Cpl. David McGuinn was stabbed to death while on duty during an ambush style attack from behind as he was taking the final lockup count for the night at 10 p.m. on July 25, 2006. Stephens was charged with first-degree murder in McGuinn’s death.

The case went to the jury last Wednesday. While court was not in session Friday, the jurors in the case have been deliberating since. On Tuesday, jurors again did not deliver a verdict and were sent home about 4 p.m.

The case against Stephens is based on eyewitness testimony from former inmates on the cell block where the attack occurred and DNA testing of blood recovered from Stephens’ personal effects. The jury has the option to find Stephens guilty of first-degree murder and conspiracy to commit first-degree murder. Anne Arundel County Circuit Court Judge Paul A. Hackner told the jury when they were given the case that the verdict form also included an option to find Stephens guilty of second-degree murder. A first-degree conviction would open the door to further hearings about whether to impose capital punishment.

The jury has had a tough job put in front of them. There are reasonable issues raised on both sides and, with no video footage, a lot of the state’s case came down to a prisoner who said he saw everything through a mirror he held out of his cell door.

Jurors heard testimony about conditions at the 175-year old jail on the hot July night that McGuinn was murdered. The old jail was described as being hot and muggy with the loud overhead blowers doing little to alleviate the heat and instead only adding to the overall din from the 45 inmates on the tier that night. The jurors also heard that on average, the cell block with its narrow catwalk had working light bulbs at about every fifth cell.

Unfortunately for the state, and the defense as well, McGuinn was working alone at the time of the attack and was not able to tell his colleagues who it was that ambushed him. The only witnesses both sides had were former inmates.

In court, during closing arguments, the defense pointed out that the state’s star witness only came forward to ID Stephens after he was picked up on federal firearms violations and facing 22 years in jail. Under a plea agreement, his cooperation with the prosecution could shave 12 years off of that time.

As for the defense’s witnesses, the prosecution likened them to a group of Stephens’ friends who would say anything to help him out.

With the blood evidence, DNA testing links blood found on clothing from Stephens’ cell shortly after the attack. Prosecutors say Stephens rushed back to his cell, tried to wash the blood off of the items and hide what couldn’t be washed. The defense said the area was covered in blood and between the splatter and cross-contamination by the first responders and investigators that was how the blood ended up on Stephens.

Jurors were scheduled to resume deliberations Wednesday morning.

Here are some news items to get the week started.

– It was the best of times; it was the worst of times — for lawyers.

– L.A. Dodgers pitch a defense in case of injured San Francisco Giants fan.

– How do you predict the court will rule on this objection?

– General Motors fought Ford, even as Eli battled Brady.

– Are ceilings in corporate legal offices still made of glass?

1. Judge Eyler to step down a little early — by Steve Lash

Court of Special Appeals Judge James R. Eyler will step down May 1, about 2½ months before the Maryland Constitution would compel his retirement at age 70.

“My intention has been to go into private mediation,” Eyler said last week in explaining his decision to retire early from the bench. “The sooner that occurs, the better. That is why I’m not waiting until July 13.”

Eyler, who has served on the intermediate appellate court since Jan. 9, 1996, said he would remain available after May 1 to hear cases by special assignment.

2. Mom with latex allergy wins in Court of Appeals — by Steve Lash

A private nursery school violated a Howard County statute by refusing to accommodate a mother’s request to stop using latex gloves when changing diapers, Maryland’s highest court has held.

In a 4-3 decision, the Court of Appeals said Lisa Meade’s severe latex allergy constituted a “handicap” under the county’s Human Rights Code because the condition “substantially limited …major life activities,” specifically socialization and parenting.

3.  House Judiciary Committee could undo counsel at bail review ruling — by Steve Lash

The House Judiciary Committee appears poised to undo a court ruling that indigent defendants have a statutory right to counsel when their bail is set — a right the public defender estimates would cost the state $28 million annually.

Each measure would soften the blow to criminal defendants by expressly giving them the right to counsel at bail review hearings, which occur the first business day after the initial hearing.

4. Mentally disabled to settle sex-abuse suit — by Ben Mook

The state has reached a settlement with two mentally disabled women who claimed they were subjected to rape and sexual abuse for years by their supervisors at a state-run workshop.

The settlement of $465,000 is subject to approval by the Maryland Board of Public Works, which is scheduled to vote on it on Feb. 8.

The settlement also calls for the creation of a task force to review existing regulations, policies and training programs on sexual harassment and sexual contact within state-run and state-licensed programs and facilities.

5. Court of Appeals postpones lawyers-at-bail order –by Steve Lash

With just hours to spare, Maryland’s top court has decided to wait almost two weeks before ordering that public defenders be provided to indigent suspects when a court commissioner sets their bail.

The Court of Appeals’ order, which was slated to be issued Friday, will not be issued until Feb. 16 at the earliest. The order, or mandate, gives effect to the top court’s Jan. 4 ruling that criminal defendants have a statutory right to counsel at initial bail hearings

Next weekend’s tournament is for undergraduate trial teams (meaning witnesses can score points) and has two rounds of competition each day. Judges’ meetings will begin at 9 a.m. for morning rounds and 1:30 p.m. for the afternoon rounds, with the trials beginning a half-hour after the meeting and lasting up to two-and-a-half hours.

“Judging undergraduate mock trial is a blast,” said Mark A. Graber, an associate dean and director of the mock trial in a statement. “You will see several of the top teams in the nation – including Johns Hopkins, American, Howard, Georgetown, and George Washington. You get to be the judge. And you really help our students.”

Judging is on a pro bono basis, but food and coffee is provided.

Interested lawyers can email Graber for more information.

– New York lawyer keeps low profile in high-profile cases.

– If this Texan wins, can federal tort-reform legislation be far behind?

– Los Angeles criminal defense attorney takes her own life.

– Kansas City, Kan.,  lawyer might show college basketball administrators a different kind of court.

– Generation J.D. blogger John Cord discusses an officer who flipped out over a Burger King order gone awry.

1. AG loses fight against Allstate — by Steve Lash

Maryland’s top court Wednesday upheld Allstate Insurance Co.’s decision to stop offering new homeowners’ policies in Southern Maryland, the Lower Eastern Shore and parts of Anne Arundel County due to the company’s potential for catastrophic financial losses if a hurricane hits that region.

In its 6-1 decision, the Court of Appeals said Allstate reasonably decided in 2006 not to issue new policies after concluding that a Category 4 hurricane — involving winds over 130 mph — would cause more than $237 million in property damage were it to make landfall in Worcester County.

2. Budget boost won’t cover lawyers at bail — by Steve Lash

Gov. Martin O’Malley’s proposed $1.1 million boost to the public defender’s budget next fiscal year is welcome, but falls short of the money the agency will need to comply with the decision that it must represent indigent defendants at initial bail hearings, said Maryland Public Defender Paul B. DeWolfe.

“It’s a massive undertaking that we’re trying to comply with,” DeWolfe said of the Court of Appeals’ Jan. 4 ruling in DeWolfe v. Richmond. The court’s mandate, or order requiring immediate compliance, is scheduled to be issued Feb. 2, he added.

3. Court of Appeals: Foreclosure trustee can’t add fee — by Steve Lash

Trustees handling a foreclosure sale cannot require a winning bidder to pay their attorneys’ fees for reviewing documents when the deed changes hands, the state’s highest court held Tuesday.

The Court of Appeals overturned the ratification of a foreclosure sale because the notice of sale included a $295 fee that, according to homeowner Bonnie Maddox, had become common practice by “one or more law firms that specialize in foreclosure practice” throughout the state.

Such a fee was not authorized in Maddox’s loan documents, is not authorized by the Maryland Rules and violates the trustee’s duty to get the best price it can for the property, the court said.

4. Top court affirms City Paper’s win in club owner’s defamation lawsuit — by Steve Lash

The Baltimore City Paper did not defame a former nightclub owner by reporting that some people thought he could have been involved in a double murder, Maryland’s highest court held Monday.

In what attorneys for both sides are calling a victory for news media, the unanimous Court of Appeals said Maryland’s fair reporting and commentary laws protect the newspaper and its reporter from liability for fair and accurate coverage based on court documents and testimony, even if the resulting articles contained potentially defamatory material.

5. ‘Patent troll’ case comes to Maryland — by Ben Mook

Eighteen years ago, inventor Daniel Abelow received a patent for technology that allows for “accessing, assembling and using bodies of information” via computer.

The Board on Tuesday “voted by an overwhelming majority” to support S.B. 241, which will be taken up by the Senate Judicial Proceedings Committee on Jan. 31. It was recommended by the MSBA’s Standing Committee on Laws and also has the backing of the Young Lawyers, Family and Juvenile Law, Elder Law, Estates and Trusts, Immigration and Delivery Services sections.

“I could not be prouder of our endorsement, which while protective of religious sensibilities and prerogatives, clearly and emphatically extends those civil rights embodied in our fundamental belief that ‘all men are created equal’ — and not simply ‘all heterosexual persons are created equal’ — to our entire citizenry,” said MSBA President Henry E. Dugan Jr. in a statement.

Maryland would become the seventh jurisdiction allowing same-sex marriage and lawmakers in several other states are also debating the issue. The Washington state Legislature is poised to pass its version of the bill.

Maryland has a “history of non-religious civil marriages that is and has been distinct and entirely separate from religious marriages, and this bill pertains exclusively to these civil marriages and the extensive civil rights that arise from those civil marriages,” Dugan said. “It is fair and just to all while injuring none.”

That’s where you come in.

The Daily Record wants your photographs of what’s happening in Maryland for a new feature, “Maryland Moment.” The photo could be related to the news of the day or it could be a shot right outside your window (or of your window, right). It can be an action shot or just something very adorable.

You can send us your photos by using the form here. We ask that the photos be of something from the last week or so; we don’t want photos of Fourth of July fireworks in February.

If we like your Maryland Moment, we’ll post it online where our Photo of the Day normally resides and might publish it in the print edition as well.

So happy picture-taking. We can’t wait to see what develops.

On a perhaps less serious note, here are some news items to help fill your Monday.

– The lead detective in last century’s “trial of the century” has died.

– Massachusetts lawyers seek $5 million boost in legal aid for indigent litigants.

– Trial begins over police tactic familiar to rodeo fans.

– The Mets need pitching — and lawyers.

The Top 5 stories are:

1. Lead-paint verdict against HABC overturned on appeal — by Melody Simmons

The $2.5 million lead-paint verdict that spurred a move to seize and auction vehicles owned by the Housing Authority of Baltimore City was reversed on appeal Thursday afternoon.