Some thoughts on Case Citations in Judge Welch’s opinion

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canada goose clearance Judge Welch cited some interesting case law in his opinion. But not all of the case law cited is equally weighted in terms of how binding it was on Judge Welch. Supreme Court (regarding federal law); and higher courts in Maryland above him, the Court of Appeals of Maryland, for example, (regarding state law). canada goose clearance

Canada Goose online I not going to go into all of the Canada Goose sale case citations, but there are two interesting ones of note in the part of the opinion which is the basis for the new trial. Generally, Judge Welch seemed to like to try to find cases similar to the facts before him to see what other courts did (regardless of whether that court was binding on him). This makes sense obviously, as similar cases generally should result in similar outcomes. Canada Goose online

canada goose uk shop In the IAC cell phone section, Judge Welch cites two main opinions: canada goose uk shop

cheap canada goose uk Discoll v. This case resulted in IAC because blood evidence submitted at trial should have been challenged by the defense based on reports that called into question the accuracy of the evidence, said reports being in the defense case file. Judge Welch said Driscoll is similar to Adnan case because they both involved serious murder canada goose deals charges (higher stakes of the case requires more diligence, it seems); the unchallenged material was the crux of the State case; and there was a basis readily available to the defense to challenge a weakness in the crux of the State case. cheap canada goose uk

canada goose clearance sale One thing to note in Driscoll is Welch says the bloods reports in the defense file “conclusively disproved the State argument.” If Welch is reversed on IAC, I would speculate it is because the reviewing court says the disclaimer on the fax cover sheet does not “conclusively” disprove the Canada Goose Jackets reliability Canada Goose Parka of the incoming calls. The defense may have needed an expert say so regarding the disclaimer, rather than AW throwing up his hands at what the disclaimer means. canada goose clearance sale

canada goose black friday sale Maryland v. Supreme Court). This is binding on Judge Welch and the higher Maryland Courts. In this case, it seems like it was a quick way for the Court to slap the hand of the Court of Appeals of Maryland for too easily finding IAC. Thus, it was absolutely vital for Judge Welch to have distinguished Kublicki in order to find IAC, as the Court of Appeals of Maryland could possibly be gunshy on IAC after the Supreme Court rebuke in Kublicki. canada goose black friday sale

uk canada goose outlet Kublicki involved a claim of IAC because the defense should have found a methodological flaw in the State crucial ballistic evidence, such flaw having been published in a study years before trial. The Supreme Court said there was no IAC because the ballistic evidence was generally considered uncontroversial, and there was no reason to suspect there was a report challenging the evidence, not to mention finding the report would be akin to finding a needle in a Canada Goose online haystack in the card catalogue era. uk canada goose outlet

Canada Goose Outlet Judge Welch distinguishes Kublicki because the disclaimer was not in a published paper somewhere out there; it was in the defense file and could have been uncovered with careful doc review. I think Welch distinction is helped because the plain meaning of the disclaimer appears to cast doubt on the reliability of the incoming calls; you don need a telecom expert to decode it to think it might be important, as Susan Simpson showed. This is true even if the disclaimer is later explained as not being applicable to the specific incoming calls at issue. Canada Goose Outlet

canada goose I think Welch was correct in saying Adnan case is more similar canada goose store to Driscoll than Kublicki. But in certain criminal matters, it is practically as in “for all intents and purposes” binding, because in certain criminal matters, Maryland state court decisions can collaterally reviewed through habeas proceedings. canada goose

Also, state courts are extremely reluctant to create intracircuit splits. But it also true that there ample binding precedent that supports most of the component parts of the ruling.

canada goose coats on sale So I don think it really accurate to canada goose black friday sale say that he only cites two opinions in the IAC cell phone section. In fact, it not accurate. He cites to Davis (and Wyche, and a bunch of others) for the proposition that IAC is a fundamental right in the context of waiver; to McElroy (and others) for the criteria whereby knowing and intelligent waiver of IAC is evaluated; to Bowers (and others) for the proposition that failure to adequately cross examine is IAC. canada goose coats on sale

buy canada goose jacket cheap And Bowers does involve counsel failure to challenge expert cheap Canada Goose forensic testimony, though not in a way that as closely parallel to Canada Goose Outlet Adnan case as Driscoll is. (Bowers is also cited canada goose outlet by In re: Parris W., with which Judge Welch begins his Strickland analysis, fwiw.) buy canada goose jacket cheap

Canada Goose Online Moreover, Driscoll and Bowers are far from the only cases in which IAC was found for failure to challenge forensic evidence that was key to the prosecution case when the resources to canada goose clearance sale do so were available. Although they non binding, this was also canada goose coats the case in Richey v. Bradshaw 498 F.3d 344 (6th Cir. 2007); Draughon v. Dretke, 427 F.3d 286 (5th Cir. 2005); Byrd v. Trombley, 580 F. Supp. Mich. 2008); Fisher v. State, 206 P.3d 607 (Okla. Crim. App. 2009)1; and a number of others Canada Goose Online.

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