FLORIDA v. JOELIS JARDINES, 569 U.S. ___ (March 26, 2013): ANALYSIS BY CHARLES WARE

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In the Supreme Court of the United States (SCOTUS), No. 11-564, Florida, Petitioner v. Joelis Jardines, On Writ of Certiorari to the Supreme Court of Florida, March 26, 2013:
 
Question:  whether using a drug-sniffing dog on a homeowner’s porch to investigate the contents of the home is a “search” within the meaning of the Fourth Amendment.
 
Court's Decision:  The government's use of trained police dogs to investigate the home and its immediate surroundings is a "search" within the meaning of the Fourth Amendment.  
 

SYNOPSIS

 

Florida v. Jardines, 569 U.S. ___ (2013), is a decision by the United States Supreme Court holding that the use by police of a trained detection dog to sniff for narcotics on the front porch of a private home is a "search" within the meaning of the Fourth Amendment to the United States Constitution, requiring probable cause and a search warrant.

 

The Court's opinion in this 5-4 decision was delivered by Justice Antonin Scalia, and joined by four justices, while four other justices dissented. Justice Kagan, joined by Justice Sotomayor and Justice Ginsburg, filed a concurring opinion.
 
27 U.S. states and the Federal government, among others, had supported Florida's argument that this use of a police dog was an acceptable form of minimally invasive warrantless search.
 

Background

 

On November 3, 2006, an anonymous, unverified tip was given to the Miami-Dade Police Department through its "crime stoppers" tip-line, indicating that the residence of Joelis Jardines was being used as a marijuana grow house.
 
About a month later, on December 6, 2006, two detectives and a drug-detection dog approached the residence, while other officers of the Miami-Dade Police Department established perimeter positions around the residence, with agents of the Drug Enforcement Administration (DEA) in stand-by positions as backup units.
 
As summarized by the written opinion of the District Court of Appeals:

"... the detective went to the home at 7 a.m. He watched the home for fifteen minutes. There were no vehicles in the driveway, the blinds were closed, and there was no observable activity."

 

After fifteen minutes, the dog handler arrived with the drug-detection dog, "Franky". The handler placed the dog on a leash and accompanied the dog up to the front door of the home. Franky alerted to the scent of contraband.

The handler told the detective that the dog had a positive alert for the odor of narcotics. The detective went up to the front door for the first time, and smelled marijuana. ... The detective prepared an affidavit and applied for a search warrant, which was issued. A search was conducted, which confirmed that marijuana was being grown inside the home. The defendant was arrested.

—Florida 3rd District Court of Appeal, State of Florida v. Jardines, 9 So.3d 1, 36–37 (Fla. 3d DCA 2008).

While the Miami-Dade narcotics detective was away from the scene in order to secure the search warrant, Federal DEA agents remained behind to maintain surveillance of Jardines' home. The search warrant was secured about an hour later, and was executed by officers from both agencies. The defendant was apprehended by a DEA agent as he attempted to flee through the rear door of the residence. [Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]] 

SLAVERY CONTINUES IN THE MODERN WORLD: Some Facts.

www.CharlesJeromeWare.com

Slavery continues to exist in the modern world.  For instance:

More than 100 different products were included on the U.S. Department of Labor’s 2009 List of Goods Produced by Child Labor or Forced Labor (PDF), including coffee and tea, cotton, gold and diamonds, fireworks, clothing and shoes, various foodstuffs, soap, soccer balls, surgical instruments, pornography—even Christmas decorations.

Some 20.9 million people around the world are victims of sex trafficking and other types of forced labor, according to the Estimate of Forced Labour report (PDF) released in 2012 by the International Labour Organization (ILO), an agency of the United Nations. The comparable number in the ILO’s 2005 report was 12.3 million. (Other estimates put the number of forced labor victims as high as 27 million.)

In effect, the ILO’s estimate means that about three out of every 1,000 people inhabiting the planet are victims of modern slavery.

The ILO report estimates 18.7 million of the world’s forced-labor victims are exploited in the private economy. Some 55 percent of those people are women and girls, including 98 percent of the victims of sexual exploitation and 40 percent of those enslaved by other forms of forced labor in the private economy.

Some 4.5 million people, or 22 percent of all enslaved workers, are victims of forced sexual exploitation, according to the ILO report. Another 14.2 million, or 68 percent, are victims of forced-labor exploitation in such economic activities as agriculture, construction, domestic work and manufacturing. The remaining 2.2 million, or 10 percent, are victims of state-imposed forms of forced labor.

No region of the world is free from slavery.

The ILO report estimates that there are some 11.7 million victims of sexual exploitation, labor exploitation or state-imposed forced labor in China, India and the rest of Asia (excluding Japan). There are another 3.7 million in Africa; 600,000 in the Mideast; 1.8 million in Central and South America; 1.6 million in Eastern Europe and the former Soviet Union; and 1.5 million in the United States, Canada, Australia, Japan, New Zealand and Western Europe.

[www.abajournal.com/magazine/"Slavery Continues to Haunt the Modern World"; U.S. Trafficking Victims Protection Act (200); Trafficking in Person Report (U.S. State Dept., 2012); ABA Task Force on Human Trafficking (2012); "Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children", United Nations (2005)]

CHARLES WARE'S "SCOTUS" UPDATE: SUPREME COURT RULES AGAINST "FRANKY" THE DOG

www.CharlesJeromeWare.com ("We fight.  You win.")

On March 26, 2013, the Supreme Court of the United States (SCOTUS) ruled that Florida police violated a homeowner's 4th and 14th Amendment rights under the U.S. Constitution when they used "Franky", a trained drug-sniffing dog, to sniff for narcotics on the front porch of a private home.

This use of the dog was a "search" within the meaning of the 4th Amendment said the Court, thus requiring "probable cause" and a search warrant.  Therefore, "Franky" loses.

The Court's opinion in this 5-4 decision was delivered by Justice Antonin Scalia, and joined by four justices, while four other justices dissented. Justice Kagan, joined by Justice Sotomayor and Justice Ginsburg, filed a concurring opinion. 27 U.S. states and the Federal government, among others, had supported Florida's argument that this use of a police dog was an acceptable form of minimally invasive warrantless search.

[www.abajournal.com/news/article/ "Drug Dog Sniff Outside Home Is Search..."; www.scotusblog.com/2013/03/26/ "Opinion Issued in Florida v. Jardines"; Florida v. Jardines, Docket # 11-564, U.S. Supreme Ct., March 26, 2013; www.nytimes.com/03-26-2013/US/ "Justices, Citing Ban On Unreasonable Searches, Limit Use Of Drug-Sniffing Dogs"]

Charles Ware's "SCOTUS" UPDATE: The Supreme Court and Gay Marriage

www.CharlesJeromeWare.com: An "Original" Super Lawyer! (2004)

Marriage arguments March 26-27 in the U.S. Supreme Court (SCOTUS):

The Supreme Court on Monday released the schedule of oral arguments for the sitting that begins March 18, showing that the two cases on same-sex marriage will be heard — one on each day — on Tuesday, March 26, and Wednesday, March 27. The case on California’s “Proposition 8″ will come first, followed by the case on the constitutionality of the federal Defense of Marriage Act; each case is scheduled for one hour of argument, although the fact that each is to be heard alone will allow the argument time to be expanded, and that appears likely.

Hearings are set for mornings only, beginning at 10 a.m. Following the jump, the day by-day schedule shows the issue at stake in each case.

Tuesday, March 26:
12-144 – Hollingsworth v. Perry – constitutionality of California’s “Proposition 8″ ban on same-sex marriage; also, question of standing to appeal.
Wednesday, March 27:
12-307 — United States v. Windsor – constitutionality of Section 3 of the federal Defense of Marriage Act’s benefits limited to married opposite-sex couples; also, question of standing for U.S. government and for House GOP leaders to appeal the case.

The national criminal defense, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of criminal defense, automobile death, personal injury, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.  "We fight.  You win!"

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

Attorney Charles Jerome Ware is an "Original" Super Lawyer.

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier Civil litigation and Criminal Defense firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."

[www.scotusblog.com/2013/marriage-arguments-march26-27, 2013; www.nbcnews.com/03-25-2013/"The SCOTUS Could Go..."; www.washingtonpost.com/3-25-2013; calendar.scotus.esu7.org/general/month.php]

CHARLES WARE'S CLASS-ACTION WAREHOUSE ALERT: KNOWLES

March 20, 2013.CharlesJeromeWare.com ('We fight.  You Win.")

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

Std. Fire Ins. Co. v. Knowles, www.CharlesJeromeWare.com

The U.S. Supreme Court has ruled that a lead class action plaintiff's "stipulation" that the amount in controversy in the case is "less than $5 million" does not remove the case from the scope of federal class-action law.

In other words, federal courts are not bound by lead plaintiffs in proposed class actions who attempt to keep class-action cases in state courts by stipulating jurisdictional amounts (amounts in controversy) on their own that are less than the federal minimum amount in controversy of $5 million.

At issue in this case are provisions of the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C. §§ 1332 (d)(2), (5) which give federal courts original jurisdiction in class actions when the aggregated amount in controversy exceeds $5 million and there are more than 100 class members.

Lead plaintiff Greg Knowles had filed his suit in Miller County, Ark., and stipulated that the amount in controversy was less than $5 million. His would-be class action against Standard Fire Insurance Co. had alleged the insurer underpaid claims for hail damage. According to the complaint, “hundreds, and possibly thousands” of people in Arkansas had similar claims.

A federal court considering Knowles' bid to send the case back to state court had found that the amount in controversy would have exceeded $5 million, absent the stipulation.

The Supreme Court has ruled that Knowles’ stipulation does not remove the case from the scope of the federal class-action law. “The stipulation at issue here can tie Knowles’ hands, but it does not resolve the amount-in-controversy question in light of his inability to bind the rest of the class,” Justice Stephen Breyer wrote. "For this reason, we believe the district court, when following the statute to aggregate the proposed class members’ claims, should have ignored that stipulation."

SYLLABUS

SUPREME COURT OF THE UNITED STATES

STANDARD FIRE INSURANCE CO. v. KNOWLES

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE EIGHTH CIRCUIT

No. 11–1450. Argued January 7, 2013—Decided March 19, 2013
The Class Action Fairness Act of 2005 (CAFA) gives federal district
courts original jurisdiction over class actions in which, among other
things, the matter in controversy exceeds $5 million in sum or value,
28 U. S. C. §§1332(d)(2), (5), and provides that to determine whether
a matter exceeds that amount the “claims of the individual class
members must be aggregated,” §1332(d)(6). When respondent
Knowles filed a proposed class action in Arkansas state court against
petitioner Standard Fire Insurance Company, he stipulated that he
and the class would seek less than $5 million in damages. Pointing
to CAFA, petitioner removed the case to the Federal District Court,
but it remanded to the state court, concluding that the amount in
controversy fell below the CAFA threshold in light of Knowles’ stipu-
lation, even though it found that the amount would have fallen above
the threshold absent the stipulation. The Eighth Circuit declined to
hear petitioner’s appeal.
Held: Knowles’ stipulation does not defeat federal jurisdiction under
CAFA. Pp. 3−7.

The national criminal defense, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of criminal defense, automobile death, personal injury, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier Civil litigation and Criminal Defense firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."

[The Standard Fire Insurance Company v. Greg Knowles, 568 U.S._(2013); SCOTUS; March 19, 2013; The Class Action Fairness Act of 2005 (CAFA), 28 U.S.C. §§ 1332 (d)(2), (5); www.abajournal.com/news/article/3-19-2013/ "SCOTUS: Class Action Plaintiff Can't Avoid Federal Court By Stipulating To Amount In Controversy"; ABAJournal.com: "Supreme Court to Hear Class Action Case; Dispute Is over Removal to Federal Court", ABA Journal: "A Touch of Class: Certification, Says One Brief, ‘Is the Ballgame’"]

2013 MEDICAL CLINICAL GUIDELINES TO AVOID MEDICAL ERRORS: CHARLES WARE UPDATE

www.CharlesJeromeWare.com ("We fight.  You win.")

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, presents this blog as a public service. The motto for this award-winning law firm is: "Still working. Still committed. Still here to make a difference."

Our attorneys are committed to achieving innovative and positive results for our clients.

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

A new CLE Specialty Program on Medical Best Practice Guidelines will be held on Tuesday, 4/2/2013.  It will be sponsored by the American Bar Association (ABA).

The goal of the program is to bring together a group of us (a panel) legal and medical colleagues to address the widespread adoption of clinical practice guidelines, checklists and other tools that are currently in use by health care providers in an effort to reduce medical errors and other related medical liability, and to improve patient safety.

For more information, call the ABA at 800-285-2221.

SCOTUS (U.S. Sup. Ct.) CLASS ACTION ALERT: Std. Fire Ins. Co. v. Knowles, www.CharlesJeromeWare.com

Std. Fire Ins. Co. v. Knowles, www.CharlesJeromeWare.com

The U.S. Supreme Court has ruled that a lead class action plaintiff's "stipulation" that the amount in controversy in the case is "less than $5 million" does not remove the case from the scope of federal class-action law.

In other words, federal courts are not bound by lead plaintiffs in proposed class actions who attempt to keep class-action cases in state courts by stipulating jurisdictional amounts (amounts in controversy) on their own that are less than the federal minimum amount in controversy of $5 million.

At issue in this case are provisions of the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C. §§ 1332 (d)(2), (5) which give federal courts original jurisdiction in class actions when the aggregated amount in controversy exceeds $5 million and there are more than 100 class members.

Lead plaintiff Greg Knowles had filed his suit in Miller County, Ark., and stipulated that the amount in controversy was less than $5 million. His would-be class action against Standard Fire Insurance Co. had alleged the insurer underpaid claims for hail damage. According to the complaint, “hundreds, and possibly thousands” of people in Arkansas had similar claims.

A federal court considering Knowles' bid to send the case back to state court had found that the amount in controversy would have exceeded $5 million, absent the stipulation.

The Supreme Court has ruled that Knowles’ stipulation does not remove the case from the scope of the federal class-action law. “The stipulation at issue here can tie Knowles’ hands, but it does not resolve the amount-in-controversy question in light of his inability to bind the rest of the class,” Justice Stephen Breyer wrote. "For this reason, we believe the district court, when following the statute to aggregate the proposed class members’ claims, should have ignored that stipulation."

SYLLABUS

SUPREME COURT OF THE UNITED STATES

STANDARD FIRE INSURANCE CO. v. KNOWLES

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE EIGHTH CIRCUIT

No. 11–1450. Argued January 7, 2013—Decided March 19, 2013
The Class Action Fairness Act of 2005 (CAFA) gives federal district
courts original jurisdiction over class actions in which, among other
things, the matter in controversy exceeds $5 million in sum or value,
28 U. S. C. §§1332(d)(2), (5), and provides that to determine whether
a matter exceeds that amount the “claims of the individual class
members must be aggregated,” §1332(d)(6). When respondent
Knowles filed a proposed class action in Arkansas state court against
petitioner Standard Fire Insurance Company, he stipulated that he
and the class would seek less than $5 million in damages. Pointing
to CAFA, petitioner removed the case to the Federal District Court,
but it remanded to the state court, concluding that the amount in
controversy fell below the CAFA threshold in light of Knowles’ stipu-
lation, even though it found that the amount would have fallen above
the threshold absent the stipulation. The Eighth Circuit declined to
hear petitioner’s appeal.
Held: Knowles’ stipulation does not defeat federal jurisdiction under
CAFA. Pp. 3−7.

The national criminal defense, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of criminal defense, automobile death, personal injury, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier Civil litigation and Criminal Defense firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."

[The Standard Fire Insurance Company v. Greg Knowles, 568 U.S._(2013); SCOTUS; March 19, 2013; The Class Action Fairness Act of 2005 (CAFA), 28 U.S.C. §§ 1332 (d)(2), (5); www.abajournal.com/news/article/3-19-2013/ "SCOTUS: Class Action Plaintiff Can't Avoid Federal Court By Stipulating To Amount In Controversy"; ABAJournal.com: "Supreme Court to Hear Class Action Case; Dispute Is over Removal to Federal Court", ABA Journal: "A Touch of Class: Certification, Says One Brief, ‘Is the Ballgame’"]

FIGHT HATE CRIMES!: $10,000 REWARD IN MARCO McMILLIAN MURDER

Best-selling author Charles Jerome Ware, of Columbia, Howard County, Maryland, is offering a reward of $10,000 for information leading to the arrest and conviction of one individual, if any, who served as an accomplice in the murder of 34-year old Marco McMillian, an African-American Mississippi mayoral candidate who was beaten, burned, dragged and slain on Monday, March 4th, 2013 in Coahoma County.

www.CharlesJeromeWare.com

"LEAD FREE" BALTIMORE DEFENSE LAWYERS: www.CharlesJeromeWare.com

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is one of Maryland's premier lead paint defense firms.

Along with its expertise in lead paint defense work, the firm is very highly regarded in the areas of criminal defense and civil litigation, medical malpractice and wrongful death, personal injury and transactional legal matters.

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors is: "Still working. Still committed. Still here to make a difference."

Lead paint lawsuits by tenants against landlords have increased during the past few years as the public has become more aware of the dangers created by lead paint.

Lawyers who represent injured children or residential landlords should investigate the facts to determine the identity of potentially liable defendants, the cause or causes of the injury, the potential defenses to the claim, which experts to utilize, and the different types of damages available in the case.

How Much in Damages Can Be Expected?

Damages recoverable in lead paint suits are similar to those recoverable in other types of personal injury litigations: loss of earning capacity, medical expenses, and pain and suffering. Parents may have a claim for loss of consortium in some jurisdictions. Also, some jurisdictions allow for the recovery of punitive damages if the facts of the case establish the elements for the award.

The largest dollar claim for damages generally falls under the category of vocational limitations.

In most cases, plaintiffs allege that the exposed child will be restricted in vocational options as an adult due to irreversible injuries caused by the exposure to lead that permanently disable the affected child. As a result, the child's earning capacity as an adult will be diminished.

In an attempt to mitigate loss of earning capacity damages, defendants may present evidence that the parents possess modest or below-average intelligence, together with expert testimony that children usually exhibit a level of intelligence that mirrors their parents.

The assessment by the defendant on vocational damages may focus on the child's home environment and the parents' child-rearing practices. These factors may strongly affect a child's cognitive behavior and development.

Defense counsel may argue that it is better to assess a child's future earning capacity on familial elements rather than on lead exposure.

Maryland Lead Law

Maryland Environmental Article 6-8 - "The Lead Poisoning Prevention Program" Statute

Maryland Environmental Article 6-8, also referred to as Maryland Housing Bill 760, "The Lead Poisoning Prevention Program" statute, was signed into law in May 1994 and became fully effective on February 24, 1996.

The law is intended to make all privately owned pre-1950 rental housing units safer for children, while also helping rental property owners and managers to avoid costly lead poisoning litigation by complying with specific lead hazard reduction measures or a dust testing procedure set forth in the statute. This statutory provision applies to all such housing units and, at an owner's option, to rental units built after 1949.

In essence, the law sharply limits the rights of children and their representatives to traditional tort damages for lead poisoning, provided that: (1) the property owner has satisfied certain housing unit registration requirements; and (2) the unit has either passed lead dust tests or undergone a set of "risk reduction measures" which must be verified by an independent, certified third party who performs a visual inspection When the unit meets this standard, the owner is entitled to a limited tort immunity.

However, if a child living in the unit develops an elevated blood lead level which exceeds 20 micrograms of lead per deciliter of blood, the owner has the option of making a "qualified offer" to the child and his or her legal representative.

A qualified offer is, in effect, a settlement of that child's potential lead poisoning claim and provides remedial compensation.

Under the provisions established in House Bill 760 for the qualified offer, the owner and his or her insurance company would: (1) offer to relocate the child's family to a housing unit that has been certified as "lead-safe," including payment of a rent differential if the "lead-safe" unit rents at a higher monthly rate; and (2) pay for any necessary medical treatment to mitigate the effects of lead poisoning when the treatment is not covered by a health insurance plan or public medical assistance.

Relocation expenses are payable until the poisoned child reaches age six, subject to a $9,500 cap. Out-of-pocket medical expenses are payable until the poisoned child reaches the age of 18, subject to a $7,500 cap.

Since a major reason for enacting House Bill 760 was the widespread and routine application of lead liability exclusions in general liability policies covering rental housing units, the statute adds provisions to the Maryland Insurance Code which limit the circumstances under which these exclusions would be effective. Therefore, access to insurance and limited liability are the primary incentives or benefits to owners of pre-1950 units who meet the statutory risk reduction standards. Additionally, the systematic reduction of lead-based paint hazards in these older units is meant to be the primary means for preventing lead poisoning in the state.

In summary, Maryland House Bill 760 takes on some of the most difficult public health, housing and liability issues posed by childhood lead poisoning to provide a measure of safety for children and a relief from the threat of litigation for rental property owners.

Jackson, et al. v. The Dackman Company, et al.

No. 131, September Term 2008 (Md. Oct. 24, 2011)

On October 24, 2011, the Maryland Court of Appeals in Jackson v. Dackman, struck down as invalid a statutory provision in Maryland’s Reduction of Lead Risk in Housing Act (“Act”) that provided immunity from liability to landlords if: (1) they achieved full compliance with certain requirements under the Act including registration and timely renewal of rental properties constructed prior to 1950; compliance with applicable risk reduction and response standards; and compliance with notice requirements to tenants; and (2) they had opportunity to make a qualified offer of up to $17,000 for reasonable relocation and medical expenses.

In light of the Dackman decision, landlords have found themselves facing a great deal of uncertainty and many are concerned that they may now be potentially exposed to huge liability claims, even if they previously had been fully compliant with the Act’s provisions.

Charles Jerome Ware, P.A., Attorneys and Counsellors can provide winning defense representation for:

1. Defense of Lead Paint Cases
2. Asset Protection
   
   and can assist lead paint insurance carriers and claims representatives with:
3. Defense of Lead Paint Cases
4. Presentations on Maryland’s Evolving Lead Paint Laws

Comparing State and Federal Laws

Federal and state laws address lead poisoning issues in slightly different ways. A shared feature is that each law requires that specific information be given to current and new tenants. Both Federal and Maryland law require landlords to give to each tenant the pamphlet “Protect Your Family from Lead in Your Home”. Maryland law also requires distribution by landlords of an additional pamphlet entitled “Lead Poisoning Prevention - Notice of Tenants’ Rights”.

For detailed information about the federal law and how to obtain copies of the federally mandated pamphlet, call the National Lead Clearinghouse at 1-800-424-LEAD (5323) or the Coalition to End Childhood Lead Poisoning at 410-534-6447.

Additionally, for detailed information about the Maryland law and how to obtain copies of the state-mandated “Notice of Tenants’ Rights” call the Maryland Lead Poisoning Hotline at 1-800-776-2706, or TDD (410) 631-3009, or the Coalition to End Childhood Lead Poisoning at 800-370-LEAD.

Maryland Lead Poisoning Prevention Program

In 1994 the General Assembly established the Lead Poisoning Prevention Program for the purpose of reducing the incidence of childhood lead poisoning while maintaining the stock of affordable rental housing. This program requires owners of older residential rental properties to meet certain risk reduction standards. It also provides more affordable insurance and the protection of limited liability for owners who comply. It is administered by the Maryland Department of the Environment (MDE). For more information call the Lead Poisoning Hotline at 1-800-776-2706, or TDD (410) 631-3009. Read the Law: MD Code, Environment § 6-801- 6-852; Article 48A, Secs. 734-737; Real Prop. § 8-208.2

Following is a summary of the law:

The owners of all rental dwelling units built before 1950 must comply with this law. Owners of units built between 1950 and 1978 may choose to comply and thus benefit from limited liability.

The law exempts rental units owned or operated by federal, state, or local government or by a public, quasi-public, or municipal corporation, provided the property is subject to standards that are at least as strict as the standards established by this law.

[www.nchh.org/Policy/MarylandLeadLaw; www.pklaw.com/lead paint defense; www.peoples-law.org/Lead Paint in Maryland; articles.baltimoresun.com/2010-12-02/health/bs-md-rockind-appeal; www.mde.state.md.us/programs/ Lead Poisoning Prevention/Pages/Programs/Land Program/Lead Coordination/index.aspx; www.americanbar.org/newsletter (Spring 1997)]

"LEAD FREE" MARYLAND DEFENSE ATTORNEYS: www.CharlesJeromeWare.com

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is one of Maryland's premier lead paint defense firms.

Along with its expertise in lead paint defense work, the firm is very highly regarded in the areas of criminal defense and civil litigation, medical malpractice and wrongful death, personal injury and transactional legal matters.

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors is: "Still working. Still committed. Still here to make a difference."

Lead paint lawsuits by tenants against landlords have increased during the past few years as the public has become more aware of the dangers created by lead paint.

Lawyers who represent injured children or residential landlords should investigate the facts to determine the identity of potentially liable defendants, the cause or causes of the injury, the potential defenses to the claim, which experts to utilize, and the different types of damages available in the case.

How Much in Damages Can Be Expected?

Damages recoverable in lead paint suits are similar to those recoverable in other types of personal injury litigations: loss of earning capacity, medical expenses, and pain and suffering. Parents may have a claim for loss of consortium in some jurisdictions. Also, some jurisdictions allow for the recovery of punitive damages if the facts of the case establish the elements for the award.

The largest dollar claim for damages generally falls under the category of vocational limitations.

In most cases, plaintiffs allege that the exposed child will be restricted in vocational options as an adult due to irreversible injuries caused by the exposure to lead that permanently disable the affected child. As a result, the child's earning capacity as an adult will be diminished.

In an attempt to mitigate loss of earning capacity damages, defendants may present evidence that the parents possess modest or below-average intelligence, together with expert testimony that children usually exhibit a level of intelligence that mirrors their parents.

The assessment by the defendant on vocational damages may focus on the child's home environment and the parents' child-rearing practices. These factors may strongly affect a child's cognitive behavior and development.

Defense counsel may argue that it is better to assess a child's future earning capacity on familial elements rather than on lead exposure.

Maryland Lead Law

Maryland Environmental Article 6-8 - "The Lead Poisoning Prevention Program" Statute

Maryland Environmental Article 6-8, also referred to as Maryland Housing Bill 760, "The Lead Poisoning Prevention Program" statute, was signed into law in May 1994 and became fully effective on February 24, 1996.

The law is intended to make all privately owned pre-1950 rental housing units safer for children, while also helping rental property owners and managers to avoid costly lead poisoning litigation by complying with specific lead hazard reduction measures or a dust testing procedure set forth in the statute. This statutory provision applies to all such housing units and, at an owner's option, to rental units built after 1949.

In essence, the law sharply limits the rights of children and their representatives to traditional tort damages for lead poisoning, provided that: (1) the property owner has satisfied certain housing unit registration requirements; and (2) the unit has either passed lead dust tests or undergone a set of "risk reduction measures" which must be verified by an independent, certified third party who performs a visual inspection When the unit meets this standard, the owner is entitled to a limited tort immunity.

However, if a child living in the unit develops an elevated blood lead level which exceeds 20 micrograms of lead per deciliter of blood, the owner has the option of making a "qualified offer" to the child and his or her legal representative.

A qualified offer is, in effect, a settlement of that child's potential lead poisoning claim and provides remedial compensation.

Under the provisions established in House Bill 760 for the qualified offer, the owner and his or her insurance company would: (1) offer to relocate the child's family to a housing unit that has been certified as "lead-safe," including payment of a rent differential if the "lead-safe" unit rents at a higher monthly rate; and (2) pay for any necessary medical treatment to mitigate the effects of lead poisoning when the treatment is not covered by a health insurance plan or public medical assistance.

Relocation expenses are payable until the poisoned child reaches age six, subject to a $9,500 cap. Out-of-pocket medical expenses are payable until the poisoned child reaches the age of 18, subject to a $7,500 cap.

Since a major reason for enacting House Bill 760 was the widespread and routine application of lead liability exclusions in general liability policies covering rental housing units, the statute adds provisions to the Maryland Insurance Code which limit the circumstances under which these exclusions would be effective. Therefore, access to insurance and limited liability are the primary incentives or benefits to owners of pre-1950 units who meet the statutory risk reduction standards. Additionally, the systematic reduction of lead-based paint hazards in these older units is meant to be the primary means for preventing lead poisoning in the state.

In summary, Maryland House Bill 760 takes on some of the most difficult public health, housing and liability issues posed by childhood lead poisoning to provide a measure of safety for children and a relief from the threat of litigation for rental property owners.

Jackson, et al. v. The Dackman Company, et al.

No. 131, September Term 2008 (Md. Oct. 24, 2011)

On October 24, 2011, the Maryland Court of Appeals in Jackson v. Dackman, struck down as invalid a statutory provision in Maryland’s Reduction of Lead Risk in Housing Act (“Act”) that provided immunity from liability to landlords if: (1) they achieved full compliance with certain requirements under the Act including registration and timely renewal of rental properties constructed prior to 1950; compliance with applicable risk reduction and response standards; and compliance with notice requirements to tenants; and (2) they had opportunity to make a qualified offer of up to $17,000 for reasonable relocation and medical expenses.

In light of the Dackman decision, landlords have found themselves facing a great deal of uncertainty and many are concerned that they may now be potentially exposed to huge liability claims, even if they previously had been fully compliant with the Act’s provisions.

Charles Jerome Ware, P.A., Attorneys and Counsellors can provide winning defense representation for:

1. Defense of Lead Paint Cases
2. Asset Protection
   
   and can assist lead paint insurance carriers and claims representatives with:
3. Defense of Lead Paint Cases
4. Presentations on Maryland’s Evolving Lead Paint Laws

Comparing State and Federal Laws

Federal and state laws address lead poisoning issues in slightly different ways. A shared feature is that each law requires that specific information be given to current and new tenants. Both Federal and Maryland law require landlords to give to each tenant the pamphlet “Protect Your Family from Lead in Your Home”. Maryland law also requires distribution by landlords of an additional pamphlet entitled “Lead Poisoning Prevention - Notice of Tenants’ Rights”.

For detailed information about the federal law and how to obtain copies of the federally mandated pamphlet, call the National Lead Clearinghouse at 1-800-424-LEAD (5323) or the Coalition to End Childhood Lead Poisoning at 410-534-6447.

Additionally, for detailed information about the Maryland law and how to obtain copies of the state-mandated “Notice of Tenants’ Rights” call the Maryland Lead Poisoning Hotline at 1-800-776-2706, or TDD (410) 631-3009, or the Coalition to End Childhood Lead Poisoning at 800-370-LEAD.

Maryland Lead Poisoning Prevention Program

In 1994 the General Assembly established the Lead Poisoning Prevention Program for the purpose of reducing the incidence of childhood lead poisoning while maintaining the stock of affordable rental housing. This program requires owners of older residential rental properties to meet certain risk reduction standards. It also provides more affordable insurance and the protection of limited liability for owners who comply. It is administered by the Maryland Department of the Environment (MDE). For more information call the Lead Poisoning Hotline at 1-800-776-2706, or TDD (410) 631-3009. Read the Law: MD Code, Environment § 6-801- 6-852; Article 48A, Secs. 734-737; Real Prop. § 8-208.2

Following is a summary of the law:

The owners of all rental dwelling units built before 1950 must comply with this law. Owners of units built between 1950 and 1978 may choose to comply and thus benefit from limited liability.

The law exempts rental units owned or operated by federal, state, or local government or by a public, quasi-public, or municipal corporation, provided the property is subject to standards that are at least as strict as the standards established by this law.

[www.nchh.org/Policy/MarylandLeadLaw; www.pklaw.com/lead paint defense; www.peoples-law.org/Lead Paint in Maryland; articles.baltimoresun.com/2010-12-02/health/bs-md-rockind-appeal; www.mde.state.md.us/programs/ Lead Poisoning Prevention/Pages/Programs/Land Program/Lead Coordination/index.aspx; www.americanbar.org/newsletter (Spring 1997)]

MARYLAND LIVING LOTTERY WINNERS READ, STUDY AND FOLLOW THIS BOOK:

www.CharlesJeromeWare.com

(1) BEST-SELLING AUTHOR & ATTORNEY TO ATTEND 2013 CHESTERTOWN BOOK FESTIVAL: CHARLES WARE of MARYLAND

The 2013 Chestertown Book Festival is scheduled for Friday and Saturday, September 20 and 21st, 2013. More information will be forthcoming about this popular Maryland book festival.

www.CharlesJeromeWare.com

(2) BEST-SELLING AUTHOR & ATTORNEY CHARLES WARE TO SPEAK ON EASTERN SHORE

www.CharlesJeromeWare.com

Best-selling author and attorney Charles Jerome Ware will present summaries of his five (5) best-selling books on Thursday evening, April 25th, 2013, at the Princess Anne branch of the Somerset County Library System, in Princess Anne, Maryland.

Sponsors for this program are Salisbury University, the Somerset County Public Library, and the Lottery Clubs of Somerset County.

By his clients and peers, opponents and the public, Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

Renowned and respected for his extensive trial experiences and legal counselling of thousands of individual and organizational clients, Attorney Charles Ware is also noted for being a prolific author of several best-selling books, numerous information blogs, and hundreds of articles.

Ware is a widely acclaimed expert legal commentator who, for eight years in the 1990s hosted the extremely popular legal advice radio program "The Lawyer's Mailbox": the Number One (#1) legal advice radio program in the Mid-Atlantic States, on WEAA-88.9 FM, Morgan State University Radio in Baltimore, Maryland.

Among attorney and author Charles Jerome Ware's best-selling books are:

(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888
(2) Understanding the Law: A Primer;
http://amzn.com/1440111456
(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920
(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847
(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952

Ware's blogs and twitter include, inter alia:

http://charlesware.blogspot.com

http://www.thelawyersmailbox.blogspot.com

http://www.twitter.com/CharlesJWare

http://open.salon.com/blog/charlesjware

www.CharlesJeromeWare.com

[See, Amazon.com, iUniverse.com, Outskirts Press, BooksAMillion.com, Barnesandnoble.com, www.Kobobooks.com, bookstore.iuniverse.com, books.google.com, www.buscalibre.com, www.diesel-ebooks.com, www.allbookstores.com, www.ebookmail.com, www.ebay.com, www.scribd.com, www.deepdiscount.com, www.betterworldbooks.com, www.landmarkonthenet.com, www.shopping.com, www.lawbooks-online.com, newmexicoveterinaryboard.us, www.booktopia.com.au, The Immigration Paradox-NY-Times.com, the Immigration Paradox: 15 Tips for Winning Immigration Cases, www.2shared.com, www.textbooksrus.com, www.valorebooks.com, www.waterstones.com, www.getcited.org, www.fishpond.co.nz, www.bookfinder4u.com, ebookstore.sony.com, www.bookdepository.co.uk, www.nytimes.com/2009/03/15, C-SPAN2/Book TV, BookTV.org, Miami Book Fair, International Summit on Books, American Library Association (ALA) Book Fair, National Book Festival, Baltimore Book Festival, inter al]

MARYLAND LIVE LOTTERY WINNERS READ, STUDY AND FOLLOW THIS BOOK:

THE SECRET SCIENCE OF WINNING LOTTERIES, SWEEPSTAKES AND CONTESTS: Laws, Strategies, Formulas and Statistics [Paperback]

Sold and shipped by amazon.com and other booksellers.

This amazingly helpful book is a best-seller!

Book Description

Publication Date: July 26, 2012

There is a science of winning lotteries, sweepstakes and contests! When it comes to lotteries, sweepstakes and contests, there are ways to improve your odds or probability of winning. They are discussed in this book, with a lot of detail and some humor. Blind reliance on luck or chance is not necessary to win lotteries, sweepstakes and contests. The "4Ps" of persistence, preparation, poise and a positive mental attitude are necessary to win on a consistent or regular basis. Therefore, just about anyone is capable of winning. Charles Jerome Ware is a noted author and attorney, microeconomist, lotterician, sweepstaker and contester. He is a principal in the national law firm of Charles Jerome Ware, Attorneys and Counselors. Dr. Ware is a highly successful and life-long sweepstaker and contester. He is also a successful lotterician who, for several years, has investigated, monitored and researched lotteries throughout the United States and several foreign countries. Dr. Ware is the recipient of numerous awards for his accomplishments in law and other areas. He lives in Columbia, Maryland.

http://amzn.com/1432793888

EASTERN SHORE MARYLAND 2013 BOOK EVENTS: CHARLES WARE

www.CharlesJeromeWare.com

(1)  BEST-SELLING AUTHOR & ATTORNEY TO ATTEND 2013 CHESTERTOWN BOOK FESTIVAL: CHARLES WARE of MARYLAND

The 2013 Chestertown Book Festival is scheduled for Friday and Saturday, September 20 and 21st, 2013. More information will be forthcoming about this popular Maryland book festival.

www.CharlesJeromeWare.com

(2)  BEST-SELLING AUTHOR & ATTORNEY CHARLES WARE TO SPEAK ON EASTERN SHORE

www.CharlesJeromeWare.com

Best-selling author and attorney Charles Jerome Ware will present summaries of his five (5) best-selling books on Thursday evening, April 25th, 2013, at the Princess Anne branch of the Somerset County Library System, in Princess Anne, Maryland.

Sponsors for this program are Salisbury University, the Somerset County Public Library, and the Lottery Clubs of Somerset County.

By his clients and peers, opponents and the public, Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

Renowned and respected for his extensive trial experiences and legal counselling of thousands of individual and organizational clients, Attorney Charles Ware is also noted for being a prolific author of several best-selling books, numerous information blogs, and hundreds of articles.

Ware is a widely acclaimed expert legal commentator who, for eight years in the 1990s hosted the extremely popular legal advice radio program "The Lawyer's Mailbox": the Number One (#1) legal advice radio program in the Mid-Atlantic States, on WEAA-88.9 FM, Morgan State University Radio in Baltimore, Maryland.

Among attorney and author Charles Jerome Ware's best-selling books are:

(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888
(2) Understanding the Law: A Primer;
http://amzn.com/1440111456
(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920
(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847
(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952

Ware's blogs and twitter include, inter alia:

http://charlesware.blogspot.com

http://www.thelawyersmailbox.blogspot.com

http://www.twitter.com/CharlesJWare

http://open.salon.com/blog/charlesjware

www.CharlesJeromeWare.com

[See, Amazon.com, iUniverse.com, Outskirts Press, BooksAMillion.com, Barnesandnoble.com, www.Kobobooks.com, bookstore.iuniverse.com, books.google.com, www.buscalibre.com, www.diesel-ebooks.com, www.allbookstores.com, www.ebookmail.com, www.ebay.com, www.scribd.com, www.deepdiscount.com, www.betterworldbooks.com, www.landmarkonthenet.com, www.shopping.com, www.lawbooks-online.com, newmexicoveterinaryboard.us, www.booktopia.com.au, The Immigration Paradox-NY-Times.com, the Immigration Paradox: 15 Tips for Winning Immigration Cases, www.2shared.com, www.textbooksrus.com, www.valorebooks.com, www.waterstones.com, www.getcited.org, www.fishpond.co.nz, www.bookfinder4u.com, ebookstore.sony.com, www.bookdepository.co.uk, www.nytimes.com/2009/03/15, C-SPAN2/Book TV, BookTV.org, Miami Book Fair, International Summit on Books, American Library Association (ALA) Book Fair, National Book Festival, Baltimore Book Festival, inter al]

FOR THOSE WHO HATE LAWYERS, READ THIS. :)

Excerpt from the best-selling book by author and attorney Charles Jerome Ware, LEGAL CONSUMER TIPS AND SECRETS: Avoiding Debtors' Prison in the United States:

"A“Nigerian” Scam Snatches Over $31,000,000.00 Out of Lawyers

In August 2011, it became public that the country of Nigeriahad extradited to the United Statesa man who was then indicted for allegedly scamming more than $31 million out of more than 80 law firms in the U.S.and Canada[Associated Press (AP) and ABA Journal News, August 19, 2011].

The scam appears to have worked as follows: One of several scammers would contact (usually by way of the Internet) a lawyer or law firm allegedly for legal assistance in collecting a debt. He becomes the client. Another scammer acting as the debtor would send a fake check to the law firm or lawyer, who would deposit the check into its escrow account and take out the firm’s fee before sending the balance to the alleged client. On the occasion when this “Nigerian” scam was carried out successfully, the alleged client got the money before the fake check was discovered.

It is hard to believe this scam would work on lawyers, but apparently it did. The indictment of this individual alleges that this “Nigerian” fraud group collected more than $31 million in this scam and tried without success to defraud an additional $100 million out of another 300 or more lawyers."

[page 120, Chapter Eleven, "The Nigerian, The Singapore, The Irish Lottery, and Other Internet Scams"].

Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States [Hardcover]

Charles Jerome Ware (Author)

Book Description

Publication Date: September 20, 2011

If you owe too much money, you can go to prison even though you have not committed a crime. You can also be kicked out of your home and face a myriad of other negative consequences. Even so, the largest religion in the United States continues to be "consumerism"-the deeply held belief that buying goods and services makes us better and happier. Attorney Charles Jerome Ware explores how you can keep spending, maintain your freedom, and stand up for yourself. He shares ways to prevent foreclosure, discourage identity theft and other forms of fraud, avoid debt settlement scams, and rebuild your credit. This insider's guide reveals hundreds of facts to educate and inform the faithful American consumer. Don't be bullied into living like a pauper when you can take reasonable steps to improve your financial position. Changing your life and avoiding pitfalls starts with learning <i>Legal Consumer Tips and Secrets.</i>

Show more

Show less

---

Editorial Reviews

About the Author

Attorney Charles Jerome Ware is a principal in the national law firm of Charles Jerome Ware, Attorneys and Counselors. He has served as the special legal counsel to the chairman of the Federal Trade Commission, as a federal administrative law judge, and as a senior trial attorney in both the Antitrust Division and the Criminal Division of the US Justice Department. He lives with his family in Columbia, Maryland. --This text refers to the Paperback edition.

---

Product Details Hardcover: 236 pages Publisher: iUniverse.com (September 20, 2011) Language: English ISBN-10: 1462051847 ISBN-13: 978-1462051847 Product Dimensions: 5.5 x 0.7 x 8.5 inches Shipping Weight: 15.4 ounces (View shipping rates and policies) Average Customer Review: "Excellent book... helpful and insightful!"

$10,000 REWARD FOR MARCO McMILLIAN MURDER ACCOMPLICE

Best-selling author Charles Jerome Ware, of Columbia, Howard County, Maryland, is offering a reward of $10,000 for information leading to the arrest and conviction of one individual, if any, who served as an accomplice in the murder of 34-year old Marco McMillian, an African-American Mississippi mayoral candidate who was beaten, burned, dragged and slain on Monday, March 4th, 2013 in Coahoma County.

www.CharlesJeromeWare.com

MARYLAND: NO MORE DEATH PENALTY!

www.CharlesJeromeWare.com ("We fight.  You win.")

The national criminal defense, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of criminal defense, automobile death, personal injury, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier Civil litigation and Criminal Defense firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."

MARYLAND DEATH PENALTY REPEALED

On Friday, March 15th, 2013, Maryland became the sixth state in six years and the 18th state in the country to repeal the death penalty. Gov. Martin O’Malley (D) lobbied hard for the legislation.

The governor has framed the repeal in pragmatic terms, calling the death penalty an expensive policy that is ”proven not to work.” So, is Maryland's O’Malley on the leading edge of a movement whose time has come (or will come by 2016)?: The next presidential election year.

Advocates think/hope so. “Maryland is the bellwether for the country on the death penalty,” said National Coalition to Abolish the Death Penalty Executive Director, Diann Rust-Tierney in a statement.

But, polling tells a more complicated story about the politics surrounding the issue.

 

Nationally, a 2011 CNN poll found for the first time that a bare majority, 50 percent, would prefer a murderer be given a life sentence over the death penalty. Forty-eight percent disagreed. But the poll did not ask about repeal. Gallup found in early 2013 that death penalty support is “stable” at 63 percent:

The death penalty’s popularity has been gradually decreasing since a peak in the mid 1990s when a whopping 80 percent favored executions. Decreasing crime and increasing DNA evidence appear to have had an effect. But support has been stuck in the mid-60s for the past few years. There is no huge generational gap either — as 61 percent of voters 18 to 34 back the death penalty. (But there is a racial gap that could come into play as the white share of the vote declines — according to the General Social Survey, 56 percent of Hispanics and 47 percent of African-Americans back the death penalty, compared to 71 percent of whites.)

In Maryland, a strongly Democratic state, a majority supports the death penalty — even though 61 percent of voters don’t think it deters murder. It could end up on the ballot next year, as same-sex marriage and the state’s version of the DREAM Act did last year.

At the same time, the death penalty itself has quietly waned. Executions are down 75 percent since 1996, according to the Death Penalty Information Center. Only nine states executed inmates in 2012, and four states — Texas, Oklahoma, Mississippi and Arizona — were responsible for three-quarters of those executions. President Obama supports the death penalty under narrow circumstances (a prior opponent, he changed his mind before the 2004 Senate campaign). But in 2012, for the first time, both presidential candidates came from states where the death penalty had already been abolished. The issue never came up in the campaign.

The death penalty simply isn’t on the national radar in the same way as gay marriage or abortion. There is no prominent national lobby pushing for the death penalty, as there is for gun rights.

[www.washingtonpost.com/3-15-2013/ Maryland Death Penalty Repeal]

CALIFORNIA LOTTERY CLUBS READ THE BOOK BY CHARLES WARE, AUTHOR AND ATTORNEY

www.CharlesJeromeWare.com

A lottery club is simply formed of 2 or more people who share a desire to pool their money to buy lottery tickets and who agree to split any winnings. Lottery clubs can be of any number of people and they can agree to play as many or as few games as they choose. In addition, the club decides in advance how to split the winnings, but in order to be a legal lottery club there are a few steps that need to be followed. These important steps are presented in this blog.

LOTTERY CLUBS READ, STUDY AND FOLLOW THIS BOOK:

THE SECRET SCIENCE OF WINNING LOTTERIES, SWEEPSTAKES AND CONTESTS: Laws, Strategies, Formulas and Statistics [Paperback]

Sold and shipped by amazon.com and other booksellers.

This amazingly helpful book is a best-seller!

Book Description

Publication Date: July 26, 2012

There is a science of winning lotteries, sweepstakes and contests! When it comes to lotteries, sweepstakes and contests, there are ways to improve your odds or probability of winning. They are discussed in this book, with a lot of detail and some humor. Blind reliance on luck or chance is not necessary to win lotteries, sweepstakes and contests. The "4Ps" of persistence, preparation, poise and a positive mental attitude are necessary to win on a consistent or regular basis. Therefore, just about anyone is capable of winning. Charles Jerome Ware is a noted author and attorney, microeconomist, lotterician, sweepstaker and contester. He is a principal in the national law firm of Charles Jerome Ware, Attorneys and Counselors. Dr. Ware is a highly successful and life-long sweepstaker and contester. He is also a successful lotterician who, for several years, has investigated, monitored and researched lotteries throughout the United States and several foreign countries. Dr. Ware is the recipient of numerous awards for his accomplishments in law and other areas. He lives in Columbia, Maryland.

http://amzn.com/1432793888

Steps To Starting A Lottery Club

1. Find like minded people.
   • Before you can start a lottery club you need to gather your club members. You can look for members from among co-workers, friends and family, church groups or even online.
2. Decide on rules for your lottery club.
   • Each club decides amongst themselves which lottery games to play, how much each member should put into the lottery pool and how to split the winnings. This information should be put in writing and each member should sign that they understand and accept these rules as a binding contract.
3. Make your club legal.
   • In order for your club to exist as a legal entity you'll need to have an Employer Identification Number (EIN). This can be gained by getting a SS-4 form from an IRS office or from online, then filling it out and returning it to the IRS. There is no charge to get an Employer Identification Number.
4. Play the lottery.
   • Once you have your EIN you're free to play the lottery as often as your club likes.
5. Collect winnings.
   • Prior to collecting your winnings your club must first fill in a 5754 form. This form collects the personal information and Social Security numbers of all club members, in addition to recording their portion of the winnings. If the lottery club wins more than $5,000 USD then the club will need to submit a W-2G Form showing the amount won and the amount of withholdings needed to submit to the IRS. Both of these forms will be furnished by the lottery commission. The lottery will then begin sending your club payments or they'll write your club a check for your winnings.

LOTTERY FEATURED BOOK OF THE WEEK BY AUTHOR & ATTORNEY CHARLES WARE

www.CharlesJeromeWare.com

LOTTERY CLUBS READ, STUDY AND FOLLOW THIS BOOK:

THE SECRET SCIENCE OF WINNING LOTTERIES, SWEEPSTAKES AND CONTESTS: Laws, Strategies, Formulas and Statistics [Paperback]

Sold and shipped by amazon.com and other booksellers.

This amazingly helpful book is a best-seller!

Book Description

Publication Date: July 26, 2012

There is a science of winning lotteries, sweepstakes and contests! When it comes to lotteries, sweepstakes and contests, there are ways to improve your odds or probability of winning. They are discussed in this book, with a lot of detail and some humor. Blind reliance on luck or chance is not necessary to win lotteries, sweepstakes and contests. The "4Ps" of persistence, preparation, poise and a positive mental attitude are necessary to win on a consistent or regular basis. Therefore, just about anyone is capable of winning. Charles Jerome Ware is a noted author and attorney, microeconomist, lotterician, sweepstaker and contester. He is a principal in the national law firm of Charles Jerome Ware, Attorneys and Counselors. Dr. Ware is a highly successful and life-long sweepstaker and contester. He is also a successful lotterician who, for several years, has investigated, monitored and researched lotteries throughout the United States and several foreign countries. Dr. Ware is the recipient of numerous awards for his accomplishments in law and other areas. He lives in Columbia, Maryland.

http://amzn.com/1432793888

CHARLES WARE'S MEDICAL MALPRACTICE UPDATE: $6,407,039.00 VERDICT

www.CharlesJeromeWare.com ("We fight.  You win.")

$6,407,039.00 VERDICT: MEDICAL MALPRACTICE – EMERGENCY DEPARTMENT – FAILURE TO ORDER COMPLETE CARDIAC TESTING – WRONGFUL DEATH FROM HEART ATTACK AT AGE 38.
The decedent was a 38-year-old father of five children who died from a heart attack three months after he was treated for chest pain by the two defendant emergency room physicians (a resident and an attending physician). The plaintiff alleged that the defendants failed to order appropriate testing to determine the cause of the decedent’s chest pain and to avoid the subsequent fatal heart attack.

The jury agreed with the Plaintiff.

[Philadelphia County, Pennsylvania]

www.CharlesJeromeWare.com

We are medical malpractice attorneys.

The national medical malpractice, criminal defense, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of criminal defense, automobile death, personal injury, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier Civil litigation and Criminal Defense firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."

$10,000 REWARD: MARCO McMILLIAN (Murdered)

Best-selling author and attorney Charles Jerome Ware, of Columbia, Howard County, Maryland, is offering a reward of $10,000 for information leading to the arrest and conviction of one individual, if any, who served as an accomplice in the murder of 34-year old Marco McMillian, an African-American Mississippi mayoral candidate who was beaten, burned, dragged and slain on Monday, March 4th, 2013 in Coahoma County.

www.CharlesJeromeWare.com

THE DAY YOU ARE MOST LIKELY TO DIE: HAPPY BIRTHDAY!!! :-)

Strangely enough, one of the most popular "news" headings on the "healthyliving.msn.com" website today (Thursday, March 14, 2013) has been "The days you're most likely to die", presented by Men's Health magazine writer Denny Watkins:

"You can probably expect cake and presents on your birthday, but you also have a good chance of kicking the bucket. After analyzing 2.4 million deaths over four decades, Swiss researchers found that you're nearly 14 percent more likely to die on your birthday than any other day of the year."

According to the Men's Health article, "men have an increased risk of falling down or committing suicide on their birthday, presumably due to alcohol consumption," says Swiss researcher Vladeta Ajdacic-Gross, PH. D.

 

BEST-SELLING AUTHOR & ATTORNEY TO ATTEND 2013 CHESTERTOWN BOOK FESTIVAL: CHARLES WARE of MARYLAND

The 2013 Chestertown Book Festival is scheduled for Friday and Saturday, September 20 and 21st, 2013. More information will be forthcoming about this popular Maryland book festival.

www.CharlesJeromeWare.com

By his clients and peers, opponents and the public, Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

Renowned and respected for his extensive trial experiences and legal counselling of thousands of individual and organizational clients, Attorney Charles Ware is also noted for being a prolific author of several best-selling books, numerous information blogs, and hundreds of articles.

Ware is a widely acclaimed expert legal commentator who, for eight years in the 1990s hosted the extremely popular legal advice radio program "The Lawyer's Mailbox": the Number One (#1) legal advice radio program in the Mid-Atlantic States, on WEAA-88.9 FM, Morgan State University Radio in Baltimore, Maryland.

Among attorney and author Charles Jerome Ware's best-selling books are:

(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888
(2) Understanding the Law: A Primer;
http://amzn.com/1440111456
(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920
(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847
(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952

Ware's blogs and twitter include, inter alia:

http://charlesware.blogspot.com

http://www.thelawyersmailbox.blogspot.com

http://www.twitter.com/CharlesJWare

http://open.salon.com/blog/charlesjware

www.CharlesJeromeWare.com

[See, Amazon.com, iUniverse.com, Outskirts Press, BooksAMillion.com, Barnesandnoble.com, www.Kobobooks.com, bookstore.iuniverse.com, books.google.com, www.buscalibre.com, www.diesel-ebooks.com, www.allbookstores.com, www.ebookmail.com, www.ebay.com, www.scribd.com, www.deepdiscount.com, www.betterworldbooks.com, www.landmarkonthenet.com, www.shopping.com, www.lawbooks-online.com, newmexicoveterinaryboard.us, www.booktopia.com.au, The Immigration Paradox-NY-Times.com, the Immigration Paradox: 15 Tips for Winning Immigration Cases, www.2shared.com, www.textbooksrus.com, www.valorebooks.com, www.waterstones.com, www.getcited.org, www.fishpond.co.nz, www.bookfinder4u.com, ebookstore.sony.com, www.bookdepository.co.uk, www.nytimes.com/2009/03/15, C-SPAN2/Book TV, BookTV.org, Miami Book Fair, International Summit on Books, American Library Association (ALA) Book Fair, National Book Festival, Baltimore Book Festival, inter al]

EASTERN SHORE MARYLAND BOOK FESTIVALS: CHARLES WARE, AUTHOR & ATTORNEY

www.CharlesJeromeWare.com
www.ChesterTownBookFestival.org

Best-selling author and attorney Charles Jerome Ware will present summaries of his five (5) best-selling books on Thursday evening, April 25th, 2013, at the Princess Anne branch of the Somerset County Library System, in Princess Anne, Maryland.

Sponsors for this program are Salisbury University, the Somerset County Public Library, and the Lottery Clubs of Somerset County.

By his clients and peers, opponents and the public, Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

Renowned and respected for his extensive trial experiences and legal counselling of thousands of individual and organizational clients, Attorney Charles Ware is also noted for being a prolific author of several best-selling books, numerous information blogs, and hundreds of articles.

Ware is a widely acclaimed expert legal commentator who, for eight years in the 1990s hosted the extremely popular legal advice radio program "The Lawyer's Mailbox": the Number One (#1) legal advice radio program in the Mid-Atlantic States, on WEAA-88.9 FM, Morgan State University Radio in Baltimore, Maryland.

Among attorney and author Charles Jerome Ware's best-selling books are:

(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888
(2) Understanding the Law: A Primer;
http://amzn.com/1440111456
(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920
(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847
(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952

Ware's blogs and twitter include, inter alia:

http://charlesware.blogspot.com

http://www.thelawyersmailbox.blogspot.com

http://www.twitter.com/CharlesJWare

http://open.salon.com/blog/charlesjware

www.CharlesJeromeWare.com

[See, Amazon.com, iUniverse.com, Outskirts Press, BooksAMillion.com, Barnesandnoble.com, www.Kobobooks.com, bookstore.iuniverse.com, books.google.com, www.buscalibre.com, www.diesel-ebooks.com, www.allbookstores.com, www.ebookmail.com, www.ebay.com, www.scribd.com, www.deepdiscount.com, www.betterworldbooks.com, www.landmarkonthenet.com, www.shopping.com, www.lawbooks-online.com, newmexicoveterinaryboard.us, www.booktopia.com.au, The Immigration Paradox-NY-Times.com, the Immigration Paradox: 15 Tips for Winning Immigration Cases, www.2shared.com, www.textbooksrus.com, www.valorebooks.com, www.waterstones.com, www.getcited.org, www.fishpond.co.nz, www.bookfinder4u.com, ebookstore.sony.com, www.bookdepository.co.uk, www.nytimes.com/2009/03/15, C-SPAN2/Book TV, BookTV.org, Miami Book Fair, International Summit on Books, American Library Association (ALA) Book Fair, National Book Festival, Baltimore Book Festival, inter al]

"WHITE SMOKE": NEW POPE, NEW DAY, NEW ERA --- POPE FRANCIS

www.CharlesJeromeWare.com

CARDINAL JORGE MARIO BERGOGLIO, of Agentina, aka Pope Francis, the first man in the modern era from outside Europe to lead the Roman Catholic Church, prizes compassion, humility and simplicity — so much that he gave up his chauffeur in Argentina and took the bus to work.

He is the first pope to be a member of the Society of Jesus, a Catholic order founded in the 16th century by St. Ignatius Loyola. Its members, known as Jesuits, take a vow of poverty and are known for their work among the poor and their scholarship.

“A man who calmly stands for what’s right and just,” Cardinal Edward Egan, the archbishop emeritus of New York, told NBC News. “A man of great compassion for the poor. That is what they point to first and foremost.”

During an economic crisis that gripped his home country over the last decade, Francis, then Cardinal Jorge Mario Bergolio, asserted himself as a champion of the least fortunate and a defender of social justice.

“We live in the most unequal part of the world, which has grown the most yet reduced misery the least,” Bergoglio told Latin American bishops in 2007, according a recent profile in the National Catholic Reporter. “The unjust distribution of goods persists, creating a situation of social sin that cries out to Heaven and limits the possibilities of a fuller life for so many of our brothers.”

The new pope is known to be conservative on social issues. He has opposed abortion and gay marriage, and in 2010 he drew the ire of Argentina’s president when he said that gay adoption was a form of discrimination against children.

Argentina in 2010 became the first country in Latin America to legalize gay marriage. During the debate that preceded the change, Bergoglio called the bill “a plan to destroy God’s plan.”

“This is no mere legislative bill,” he said. “It is a move by the father of lies to confuse and deceive the children of God.”

Argentine President Cristina Fernandez de Kirchner shot back that the then-cardinal was speaking in terms “really reminiscent of the times of the Inquisition.”

As archbishop, Bergoglio had the option to live in a palace but chose a simple apartment, according to the National Catholic Reporter. He gave up a limousine for the bus, and cooks his own meals.

In the first act of his papacy, he chose the name Francis, becoming the namesake of St. Francis of Assisi, who gave up his riches and chose a life of poverty and prayer.

He was born in Buenos Aires on Dec. 17, 1936, his father an Italian railway worker. He was elevated to cardinal in 2001 by Pope John Paul II.

At 76, he had been considered by some observers too old for the job — particularly following Benedict, who said that at 85 he was no longer healthy enough to lead the church. Francis has only one lung, the other removed because of an infection when he was a teenager.

Still, Egan said: “I can assure you that he is not feeble in any way.”

His official biographer has said that Francis has both keen political instincts and self-effacing humility, and that he would encourage a kind of shoe-leather evangelism within the church. He is known to walk the streets of Buenos Aires to talk to the people.

He told priests in Argentina last year: “Jesus teaches us another way: Go out. Go out and share your testimony, go out and interact with your brothers, go out and share, go out and ask. Become the word in body as well as spirit.”

Perhaps helping him overcome the traditional reluctance to elect a Jesuit pope, he fell out of favor among some Jesuits in Argentina after he was elected to the title of Jesuit provincial in 1973.

He later was sent to a school in northern Argentina to teach high school chemistry, an assignment seen as a type of exile, before the archbishop of Buenos Aires recalled him to be his auxiliary bishop.

“He’s a strong man, a man who can put up with criticism,” said George Weigel, NBC News’ Vatican analyst. “Cardinal Bergoglio put up with a lot of criticism from his brother Jesuits for many years.”

Francis earned a degree in chemistry and was ordained a priest in December 1969. He was named archbishop of Buenos Aires in 1998.

He was said to be the runner-up the last time cardinals met to choose a pope. An anonymous account of the 2005 conclave said that he had the support of some of the more liberal cardinals before giving up the fight and telling his backers to vote for Cardinal Joseph Ratzinger, who became Benedict XVI.

The account was attributed to a cardinal who leaked his diary to an Italian publication. It said that Francis, then Bergoglio, amassed 40 votes, more than half of what he would have needed for election, but still trailed Benedict after three ballots. His candidacy faltered on the fourth ballot, the diary said.

As Bergoglio cast his ballot beneath Michelangelo’s “Last Judgment,” the account said: “He had his face fixed on the image of Christ judging the souls at the end of time. A suffering face that implored: God, don’t to this to me.” The cardinal later declined to comment on the account.

By choosing a name no pope had chosen before, he may be signaling an era of rebirth for a church troubled by corruption and a sexual abuse crisis.

“We have to avoid the spiritual sickness of a self-referential church,” the new pope said before the conclave, according to the National Catholic Reporter. “It’s true that when you get out into the street, as happens to every man and woman, there can be accidents. However, if the church remains closed in on itself, self-referential, it gets old. Between a church that suffers accidents in the street, and a church that’s sick because it's self-referential, I have no doubts about preferring the former.”

[news.msn.com/world/3-13-2013/"The New Pope: A Profile of Cardinal Jorge Mario Bergoglio"]