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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 ...

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 ...

Tagged with: law digest

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 ...

Tagged with: law digest

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 ...

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 ...

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, ...

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 ...

Court of Appeals Professional Responsibility, Disbarment: Disbarment was the appropriate sanction for a Maryland attorney who intentionally engaged in dishonest conduct and misused trust money as part of an advanced fee scam with clients and who subsequently misrepresented the existence ...

Court of Appeals Administrative Law, Acquisition of public utility: The Maryland Public Service Commission, which is charged with reviewing the proposed acquisition of an electric company in the State to ensure that the acquisition is “consistent with the public interest, ...

Court of Special Appeals Estates & Trusts, Will construction: To determine the meaning of clauses in a will appearing to limit the right of the testator’s wife to recover under the will, the circuit court properly considered undisputed evidence about ...