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Law digest: 2/7/11

MARYLAND COURT OF APPEALS

Criminal Law, Weapons possession: Defendant’s constitutional challenge to CL §4-203(a)(1)(i), which prohibits wearing, carrying or transporting a handgun without a permit and outside of one’s home, was rejected because the statute is outside of the scope of the Second Amendment’s right to bear arms. Williams v. State, No. 16, Sept. Term, 2010. RecordFax No. 11-0102-20

Criminal Procedure, Waiver of counsel: The defendant’s failure to request an indigency inquiry did not amount to a waiver of her right to counsel, since the trial court was required to conduct an independent inquiry to determine if the defendant was entitled to court-appointed counsel. State v. Walker, No. 48, Sept. Term, 2010. RecordFax No. 11-0121-23

Evidence, Admissibility of testimony: The trial court did not err in admitting the testimony of the investigating detective regarding a key witness who struck a deal with the State, since the testimony did not infringe upon the jury’s fact-finding obligation. Tyner v. State, No. 51, Sept. Term, 2010. RecordFax No. 11-0121-24

Healthcare Law, Subpoena for medical records: Physician who failed to comply with a subpoena for patient records was subject to a reprimand and fine because neither he nor the patients took action to challenge the subpoena, such as filing a motion to quash or a motion for a protective order. Maryland State Board of Physicians v. Eist, No. 110, Sept. Term 2007. RecordFax No. 11-0121-20

MARYLAND COURT OF SPECIAL APPEALS

Immigration, Retroactivity of law: The Supreme Court decision in Padilla v. Kentucky did not apply retroactively to defendant’s case and, therefore, defendant’s 1999 guilty plea was valid, even though he was not advised, prior to acceptance of his plea, of the immigration consequences attendant to his plea. Miller v. State, No. 1907, Sept. Term, 2009. RecordFax No. 10-1229-02