Go “D”!

We bring you two nice defense victories this week:

The first win is US v. Burke, a case in which Judge Roger Titus sitting in the District of Maryland granted the Defendant’s motion to suppress statements and evidence flowing from an illegal traffic stop.  The issue was whether a traffic stop that served as the pretext for an investigation of unrelated criminal activity was reasonable.  It is rare for the defense to prevail in such matters, but it is also rare for the government’s witness to testify that the basis for the stop was “there must have been a [traffic] violation because I pulled him over.”  Is that like saying “he must have been innocent because we dismissed the charges”?

The second case, outside of our geography but won by fellow blogger and law school friend David Markus, is US v. Shaygan.  The Shaygan case involved a South Florida doctor who was accused of distributing illegal prescription drugs.  You know you’ve tried a good case when jurors want to hug your client before leaving the courtroom.

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