Maryland Daily Record Maryland's trusted source for business and legal news

The Court of Appeals held Tuesday that a Prince George’s County zoning authority was permitted to delegate preparation of a draft order to its staff attorney and properly exercised original jurisdiction in an exception and variance case. The decision will ...

Tagged with: Court of Appeals Prince George's County walmart zoning

A woman suing her former employer for defamation after he reported her to the police for theft and fraud was not entitled to a stay of the civil suit to preserve her right against self-incrimination in a related criminal case, ...

Tagged with: Court of Appeals fifth amendment self-incrimination

Attorneys for Adnan Syed filed their petition for review with the Supreme Court Monday, arguing the case presents a straightforward issue despite its “eye-catching” nature, which has inspired podcasts and documentaries. The Maryland Court of Appeals reinstated Syed’s conviction in March, ...

Tagged with: Adnan Syed Court of Appeals Serial Supreme Court

Baltimore paramedics were not grossly negligent in failing to follow protocol in evaluating and transporting to Harbor Hospital a man who died of a heart attack shortly after arriving in the emergency room, a sharply divided Maryland high court ruled ...

Tagged with: gross negligence negligence paramedics

Office-supply giant Staples Inc. is urging the U.S. Supreme Court to review and strike down Maryland’s tax assessment on fees the Massachusetts-based company collects from its Maryland franchisees, saying such taxation of an out-of-state entity violates the Constitution’s Due Process ...

Tagged with: commerce clause due process franchise fee income tax royalty fee

A claim challenging a person’s involuntary commitment for mental health treatment does not end with the individual’s release from the facility, Maryland’s top court unanimously ruled Tuesday, citing the lasting social stigma and possible “collateral consequences” of having been institutionalized. ...

Tagged with: collateral consequences involuntary commitment mental health mootness social stigma

The smell of burnt marijuana emanating from a car may give police probable cause to search the vehicle but not to arrest and search the occupant unless the officers had probable cause to suspect he or she possessed at least ...

Tagged with: decriminalization fourth amendment marijuana probable cause search incident to arrest vehicle search

A Maryland appeals court has overturned a $45 million jury award to a company that has battled Harford County for nearly 30 years over the right to use its property as a rubble landfill. The state’s intermediate court ruled that ...

Tagged with: harford county just compensation Maryland Reclamation Associates rubble landfill statute of limitations Takings Clause

A criminal defendant’s resentencing after a successful appeal can lawfully result in the same period of incarceration, Maryland’s top court has unanimously ruled. However, the same post-appeal prison sentence cannot be coupled with an increase in the time the defendant ...

Tagged with: parole resentencing

The Maryland Department of the Environment validly imposed stormwater-protection standards on two counties more stringent than the counties’ population sizes would generally call for under the law and legitimately mandated that they reduce polluting discharges beyond “the maximum extent practicable,” ...

Tagged with: carroll county Clean Water Act frederick county maryland department of the environment MS4 stormwater