Maryland Federal Defense In United States v. Sowards (No. 10-4133), the defendant was stopped for speeding after a police officer visually estimated that the defendant’s vehicle was traveling 75 mph in a 70-mph zone. The officer’s assessment was uncorroborated by other evidence, such as radar equipment or pacing methods. During the traffic stop, a K-9…
An interesting issue recently arose in a 2255 hearing in Federal Court. The Petitioner wished to use a “Strickland expert” — that is, another lawyer who would testify as an expert in a particular area of criminal defense. Presumably, this expert would testify that trial counsel — the subject of the 2255 — was ineffective…
The importance of having legal representation in court cannot be overstated. Today, associate attorney Melissa Kujda was awarded a default judgment against a landlord who tried to sue one of our clients. Every aspect of the landlord’s complaint was frivolous – the landlord was seeking rent that our client already paid, and the total amount…
In a published opinion, the Fourth Circuit found that the lower court was wrong when it counted the defendant’s prior conviction for second degree assault as a “crime of violence.” For some time, Maryland’s second degree assault statute has caused confusion in federal court. The Government inevitably argues that second degree assault must be a…
The Fourth Circuit has long been among the most conservative, pro-Government, anti-defendant circuits in the country. That may be slowly changing, however, with the appointment of progressive judges like Andre Davis. In a recent opinion, in US v. Massenburg, Judge Davis wrote for a panel that reversed a trial court’s denial of a suppression motion….
After winning a state court post-conviction, and obtaining a new sentencing, a white collar client of the Law Office of C. Justin Brown was granted additional relief by a Circuit Court judge this week. The Circuit Court Judge reduced the client’s sentence to a new term that should allow the client to get home by…
The Court of Appeals has just made an important Post-Conviction ruling, in Savoy v. State. The Court granted a new trial on the grounds that the trial court judge had given an erroneous “reasonable doubt” jury instruction. Despite some procedural idiosyncracies, the case is a reminder of just how potent the reasonable doubt issue can be…
It has been more than five years since the Supreme Court, in United States v. Booker, held that the Federal Sentencing Guidelines are merely advisory. Judges have been gradually taking that to heart. In the recent sentencing of one of my clients in Baltimore, a Federal Judge ruled that, despite the clear language of the…
A recent Supreme Court opinion, Fowler v. United States, issues of a firm rebuke of the Fourth Circuit’s position on the Federal Witness Tampering statute, 18 U.S.C. § 1512(a)(1)(C). The Fourth Circuit had been allowing the Government to successfully charge federal witness tampering even in cases in which there was no apparent connection to a “federal…
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