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BY: Daily Record Staff
POSTED: January 16, 2012 Tags: 4th u.s. circuit court of appeals, Admiralty Law, confrontation clause, Corporations and Partnerships, criminal procedure, F.C. Wheat Maritime Corporation v. United States, opinions, rememdies, Rivers v. Wachovia Corporation, Stop-and-frisk
Admiralty Law Constructive loss BOTTOM LINE: Where plaintiffs’ yacht was damaged following an allision with an army vessel, doctrine of constructive loss applied to limit plaintiffs’ awardable damages to the market cost of the yacht, because the cost of repairing the yacht exceeded the yacht’s pre-casualty fair market value and plaintiffs did not prove that [...]
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BY: Daily Record Staff
POSTED: October 10, 2011 Tags: accomplice liability, baltimore city, capital punishment, confrontation clause, constitutional law, Court of Appeals, cox vs. state, criminal law, dissent, judicial age limit, maryland death penalty
Constitutional Law Capital punishment BOTTOM LINE: The Maryland death penalty statute, which allows the jury to find by a preponderance of the evidence that aggravating circumstances outweigh mitigating circumstances, did not violate defendant’s Sixth Amendment right to a jury trial. CASE: Miles v. State, No. 120, Sept. Term, 2007 (filed Sept. 20, 2011) (Judges Harrell, [...]
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BY: Daily Record Staff
POSTED: October 2, 2011 Tags: confrontation clause, constitutional law, Court of Appeals, Langley v. State, maryland, opinions
Constitutional Law Confrontation Clause BOTTOM LINE: The statements made during a 911 call were non-testimonial and therefore admissible under the Confrontation Clause because they were made during an ongoing emergency. CASE: Langley v. State, No. 51, Sept. Term, 2008 (filed Sept. 19, 2011) (Judges HARRELL, Battaglia, Adkins & Barbera) (Judges Bell, Greene &. Eldridge (retired, [...]
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BY: Daily Record Staff
POSTED: July 17, 2011 Tags: administrative law, confrontation clause, court of special appeals, discovery, maryland, opinions, Subject matter jurisdiction
Administrative Law Discovery BOTTOM LINE: The administrative Board erroneously excluded defendant-dentist’s expert witness summaries and testimony, and therefore, the Board’s finding that defendant violated several provisions of the Maryland Dentistry Act was vacated. CASE: Maryland State Board of Dental Examiners v. Tabb, No. 2463, Sept. Term, 2008 (filed June 30, 2011) (Judges Davis, WOODWARD and [...]
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BY: Daily Record Staff
POSTED: July 17, 2011 Tags: confrontation clause, Court of Appeals, court of special appeals, law digest, maryland, opinions
MARYLAND COURT OF APPEALS Administrative Law, Standing for judicial review: Petitioners lacked standing to maintain an action for judicial review of a final administrative decision by the Prince George’s County Council since petitioners did not reside in, have a property interest in or pay property taxes in the county. Gosain v. County Council of Prince [...]
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BY: Lawyers USA
POSTED: March 2, 2011 Tags: blood-alcohol, bullcoming v. new mexico, confrontation clause, convicted, donald bullcoming, dwi, jury, justice scalia, lab analyst, sixth amendment, Supreme Court, united states
WASHINGTON — Nearly two years after the U.S. Supreme Court ruled that a lab report introduced as criminal evidence is testimonial in nature, requiring the technician who prepared it to be available to testify, the justices are still wrangling with the Sixth Amendment issue. On Wednesday, the Court considered in Bullcoming v. New Mexico if [...]
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