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16 Jan 8:42 am
Criminal procedure — Illegal sentence — Restitution Janet Cabezas, appellant, pled guilty in the Circuit Court for Charles County to second-degree murder and was sentenced to 30 years of imprisonment, all but five years suspended, to be followed by five years of supervised probation upon her release from prison. The issue of restitution was deferred ... [read post]
16 Jan 8:42 am
Attorney Page Pate consults with McClatchyDC journalist Greg Gordon on the types of criminal conspiracy and computer fraud charges which members of Trump’s presidential campaign may face if key pieces… read more → The post Did Trump Campaign violate computer hacking laws? appeared first on Pate & Johnson Law Firm. [read post]
16 Jan 8:39 am
Criminal procedure — Illegal sentence — Failure to poll jury Preston Lewis Whaley, Jr., appellant, was convicted on December 11, 2007, in the Circuit Court for Worcester County, of first degree rape and related charges. This appeal is a collateral attack on his conviction and is an appeal from the circuit court’s denial of his ... [read post]
16 Jan 8:37 am
Guardianship — Appointment of guardian — Availability of less restrictive form of intervention On October 1, 2015, the Circuit Court for Baltimore City held a hearing to consider appointing a guardian for Lana Taylor (“Ms. Taylor”). The trial court determined that Ms. Taylor required a guardian for her person and property, but declined to appoint ... [read post]
16 Jan 8:36 am
DJ wanted to give shorter sentence.DJ could have given shorter sentence.Ninth agrees.Yet half-century sentence stands?United States v. Joel Thomas, 2016 U.S. App. LEXIS 22625 (9thCir. Dec. 20, 2017), decision available here. Players: Decision by Judge Schroeder, joined by Judge Wallace. Dissent in part by Judge Kozinski.Twenty-four years old when sentenced, Thomas will be 73 when released.Facts: Thomas was a bank teller. Id. at *3. Using insider information, he worked with a crew that robbed a string of banks. Id. at *4.   Convicted after trial, Thomas was hit with stacked… [read post]
16 Jan 8:35 am
In the 1980s Soviet disinformation operations were running around the globe.  They were not fueled (as they are today) by botnets and troll factories, but they were nonetheless effective.  I was reminded, recently, of the US response -- the creation of an Active Measures Working Group to counteract Soviet disinformation.  It operated by exposing operations and educating/sensitizing allies and citizens to the ongoing operations.  Back in 2012, the National Defense University published a fascinating case study of the operations of the AMWG, entitled "Deception,… [read post]
16 Jan 8:34 am
Here is the proposed rule: {(9) An applicant is not required to associate with local counsel pursuant to subsection (1)(c) of this section or pay the fee established by subsection (6) of this section if the applicant establishes to the satisfaction of the Bar that: (a) The applicant seeks to appear in an Oregon court for the limited purpose of participating in a child custody proceeding as defined by 25 U.S.C. §1903, pursuant to the Indian Child Welfare Act of 1978, 25 U.S.C. §1901 et seq.; (b) The applicant represents an Indian tribe, parent, or Indian custodian, as defined… [read post]
16 Jan 8:33 am
Torts — Lead-paint exposure — Sufficiency of circumstantial evidence Following a hearing, the Circuit Court for Baltimore City granted a motion for summary judgment filed by, among others, David M. Harris and Four Partners #1, LLC, (collectively, “the appellees”), in litigation stemming from appellant Maurice Hawkins’s alleged exposure to lead-based paint at 2332 Etting Street, ... [read post]
16 Jan 8:31 am
“Injustice anywhere is a threat to justice everywhere.” – Dr. Martin Luther King, Jr. In honor of MLK Day, the Georgetown Law Library would like to highlight a new research guide available to the public. A Brief History of Civil Rights in the United States covers various movements from the civil rights movement of the 1960s, to the suffragettes of the early 1990s, immigrants in internment camps, the riots at the Stonewall Inn, to the fight for equal education for children with disabilities, among others. The guide offers available library resources for each topic,… [read post]
16 Jan 8:29 am
Torts — Motor torts — Motion to enforce settlement agreement This appeal arises from the Circuit Court for Anne Arundel County’s grant of Marjorie Lassiter’s Motion to Enforce Settlement Agreement against Julie Ward. The underlying case arose from an automobile accident in June 2010. Ms. Ward’s attorney initiated settlement negotiations during the days leading up ... [read post]
16 Jan 8:27 am
When you are considering retirement, there are many risk factors that come to mind.  At this point, everyone is all too familiar with stock market risk. But what are the other risks? The following three risks could potentially ruin your retirement: unexpected health-care needs, possibility of portfolio failure, and unexpected family events. Unexpected health-care needs and costs – Are you planning ahead for unexpected health care costs? Due to inflation, and rising health care costs, insurance coverage could be one of the largest expenses in your retirement. Americans are… [read post]
16 Jan 8:26 am
Estates and trusts — Interested persons’ notice of appeal — Need to produce entire record on appeal On March 11, 2014, the Orphans’ Court for Prince George’s County granted petitions for litigation costs for appellee and Successor Personal Representative Timothy O’Brien (“O’Brien”). Appellants (or “Ruddy” as we will explain below), the Interested Persons to the ... [read post]
16 Jan 8:26 am
A few years ago, I wrote an essay Sex v. Race, Again later included in the book Who Should Be First? Feminists Speak Out on the 2008 Presidential Campaign. The book was about the perceived battle between race and sex...<img src="http://feeds.feedburner.com/~r/GenderAndTheLawBlog/~4/42BQOCS5CjQ" height="1" width="1" alt=""/> [read post]
16 Jan 8:22 am
The Senate Committee on Legislative Procedure is considering a new rule to ban lobbyists from the chamber and adjacent hallways during working hours. The committee is expected to reconvene tomorrow for a vote on the proposal. If adopted, Senate President Pro Tempore, Brock Greenfield, would have the authority to implement the new measure.   [read post]
16 Jan 8:21 am
News Article: Inara Verzemnieks, “Life in Obamacare’s Dead Zone,” N.Y. Times, Dec. 6, 2016. [read post]
16 Jan 8:20 am
Criminal procedure — Ineffective assistance of counsel — Failure to object to detective’s expert testimony After Sahar Begum Ali’s psychologist terminated their therapeutic relationship, Ms. Ali repeatedly threatened and harassed her, sending her numerous text messages, hacking into her private email account, and copying a privileged communication between her and her attorney. The State charged ... [read post]
16 Jan 8:20 am
This new article at The Fix highlights an interesting legal issue that has arisen in the wake of Prez Obama's decision to commute a drug offenders life sentence. Here are the particulars (with a few edits for keeping the legal... [read post]
16 Jan 8:18 am
Morris & Ritchie Associates Inc., a land planning, engineering, and architectural firm, has announced the promotion of Amy G. DiPietro, P.E., LEED AP to principal of the firm. With 16 years of experience, DiPietro leads site planning, site engineering, and feasibility/due diligence studies for office, commercial, industrial/distribution, residential (single and multi-family), and state improvement projects. ... [read post]
16 Jan 8:15 am
The Colorado Independent Ethics Commission recently issued a position statement notifying home-rule municipalities of its intent to consider ethics complaints against local officials and employees if their local ethics codes are less restrictive than state law. Constitutional Amendment 41, passed by voters in 2006, sets a $59 (adjusted for inflation) gift limit for public officers, legislators, local government officials and government employees as well as for their spouses and dependent children. More than 70 municipalities, however, are designated as home-rule and, therefore, can… [read post]
16 Jan 8:14 am
The Supreme Court is currently considering whether it will hear on the merits a writ petition challenging Prop. 66, the initiative passed in November to speed up California’s death penalty system.  But it’s not the entire court that’s considering the petition — Chief Justice Tani Cantil-Sakauye and Justice Ming Chin are recused. So, who will take the Chief Justice’s and Justice Chin’s places?  At this preliminary stage, when the court is just deciding whether it will decide the writ petition’s merits, probably nobody.  According… [read post]