Monday, April 15, 2013

Supreme Court Denies Review in Second Amendment Case

As reported on SCOTUSblog, the Supreme Court of the United States has denied certiorari in the Second Amendment case Kachalsky v. Cacace.  The case is yet another refusal by the nation's highest court to consider the full reach of the Second Amendment right to keep and bear arms in the context of the Court's 2008 decision in District of Columbia v. Heller.  The Court in Heller, ruled that the District's handgun ban violated the Second Amendment.  However, the Court confined its ruling to the universe of handgun ownership within the home and refused to consider the issue in a broader context.  The Court did however state that the Second Amendment did not provide an unlimited right to keep and bear arms in all circumstances and specifically identified some situation where an individual may not have the right to possess a gun.

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Friday, April 5, 2013

DC Court of Appeals Ruling Could Affect DC DUIs

The District of Columbia Court of Appeals reversed the conviction of Robert C. Young for a violation of Mr. Young's 6th Amendment rights.  The full opinion can be seen here.  

The sixth amendment issue involved the testimony of an FBI examiner who testified that Mr. Young's DNA matched DNA evidence found at the scene of a rape in NE Washington, DC.  Mr. Young argued to the Court that it was reversible error to admit the FBI examiner's testimony without calling the lab technicians "who derived and identified the two DNA profiles and performed the calculations on which the testifying examiner based her conclusions."  To permit the FBI examiner's testimony was a clear violation of the Confrontation Clause.

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Thursday, April 4, 2013

DC Murder Suspect Released From Jail

The Washington Post reports that after a preliminary hearing on April 3, D.C. Superior Court Judge Robert E. Morin released Diana Lalchan into a halfway house and placed her on GPS monitoring after finding she may have acted in self defense.  Lalchan is accused of killing her husband in their SW Washington condo on March 28.  In addition to releasing Lalchan into a halfway house, Judge Morin also reduced the charges from Second Degree Murder to Voluntary Manslaughter.

Read more . . .

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