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April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review June 16, 2009 / 24 Sivan 5769

Worried about Sotomayor? Consider Andre Davis

By Byron York


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http://www.JewishWorldReview.com | We've heard a lot about Supreme Court nominee Sonia Sotomayor lately. But you probably haven't heard of Andre Davis. Yet Davis, as much as Sotomayor, is a telling indicator of the direction in which President Obama seeks to steer the federal judiciary.


Davis, 60, is a judge on the U.S. District Court in Maryland. Originally nominated by Bill Clinton, he has been on the court since 1995. Now, Obama has nominated Davis for elevation to the Fourth Circuit Court of Appeals.


The Senate Judiciary Committee has already approved Davis by a 16-to-3 vote, and his confirmation by the Democratic-controlled Senate seems assured. But before senators confirm Davis, they might want to examine his record of handling dangerous criminals, beginning with the case of Kimbrough v. United States.


The story began in 2005, when Baltimore police got a tip that two men were selling drugs in front of a house. A short time later, officers watched as the men made a deal with people who had pulled up in a car.


The men told police they were visiting a friend who lived in the house. When cops knocked on the door, they met a woman named Yolanda Kimbrough, who lived there with her son Damon and several other relatives. She swore there were no drugs in the house and signed a consent form allowing officers to look around.


At that point, there was some sort of commotion in the basement. The police headed downstairs, where, according to court documents, they found Damon Kimbrough "sitting on a bed, apparently dividing cocaine with a razor blade." They arrested him and put him in cuffs.


Yolanda Kimbrough came downstairs. She seemed shocked, the officers recalled, becoming angry and yelling at her son. "What's this?" she shrieked at him.


The officers began to read Damon his Miranda rights. Yolanda Kimbrough continued yelling at her son. As the cops struggled to finish the Miranda warning, Yolanda Kimbrough asked, "Is there anything (else) down here?" and Damon told his mother there was a gun hidden in the sofa. Sure enough, there was. Firearm charges (the gun was stolen) were added to the drug charges against Kimbrough.


The case went before Judge Davis. Kimbrough argued that his admission about the gun should be excluded from the trial. Including the statement would violate his Fifth Amendment right against self-incrimination, Kimbrough claimed, because he had not been fully given his Miranda rights. Prosecutors reminded the judge that Kimbrough was answering questions posed by his mother, not the police — and there is no constitutional protection against answering questions from your mother.


Judge Davis sided with Kimbrough. The cops knew Yolanda was "upset, was really coming after her son, was angry at him," the judge wrote. The mother was essentially asking the cops' questions for them, Davis argued, "so this was official interrogation."


The case went to the Fourth Circuit Court of Appeals, which unanimously slapped down Judge Davis. "Ms. Kimbrough, not the police, initiated the exchange with (Damon Kimbrough)," the appeals-court judges concluded. Therefore, Kimbrough's answers "were not the result of police interrogation — either by express questioning or its functional equivalent."


Thus ended Andre Davis' effort to extend the Fifth Amendment to questioning by mothers everywhere.


Davis has made other, equally striking mistakes. There was the 2004 case in which a drug dealer used a Mail Boxes Etc. branch to pick up packages of cocaine.


Police confiscated one package and discovered that the man had keys to several other boxes that investigators knew had been used to receive drugs. The cops also had eyewitness testimony linking the man to the boxes. Yet Davis ruled police did not have probable cause to arrest and search the man. The Fourth Circuit unanimously overturned the judge's decision.


Then there was the 2006 case in which Davis virtually begged three violent drug offenders to plead guilty so they could get lighter sentences. It was a near-total abdication of a judge's role as neutral arbiter, which the Fourth Circuit, in unanimously overturning Davis, said "affects the fairness, integrity, and public reputation of judicial proceedings."


In all, Davis' decisions on criminal matters have been overturned 13 times, more often than not because Davis erred by siding with accused criminals.


Now, President Obama has nominated Davis to the same Fourth Circuit that overturned him, where, if confirmed, he will be responsible for correcting the sort of errors that he himself made so often.

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Previously:



06/08/09 Can Mitch Daniels save the GOP?
06/01/09 When the Dems derailed a Latino nominee
05/26/09 Why the GOP will defeat Obama on healthcare
05/19/09 Rosy report can't hide stimulus problems
05/12/09 The Reagan legacy is the man himself
05/05/09 Sen. Specter, meet your new friends
04/27/09 Ted Olson: ‘Torture’ probes will never end
04/20/09 Who's Laughing at the ‘Axis of Evil’ today?
04/14/09 Congress needs Google to track stimulus money
04/06/09 Beyond AIG: A bill to let Big Government set your salary
03/30/09 On Spending and the Deficit, McCain Was Right
03/24/09 It's Obama's crisis now
03/17/09: Geithner-Obama economics: A joke that's not funny



© 2009, NEA

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