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Law digest – 12/17/14


Administrative Law, State construction projects: State properly concluded that it could consider a novel specification, the inclusion of a Project Labor Agreement, as one factor when evaluating technical proposals for a State construction project without triggering the rulemaking process of the Administrative Procedure Act, since a novel specification included in a single RFP, without more, does not change existing procurement law or formulate a new policy of widespread application or future effect. Balfour Beatty Construction v. Maryland Department of General Services, No. 957, Sept. Term, 2013. RecordFax No. 14-1202-02, 40 pages.

Criminal Procedure, Confessions: Circuit court properly denied defendant’s motion to suppress his confession to law enforcement officers on the basis that the confession was involuntary, because the officers made no explicit promises to defendant and a reasonable layperson in the defendant’s position would not have inferred from the officers’ statements that he could gain the advantage of non-prosecution or leniency by confessing to “consensual” anal intercourse with a four-year-old child. Smith v. State, No. 2653, Sept. Term, 2012. RecordFax No. 14-1201-00, 24 pages.

Evidence, Hearsay statement of a minor victim: Before calling the doctor who had examined the minor victim to testify as to the minor victim’s hearsay statements at defendant’s criminal trial for sex abuse of a minor, trial court conducted a sufficient hearing during which the court considered all the evidence adduced and reasonably found that the victim’s statement contained particularized guarantees of trustworthiness. Reece v. State, No. 234, Sept. Term, 2013. RecordFax No. 14-1202-01, 28 pages.

Labor & Employment, Collective bargaining agreements: Contrary to the State Board of Education’s interpretation of the law, a collective bargaining agreement between a county board of education and the labor representative for support employees can legally include a requirement providing for arbitration of disputes regarding the discharge of such employees; the Court of Special Appeals therefore reversed circuit court decision that the arbitration provision in parties’ collective bargaining agreement was illegal and nonbinding. Howard County Education Association-ESP, Inc. v. Bd. of Ed. of Howard County, No. 0009; Howard County Education Association-ESP, Inc. v. Bd. Of Ed. of Howard County, No. 0054, Sept. Term, 2013 (filed Dec. 1, 2014). RecordFax No. 14-1201-01, 31 pages.