I have written before how in criminal drug prosecutions, the government analyst should be cross-examined and their case file and other information should be requested to prepare a defense case. A colleague sent me a great example of this effort paying off.
D-L Color Test of Three Suspected Marijuana Samples
A chemist at the DEA Mid-Atlantic Laboratory wrote in a report that three samples suspected to be marijuana turned purple in a Duquenois-Levine color test. The problem is that the picture of the test (not included in the report but in the analyst’s case-file) showed only one sample that might conceivably indicate the sample was marijuana (and even that one is weak). Continue reading
Posted in Criminal Law
Tagged DC, District of Columbia, Drug Cases, Evidence, Jury Trials, Maryland, Misdemeanors, Pre-trial, Scientific Evidence, Trial, Trials, Washington
Recently, in browsing a well-known local lawyer’s website, I found the following “News” article on their blog:
Attorney X convinced a [local] prosecutor to dismiss Armed Robbery charges, all felonies, and all gun charges, despite the defendant being caught nearly red-handed with a shotgun in his fleeing vehicle.
The defendant plead to Second Degree Assault, a misdemeanor, giving him a strong chance to avoid certain deportation that he would have faced with any felony or gun charge. He will be eligible for parole in one month.
While there may be some ethical concern over publicizing past successes without adequately informing potential clients that there is no guarantee of such success in any particular case, that is not my main concern. The biggest problem with this self-serving news article is that it may harm the client in the future. Continue reading
Posted in Criminal Law, Immigration
Tagged Crime Involving Moral Turpitude, Criminal Immigration, DC, District of Columbia, Felonies, Immigration, Immigration Court, Maryland, Removal Defence, Washington
I have an upcoming merits hearing in the Baltimore Immigration Court for a Jehovah’s Witness seeking asylum from Eritrea. I plan to present an opening argument if the judge allows (not all do). For those unfamiliar with Immigration Court, these are bench trials in the nature of evidentiary hearings before an administrative judge. These hearings are usually just a few hours long, and there is a DHS ICE lawyer who will require the asylum-seeker to meet his or her burden of proof of eligibility. I am posting my draft opening argument because it illustrates many of the reasons I am so proud to participate in the asylum process. Asylum is truly an example of America’s greatness. It will be something like the following:
Posted in Immigration
Tagged Asylum, Baltimore, DC, EOIR, Eritrea, Immigration, Immigration Court, Jehovah's Witnesses, Maryland, Religious Persecution, Washington