Rare dismissal, because the government could not prove an essential element of the case (proof of certified mail). It did not meet the threshold for admission. I knew it and lay in the weeds. Because the jury was already seated and sworn, the case was dismissed and it is double jeopardy. That means the government cannot retry the case. To the naysayers out there, this shows you that the Constitution is still alive and well. It felt good to get this outcome that I have never been able to achieve in almost 34 years of practice.  Almost as the hood is the fact we picked a jury.  I haven’t since May 22.  My mentor James Burdick always told me the best trial lawyers were the ones that did not go to trial. My trial judge said it was the first time she dismissed a case this way. Thanks for letting me share. 

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