Please ensure Javascript is enabled for purposes of website accessibility

Law Digest

Law Digest — Maryland Court of Appeals — Dec. 27, 2018

Court of Appeals Administrative Law, Implied consent law: Under the Maryland statute commonly known as the implied consent, administrative per se law, Md. Code Ann., Transp. (1977, 2012 Repl. Vol., 2018 Supp.) §16-205.1, which provides for the automatic suspension of ...

Read More »

Law Digest — Maryland Court of Special Appeals — Dec. 20, 2018

Court of Special Appeals Administrative Law, Summary decision: The administrative law judge did not err in granting summary decision dismissing a father’s administrative appeal of an indicated child neglect finding following the father’s guilty plea to a related criminal charge that ...

Read More »

Law Digest — Maryland Court of Special Appeals — Dec. 13, 2018

Court of Special Appeals Criminal Procedure, Search & seizure: Drug-detection dog’s alert to presence of drugs in defendant’s car was sufficient to establish probable cause to search car, even though dog did not provide final, trained alert that drugs were ...

Read More »

Law Digest — Maryland Court of Appeals — Dec. 6, 2018

Court of Appeals Criminal Procedure, Law of the Case Doctrine: Law of case doctrine did not bar trial court from considering issue as to sentence’s legality that appellate court had not resolved, because Crim. Law §1- 202—which provides that punishment ...

Read More »

Law Digest — Maryland Court of Special Appeals — Nov. 29, 2018

Court of Special Appeals Administrative Law, Law Enforcement Officer’s Bill of Rights: Although the Law Enforcement Officer’s Bill of Rights (“LEOBR”), codified in Maryland Code, Public Safety Article §§101-113, prohibits the use of the results of a polygraph examination as ...

Read More »

Law Digest — Maryland Court of Special Appeals — Nov. 22, 2018

Court of Special Appeals Negligence, Duty to warn: Where the wife of an employee who worked with an asbestos-containing product died due to malignant mesothelioma contracted after years of washing the employee’s dirty work clothes and her survivors and estate ...

Read More »

Law Digest — Maryland Court of Special Appeals — Nov. 15, 2018

Court of Special Appeals Criminal Law, Self-defense: Although a criminal defendant charged with first-degree murder, second-degree murder, and felony murder produced “some evidence” sufficient to generate a self-defense jury instruction when he claimed to be afraid for his life when ...

Read More »

Law Digest — Court of Appeals and Court of Special Appeals — Nov. 8, 2018

Court of Appeals Criminal Procedure, Motion for new trial: The trial court erred in denying the defendant a hearing on his motion for a new trial due to newly discovered evidence pursuant to Maryland Rule 4-331 where the defendant sufficiently ...

Read More »

Law Digest – Maryland Court of Appeals and Court of Special Appeals – Oct. 25, 2018

Court of Special Appeals Criminal Procedure, Bail review: By setting two defendants’ bail without considering alternative non-financial conditions or assessing the defendants’ abilities to satisfy financial conditions, the circuit court violated the revised Maryland Rules governing pretrial release of defendants, ...

Read More »

Law Digest – Maryland Court of Appeals and Court of Special Appeals – Oct. 18, 2018

Court of Special Appeals Criminal Procedure, Sentencing: Where a defendant was granted the opportunity to file a belated motion for modification of sentence following a successful post-conviction proceeding pursuant to the Uniform Postconviction Procedure Act, the circuit court had the ...

Read More »