Rumor Has It…

Judge Andre Davis might be headed for the Fourth Circuit.  Word on the street is that he is being vetted by the Obama administration.  Judge Davis has been nominated before, but was not confirmed.

Judge Davis’ potential nomination may raise serious concerns by federal prosecutors in the District of Maryland.  While Judge Davis is well-respected by the defense bar for his patience and open-minded approach to legal arguments, Assistant United States Attorneys are often frustrated by his rulings in criminal cases arising out of Baltimore City and have not hesitated to appeal adverse rulings, many involving search and seizure issues, to the Fourth Circuit.  Likewise, the Fourth Circuit has not hesitated to express its own frustration with Judge Davis’ rulings as seen here, here, herehere, and here.   If nominated and confirmed, Judge Davis will be in the enviable position of influencing Fourth Amendment law and telling the prosecutors in the District of Maryland that he was right all along.  That is, of course, absent an appeal to the Supreme Court.

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