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Law digest: 7/18/11

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 George’s County, Maryland, No. 26, Sept. Term, 2008. RecordFax No. 11-0622-20.

Administrative Law, Driver’s license suspension: At a license suspension hearing, the Motor Vehicle Administration was not required to establish, nor was the judge required to find, that the officer stopped the suspected drunk driver on a highway or publicly-used private property, because the implied consent statute applies to any driver who avails himself of the privilege of driving on Maryland’s roadways. Motor Vehicles Administration v. Loane, No. 52, Sept. Term, 2010. RecordFax No. 11-0622-21.

Criminal Procedure, Penalty provisions of criminal statutes: A statute criminalizing conduct but not containing a related penalty provision cannot constitute a crime. Evans v. State, No. 72, Sept. Term, 2010. RecordFax No. 11-0630-20.

Criminal Procedure, Jury instructions: Jury instruction not objected to in manslaughter trial that erroneously defined state’s burden of proof warranted exercise of plain error review on appeal. Savoy v. State, No. 120, Sept. Term, 2009. RecordFax No. 11-0623-20.

Negligence, Duty to non-employee: Because defendant did not owe a duty of care to the decedent as a “creating employer,” regulations promulgated under the Federal Occupational Safety and Health Act or the Maryland Occupational Safety and Health Act were inadmissible as evidence of the standard of care. C&M Builders, LLC v. Strub, No. 77, Sept. Term, 2010. RecordFax No. 11-0623-21.

COURT OF SPECIAL APPEALS

Administrative Law, Discovery: 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. Maryland State Board of Dental Examiners v. Tabb, No. 2463, Sept. Term, 2008. RecordFax No. 11-0630-01.

Constitutional Law, Confrontation Clause: The statements in a sexual assault forensic examiner nurse’s report, whether factual or otherwise, were testimonial and, as such, were inadmissible because defendant never had an opportunity to cross-examine the person who prepared the report, in violation of defendant’s Sixth Amendment right to confrontation. Green v. State, No. 383, Sept. Term, 2009. RecordFax No. 11-0630-02.

Criminal Procedure, Subject matter jurisdiction: Where grand jury indictment against defendant did not include a charge of assault with intent to commit murder but trial proceeded as if defendant had been so charged, circuit court’s conviction of defendant for the crime was not void for lack of subject matter jurisdiction and was merely an improper exercise of jurisdiction, the only remedy for which was a direct and timely appeal. Johnson v. State, No. 3117, Sept. Term, 2007. RecordFax No. 11-0630-00.