ANNAPOLIS – A sharply divided Maryland high court ruled Friday that trial judges must ask prospective jurors – when requested by defense counsel – whether they can presume the defendant is innocent, require the prosecution to prove its case beyond ...
Tagged with: defendant's rights jury selection voir dire
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States may impose upon their counties stormwater pollution-prevention standards more stringent than those called for under the federal Clean Water Act, the Maryland Department of the Environment stated Thursday in urging the U.S. Supreme Court to turn aside Carroll County’s ...
Tagged with: carroll county chesapeake bay Clean Water Act maryland court of appeals preemption stormwater pollution Supreme Court
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Federal prosecutors are seeking review of an appellate decision that invalidated their method of searching potentially privileged law firm files last year. Prosecutors seized files and emails from Brown, Goldstein & Levy LLP last year as part of an investigation into ...
Tagged with: 4th Circuit appeals Attorney-client privilege brown goldstein levy llp search warrant
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The Maryland Attorney General’s Office on Monday urged the U.S. Supreme Court not to hear a convicted armed robber’s argument that his conviction should be overturned because his defense attorney failed to exclude from the jury a juror who acknowledged ...
Tagged with: Adnan Syed ineffective assistance of counsel sixth amendment
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ANNAPOLIS — Attorneys for a convicted human trafficker and for the state grappled at Maryland’s top court Friday with whether a person’s name can be placed on the state’s Sex Offender Registry for a crime against a child when the ...
Tagged with: child sex abuse human trafficking sex offender registry
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ANNAPOLIS — Police have probable cause to arrest someone for marijuana possession and to search him or her if they clearly smell the drug on the person – even though possession of less than 10 grams of marijuana is not ...
Tagged with: 4th Amendment marijuana marijuana odor probable cause Search and seizure
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In a final plea that the Supreme Court hear their Second Amendment appeal, Maryland gun-rights advocates stated Wednesday that law-abiding citizens have the same constitutional right to carry handguns outside their homes for protection as the justices said they do ...
Tagged with: District of Columbia v. Heller good and substantial reason Handgun permit Second Amendment
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The estate of a pregnant woman stabbed to death by her husband in front of a Baltimore courthouse is urging the U.S. Supreme Court to review and overturn a ruling that police officers cannot be sued under federal civil rights ...
Tagged with: domestic violence federal civil rights police misconduct
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Administrative law judges must defer to a police officer’s reasonable belief that the motorist behind the steering wheel during a traffic stop was driving the car when the alleged violation occurred moments earlier, Maryland’s top court has unanimously held in ...
Tagged with: administrative law driver's license suspension traffic stop
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A divided Maryland high court last week reinstated a man’s first-degree felony murder conviction, saying his attorney’s failure to request a jury instruction on the defense of alibi did not affect the jurors’ guilty verdict — even though four people ...
Tagged with: Adnan Syed. Sixth Amendment alibi defene ineffective assistance of counsel Jury instructions
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