“The Defense Never Rests.”

Month: September 2017

COA Clarifies Maryland’s Hybrid Legal Standard

Rochkind:  The COA Clarifies Maryland’s Hybrid Daubert/Frye Legal Framework Governing Admissibility Of Expert Testimony. In Rochkind v. Stevenson, 454 Md. 277 (2017) the COA took a close look at the third prong of Rule 5-702, which requires that an expert’s opinion be...

Challenging A Positive Drug Test In A VOP Hearing

Part 1 – The Certification of an Analyst Do you face an upcoming violation of probation hearing or a drug court sanction hearing for testing positive? The common tactic is to demand the presence of the analyst and persons in the chain of custody and hope someone...

Bath Salt Users—Analogous Drug Act Alert

Drug Test Alert.  Contact RaquinMercer if you are charged with knowingly possessing, distributing, or PWID, of an “analogue” CDS alleged to be “substantially similar” in chemical structure and effect to a scheduled CDS.  The Supreme Court in McFadden v. United States...