participating is a step toward greater collegiality!Have ideas for other academics Berkeley Judicial Institute should invite to discuss their work?  Let … Continue reading

Time To Fix Immigration Courts

Several years ago the American Judges Association passed a resolution calling for reform of how immigration judges are treated. The work they do is important. They are for many people the first face of the American justice system. And yet they are not given the independence they deserve and many times have crushing caseloads. Time … Continue reading

The Importance Of Diversity

Brennan Center Updates State Supreme Court Diversity Report with Demographic and Professional Data On April 20, the Brennan Center released its second update to its report, State Supreme Court Diversity, with new demographic information about state supreme court justices, and for the first time, information about justices’ professional backgrounds.   There are now 22 states in which there … Continue reading

Judicial Collegiality

Join Berkeley Judicial Institute on May 14 at 9:00 A.M. PT for a discussion of best practices that promote judicial collegiality. FREE REGISTRATIONU.S. Sixth Circuit Court of Appeals Judge Bernice Donald and MN district court Judge Kevin Burke (retired) will facilitate the conversation. Just participating is a step toward greater collegiality!Have ideas for other academics Berkeley Judicial Institute should invite to discuss their work?  Let … Continue reading

The Police Towed The Suspects Car! Can They?

There is no data on how often the police tow a suspect’s car but every trial court judge knows it happens frequently. But the police do not have unbriddled  authority to two as this very recent case illustrates From Fourth Amendment.com Defendant’s car on his arrest would have been left on a motel parking lot, and the government … Continue reading

Judicial Collegiality

Join Berkeley Judicial Institute for a discussion of best practices that promote judicial collegiality. U.S. Sixth Circuit Court of Appeals Judge Bernice Donald and MN district court Judge Kevin Burke (retired) will facilitate the conversation. Just participating is a step toward greater collegiality! Resources: Hon. Kevin S. Burke, It is All About the People who Work in the Courthouse  Hon. … Continue reading