May 24, 2013
May 22, 2013
They launched the 'Arab Spring' but now yearn for the good old days of a strongman
May 20, 2013
Richard A. Serrano: Is Meir Kahane's assassin now a changed man?
Genetic copies of living people from embryos no longer science fiction
Jewz in the Newz by Nate Bloom :
The Kosher Gourmet by Cathy Pollak:
Jews Inducted into Rock Hall of Fame; Anton Yelchin co-stars in New "Trek" film; Kutcher (but not Kunis) visits Israel; Jewish TV Star Praises Jewish Rap Star
WARNING: This WALNUT CAKE WITH PRALINE FROSTING, perfect for afternoon coffee, is addicting
May 13, 2013
Rabbi Nathan Lopes Cardozo: Why the giving of the document that would permanently change the world could only be done in desolation
David G. Savage:
Church-state, literally? Supreme Court weighing public school graduation in a church
May 10, 2013
Rabbi Berel Wein: Be all that you should be
May 8, 2013
Peter Ford: Why China is welcoming both Israel's Netanyahu and Palestinians' Abbas
Obama administration quietly backs out of appeal over new contraceptive mandate
At Kerry-Putin meeting, US-Russia relations thaw --- a tad
The Kosher Gourmet by Leela Cyd Ross :
Almost too pretty to eat, this colorful salad with Sicilian inspiration will tickle the taste buds and delight your visual sensibility
May 6, 2013
May 3, 2013
Kids, kittens the Same?
With employee perks at struggling Internet pioneer Yahoo! it's hard to tell
Artificial kidney offers hope to patients tethered to a dialysis machine
April 29, 2013
Poland's new Jewish museum celebrates life, doesn't revisit Holocaust
Terrorism in America: Is US missing a chance to learn from failed plots?
Boston Bomber's 'Svengali' Revealed
Tiny satellites + cellphones = cheaper 'eyes in the sky' for NASA
April 26, 2013
Clifford D. May:
Defense in the Age of Jihadist Terrorism
Sharon Palmer, R.D.:
How to feel your best -- with plenty of energy, a healthy weight and optimal mental and physical function -- without driving yourself batty
April 24, 2013
Jewish World Review
June 16, 2009
/ 24 Sivan 5769
Worried about Sotomayor? Consider Andre Davis
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.
Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
Comment on Byron York's column by clicking here.
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
Richard Z. Chesnoff
Frank J. Gaffney
Victor Davis Hanson
A. Barton Hinkle
Judge A. Napolitano
Cokie & Steve Roberts
Debra J. Saunders
J. D. Crowe
Ask Doctor K