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Civil Rights

WILLIE L. BARTON v. RICKY FOXWELL, WARDEN

Criminal procedure — Writ of habeas corpus — Diminution credits In 1975, Willie L. Barton, appellant, was convicted of first-degree murder following a jury trial in the Circuit Court for Wicomico County, and was sentenced to life imprisonment.1 In 2015, ...

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DAVID BOLDING v. JOSHUA A. KOZAY, ET AL

Torts — False arrest and deprivation of liberty — Traffic stop After a police officer signaled a motorist to stop, he continued driving for more than 60 seconds, passing numerous places where he could safely stop. The motorist’s conduct led ...

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LARIN GRIFFIN v. FRANK BISHOP, WARDEN

Civil litigation — Writ of habeas corpus — Deprivation of good-conduct credits On September 29, 2015, Larin Griffin, appellant, filed a petition for a writ of habeas corpus in the Circuit Court for Allegany County. Appellant alleged that the Division ...

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CHRISTOPHER McCANN v. BOBBY P. SHEARIN, WARDEN

Appellate procedure — Untimely appeal — Dismissal On September 26, 2013, the Circuit Court for Alleghany County granted the appellee, Bobby Shearin’s, motion to dismiss the 42 U.S.C. § 1983 complaint filed by the appellant, Christopher McCann. The appellant then ...

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CHADWICK LESTER v. GREGG L. HERSHBERGER

Criminal procedure — Writ of habeas corpus — Right to counsel On May 30, 2012, Appellant, Lester Chadwick, filed a petition for writ of habeas corpus in the Circuit Court for Harford County against Gregg L. Hershberger, then-warden of the ...

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MATTHEW B. ROSE v. MAUNDA WILLIAMS

TORTS -- FALSE ARREST -- PROBABLE CAUSE TO ARREST Matthew B. Rose was arrested in the early morning hours of August 22, 2012 based on Officer Maunda Williams’s belief that Mr. Rose had participated in a high-speed car chase with police. As it turns out, Officer Williams mistook Mr. Rose for a passenger in the car that he and his fellow officers ultimately cut off, but his mistake only became apparent after he detained Mr. Rose and took him into custody. Mr. Rose filed suit against Officer Williams in the Circuit Court for Baltimore City, alleging false arrest, false imprisonment, negligence, battery, and a violation of Article 24 of the Maryland Declaration of Rights. Officer Williams moved for summary judgment, the circuit court granted the motion, and Mr. Rose appeals.

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LYE HUAT ONG v. STATE OF MARYLAND

CRIMINAL PROCEDURE -- WRIT OF ACTUAL INNOCENCE -- RIGHT TO REPLY TO STATE'S RESPONSE In 1998, Lye Huat Ong, appellant, pleaded guilty, in the Circuit Court for Howard County, to two counts of child abuse and one count of sexual offense in the second degree and was thereafter sentenced to concurrent terms of imprisonment. His application for leave to appeal from that guilty plea was denied. Ong thereafter unsuccessfully sought relief under the Maryland Uniform Post-conviction Procedure Act. He ultimately filed a petition for writ of actual innocence, challenging his convictions on various grounds, among which were an alleged lack of evidence to show that he had committed any of the charged offenses, as well as allegations that his trial counsel, the prosecution, and two judges had acted improperly and effectively coerced him into acceding to a plea agreement against his wishes. Invoking Criminal Procedure Article (“CP”), § 8-301(e)(1),2 Ong requested a hearing. Seven days after the State filed a written response opposing Ong’s petition, the circuit court dismissed his petition without a hearing because, according to the court’s written order of dismissal, that petition failed to cite any newly discovered evidence and therefore failed to comply with the pleading requirements of the actual innocence statute. Ong subsequently filed a motion for reconsideration, which the circuit court denied. He now appeals from the circuit court’s order of dismissal, claiming that the circuit court’s prompt action in dismissing the petition, just seven days after the State filed its response, left him without an opportunity to file a reply memorandum to the State’s response, and that he was thereby denied due process. Ong further asserts that the circuit court “rush[ed] to judgment” in dismissing his pro se petition before he had an opportunity to amend it so as to render it compliant with the pleading requirements of the actual innocence statute, CP § 8-301, as well as Maryland Rule 4-332.

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IN RE: EXPUNGEMENT PETITION OF ROSS F.

CRIMINAL PROCEDURE -- EXPUNGEMENT -- SINGLE UNIT OF CRIME ----- Even though two robberies occurred within a short period of time on the same day they were separate events. Each robbery occurred at a different location and involved completely unrelated victims. Accordingly, Appellant is entitled to the expungement of counts 1 through 8 of an indictment.

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RUDOLPH L. BELL JR. v. BALTIMORE CITY POLICE DEPARTMENT, ET AL.

TORTS -- FAILURE TO PROPERLY TRAIN OFFICES -- SOVEREIGN IMMUNITY -- Rudolph Bell Jr., appellant, brought suit, in the Circuit Court for Baltimore City, against the Baltimore City Police Department (“BCPD”) and “several unidentified” police officers who shot and killed his father, Rudolph Bell Sr. Bell Jr.’s complaint alleged that the BCPD was negligent in failing to properly train its officers in how to handle “mentally ill” suspects such as his father and that, in failing to so train its officers, the BCPD had also violated Article 24 of the Maryland Declaration of Rights. When the BCPD—the only defendant who was identified, with any specificity, by the complaint and subsequently served by Bell Jr.—moved to dismiss the complaint on the grounds of sovereign immunity, the Baltimore City circuit court granted that motion. This appeal from that dismissal followed.

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MARCUS WILLIAM TUNSTALL v. STATE OF MARYLAND

Convicted of three counts of first-degree murder and three counts of use of a handgun in the commission of a crime of violence, Marcus William Tunstall appeals the denial by the Circuit Court for Prince George’s County of his petition for writ of actual innocence without a hearing.

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