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BY: Daily Record Staff
POSTED: April 24, 2013
Tags: law digest, legal news, maryland court of appeals, opinions
Constitutional Law Removal of elected official BOTTOM LINE: Plaintiff was removed from office by operation of law on the day she was sentenced for misconduct in office while in office, notwithstanding the fact that she subsequently was afforded probation before judgment. CASE: Hall v. Prince George’s County Democratic Central Committee, No. 100, Sept. Term, 2012 [...]
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BY: Daily Record Staff
POSTED: April 17, 2013
Tags: 4th u.s. circuit court of appeals, Law, law digest, legal news, maryland court of appeals, maryland court of special appeals, opinions
MARYLAND COURT OF APPEALS Criminal Procedure, Communication with juror: The trial court’s substitution of a juror with an alternate at the start of deliberations, without first notifying counsel of the juror communication that prompted that action and seeking counsel’s response or input, was reversible error. Grade v. State, No. 16, Sept. Term, 2007. RecordFax No. [...]
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BY: Daily Record Staff
POSTED: April 17, 2013
Tags: 4th u.s. circuit court of appeals, courts, Law, legal news, opinions
Constitutional Law Free speech in schools BOTTOM LINE: When a student wore shirts that displayed the Confederate flag in a community where racial tensions continued to exist, such speech threatened to disrupt school and school officials could prohibit or punish that speech without violating the student’s constitutional rights. CASE: Hardwick v. Heyward, No. 12-1455 (filed [...]
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BY: Daily Record Staff
POSTED: April 17, 2013
Tags: court of special appeals, law digest, legal news, maryland, opinions
Administrative Law Evidence at police trial board hearing BOTTOM LINE: The police department, in a disciplinary proceeding of an officer, did not violate the rights of the officer by failing to disclose certain information regarding the FBI’s investigation of another officer, because such information was not exculpatory. CASE: Baltimore Police Department V. Ellsworth, No. 0005, [...]
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BY: Daily Record Staff
POSTED: April 17, 2013
Tags: Court of Appeals, Law, legal digest, maryland, opinions
Criminal Procedure Communication with juror BOTTOM LINE: The trial court’s substitution of a juror with an alternate at the start of deliberations, without first notifying counsel of the juror communication that prompted that action and seeking counsel’s response or input, was reversible error. CASE: Grade v. State, No. 16, Sept. Term, 2007 (filed Apr. 3, [...]
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BY: Daily Record Staff
POSTED: April 10, 2013
Tags: 4th circuit court of appeals, Court of Appeals, court of special appeals, Law, legal news, opinions
MARYLAND COURT OF APPEALS Administrative Law, Disability accommodation: In an action by residents alleging that their apartment complex denied them reasonable accommodation of their disabilities by refusing to provide them keys to side and back doors of their building, the burden of proof was on the defendant apartment complex to prove that providing the requested [...]
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BY: Daily Record Staff
POSTED: April 10, 2013
Tags: 4th u.s. circuit court of appeals, Law, legal news, opinions
Civil Procedure Amendment of pleadings BOTTOM LINE: Following dismissal of plaintiff’s complaint, the U.S. District Court properly denied plaintiff’s request to amend, because a motion to amend filed after a judgment of dismissal has been entered cannot be considered until the judgment is vacated, and plaintiff never requested that judgment dismissing its complaint be opened [...]
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BY: Daily Record Staff
POSTED: April 10, 2013
Tags: court of special appeals, Law, legal news, opinions
Labor & Employment Age discrimination BOTTOM LINE: Defendant was entitled to summary judgment on plaintiff’s age discrimination claim, where defendant presented a legitimate, non-discriminatory reason for its refusal to hire plaintiff and plaintiff failed to adduce sufficient evidence to meet his burden of establishing that defendant’s reasons were pretextual and that its motive was discriminatory. [...]
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BY: Daily Record Staff
POSTED: April 10, 2013
Tags: Court of Appeals, Law, legal news, opinions
Administrative Law Disability accommodation BOTTOM LINE: In an action by residents alleging that their apartment complex denied them reasonable accommodation of their disabilities by refusing to provide them keys to side and back doors of their building, the burden of proof was on the defendant apartment complex to prove that providing the requested keys was [...]
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BY: Daily Record Staff
POSTED: April 3, 2013
Tags: 4th u.s. circuit court, Court of Appeals, court of special appeals, Law, law digest, legal news, opinions
MARYLAND COURT OF APPEALS Administrative Law, Public utilities deregulation: In establishing a rate stabilization plan to further the transition to a competitive market for electricity supply, the legislature did not intend for credits and charges to affect the electric company’s franchise tax liability. State Department of Assessments and Taxation v. Baltimore Gas & Electric Company, [...]
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