Appellate procedure — Untimely appeal — Dismissal On September 26, 2013, the Circuit Court for Alleghany County granted the appellee, Bobby Shearin’s, motion to dismiss the 42 U.S.C. § 1983 complaint filed by the appellant, Christopher McCann. The appellant then filed an untimely appeal from the circuit court’s decision. Therefore, pursuant to Md. Rule 8-602(a)(3), […]
Criminal procedure — Writ of habeas corpus — Right to counsel On May 30, 2012, Appellant, Lester Chadwick, filed a petition for writ of habeas corpus in the Circuit Court for Harford County against Gregg L. Hershberger, then-warden of the Roxbury Correctional Institution in Hagerstown, Maryland, alleging, among other things, that the State violated his […]
TORTS -- FALSE ARREST -- PROBABLE CAUSE TO ARREST Matthew B. Rose was arrested in the early morning hours of August 22, 2012 based on Officer Maunda Williams’s belief that Mr. Rose had participated in a high-speed car chase with police. As it turns out, Officer Williams mistook Mr. Rose for a passenger in the car that he and his fellow officers ultimately cut off, but his mistake only became [...]
CRIMINAL PROCEDURE -- WRIT OF ACTUAL INNOCENCE -- RIGHT TO REPLY TO STATE'S RESPONSE In 1998, Lye Huat Ong, appellant, pleaded guilty, in the Circuit Court for Howard County, to two counts of child abuse and one count of sexual offense in the second degree and was thereafter sentenced to concurrent terms of imprisonment. His application for leave to appeal from that guilty plea was denied. Ong [...]
CRIMINAL PROCEDURE -- EXPUNGEMENT -- SINGLE UNIT OF CRIME ----- Even though two robberies occurred within a short period of time on the same day they were separate events. Each robbery occurred at a different location and involved completely unrelated victims. Accordingly, Appellant is entitled to the expungement of counts 1 through 8 of an indictment.
TORTS -- FAILURE TO PROPERLY TRAIN OFFICES -- SOVEREIGN IMMUNITY -- Rudolph Bell Jr., appellant, brought suit, in the Circuit Court for Baltimore City, against the Baltimore City Police Department (“BCPD”) and “several unidentified” police officers who shot and killed his father, Rudolph Bell Sr. Bell Jr.’s complaint alleged that the BCPD was negligent in failing to properly train its of[...]
Convicted of three counts of first-degree murder and three counts of use of a handgun in the commission of a crime of violence, Marcus William Tunstall appeals the denial by the Circuit Court for Prince George’s County of his petition for writ of actual innocence without a hearing.
Because we conclude that McNeil’s petition was based on evidence that he had obtained in time to file a motion for a new trial, we hold that his petition failed to state a claim for a writ of actual innocence
Upon remand, the court must, in accordance with CP § 8-301(a)(1), evaluate whether the newly discovered evidence claimed by Mr. Hayes “creates a substantial or significant possibility that the result [of the trial] may have been different.”
Convicted of a murder conspiracy and other crimes, appellant claims violations of statutory and constitutional speedy trial rights as well as evidentiary rules governing hearsay.
Day contests the motions court’s ruling that he lacked standing to challenge the seizure of the handgun from the motel room he paid for. The State agrees.
Appellant contends that the motions court erred because he was subject to the functional equivalent of interrogation without the benefit of having been read his rights pursuant to Miranda v. Arizona,