Category Archives: Criminal Law

FEDS, CRIMES, CONGRESS & HIGHEST POSSIBLE PENALTY POLICY.

FEDS, CRIMES, CONGRESS & HIGHEST POSSIBLE PENALTY POLICY. Posted by Edmund R. Folsom, Esq., May 18, 2017. Rand Paul is reintroducing legislation in the U.S. Congress, to give federal judges increased “safety valve” discretion to sentence

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BAR PASSAGE CRATERS – TOO MANY LAW SCHOOLS.

BAR PASSAGE CRATERS – TOO MANY LAW SCHOOLS. Edmund R. Folsom, Esq., April 16, 2017. It’s no secret that there are too many law schools and not enough lawyer jobs for their graduates. More than 50 new law schools have been accredited by

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OUI URINE TESTS & THE SEARCH WARRANT REQUIREMENT.

OUI URINE TESTS & THE SEARCH WARRANT REQUIREMENT. Posted by Edmund R. Folsom, Esq., March 29, 2017 This is part of my continuing efforts to explore implications of the U.S. Supreme Court’s decision in Birchfield v. North Dakota, 579 U.S. __,

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STATE V. BOYD- NO MAINE IMPLIED CONSENT TO BLOOD DRAWS.

STATE V. BOYD- NO MAINE IMPLIED CONSENT TO BLOOD DRAWS. Posted by Edmund R. Folsom, Esq., March 9, 2017 Recently, in State v. Boyd, 2017 ME 36, the Law Court flatly rejected the idea that Maine’s “implied consent” law can form grounds for a

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HOW TO GET SHOT BY A POLICE OFFICER.

HOW TO GET SHOT BY A POLICE OFFICER. Posted by Edmund R. Folsom, Esq., February 22, 2017 This past Saturday, February 18, 2017, Portland Police Sgt. Nicholas Goodman shot 22-year-old Chance David Baker at Union Station Plaza, in Portland. The

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OH NO, NOT ANOTHER “OFFICE OF THE PUBLIC DEFENDER” PROPOSAL!

OH NO, NOT ANOTHER “OFFICE OF THE PUBLIC DEFENDER” PROPOSAL! Posted by Edmund R. Folsom, Esq., February 13, 2017 Once again, there is a proposal before the Maine Legislature to establish an “Office of the Public Defender.”  As

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INCARCERATION ISN’T CUSTODY, DON’T FORGET VOLUNTARINESS.

INCARCERATION ISN’T CUSTODY, DON’T FORGET VOLUNTARINESS. Posted by Edmund R. Folsom, Esq., February 10, 2017 Just because a person is in jail does not necessarily mean the person is in “custody” for Miranda purposes.  The Supreme

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FEDERAL FIREARMS BAN FOR MARIJUANA USERS.

FEDERAL FIREARMS BAN FOR MARIJUANA USERS. Posted by Edmund R. Folsom, Esq. February 8, 2017 Recreational marijuana use became legal in Maine on January 30, 2017.  Marijuana use for medical purposes has been legal in Maine for some time now.  But

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MAINE’S INCOHERENT DRUG POLICY WONDERLAND.

MAINE’S INCOHERENT DRUG POLICY WONDERLAND. Posted by:  Edmund R. Folsom, Esq. January 27, 2017 Tracing Maine drug law policy is a trip through Wonderland.  Let’s take a walk through the Wonderland of changes to the illegal drug

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OFFERS OF PROOF- EXPERT TESTIMONY

OFFERS OF PROOF- EXPERT TESTIMONY Posted by:  Edmund R. Folsom, Esq. January 20, 2017 State v. Rourke, 2017 ME 10 (decided January 17, 2017), demonstrates the importance of thoroughness in presenting offers of proof.  Rourke was charged with OUI

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