Blog Posts in December, 2012

  • Can Siri Waive Spousal Privilege?

    Earlier this month, on December 13 th , the 4 th Circuit Court of Appeals upheld the conviction of former Virginia House of Delegates member Phillip A. Hamilton on charges of federal program bribery and extortion under color of official right. In trying the case, federal prosecutors presented evidence derived from e-mails between Hamilton and his wife. On appeal , Hamilton, and Electronic Privacy ...
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  • Don’t tug on Superman’s Cape

    As someone who makes a very good living routinely taking on the government in defense of citizens accused of crimes and wrong-doing, I’m the last to believe the government should not be held accountable for its acts, omissions, indiscretions and abuse[s] of power. When the government messes up or over-steps, my job is to exploit and extrapolate this to my clients’ decided advantage and benefit. ...
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  • License, Registration and Cell Phone?

    Just in Time for Ski Season – SJC’s Latest Slippery Slope… Last week, in a matter of first impression in the Commonwealth of Massachusetts, the Supreme Judicial Court (SJC) issued rulings in two cases, Commonwealth v. Berry , No. SJC-11056 and Commonwealth v. Phifer , No. SJC-11242, pertaining to the permissibility of police viewing certain contents of a lawfully arrested person’s cell phone. In ...
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  • Is the Clock Really Ticking on Child Sexual Assault?

    With all of the sexual assaults on children that are in the news (especially Jerry Sandusky and former Syracuse Coach Bernie Fine), many observers are calling for an outright abolition of a Statute of Limitations (SOL) for sex crimes including child rape. The statutes of limitations are very important, especially in view of these two cases where the allegations themselves appear to go back several ...
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