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Legal digest: 1/24/11

MARYLAND COURT OF SPECIAL APPEALS

Criminal Law, Deposits on New Homes subtitle: The evidence was insufficient to support the defendant’s conviction for failing to deposit money into escrow in violation of the Deposits on New Homes subtitle, because that subtitle does not include construction loan transactions where the land and the new residential unit were not conveyed simultaneously. Coleman v. State, No. 1559, Sept. Term, 2009. RecordFax No. 12-1228-01

Criminal Law, Indecent exposure: Because the indecent exposure statute did not preempt the field of cases concerning indecent exposure committed by inmates in the correctional system, the defendant was properly charged with both common law indecent exposure and the statutory offense of indecent exposure by an inmate in the presence of a correctional officer. Genies v. State, No. 753, Sept. Term, 2009. RecordFax No. 12-1228-03

Criminal Procedure, Sentencing: Where one of the consecutive sentences imposed for multiple convictions was invalidated, the next valid consecutive sentence began at the time set for the commencement of the invalidated consecutive sentence. Butcher v. State, No. 0620, Sept. Term, 2009. RecordFax No. 10-1222-01

Criminal Procedure, Waiver of right to counsel: Defendant waived his right to counsel by inaction because he was adequately advised of the charges against him and he had no meritorious reason for failure to retain counsel by start of trial. Peterson v. State, No. 0686, Sept. Term, 2009. RecordFax No. 12-1228-10