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Law Digest

Law Digest – Maryland Court of Special Appeals – Oct. 19, 2017

Court of Special Appeals Criminal Procedure, Custody requirement for post-conviction relief: Defendant’s appeal from circuit court’s denial of his petition for post-conviction relief was denied because, where defendant had completed serving his sentence during the pendency of his appeal, defendant’s ...

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Law Digest – Maryland Court of Appeals – Oct. 5, 2017

Court of Appeals Constitutional Law, Conflict preemption: The Maryland real property statute providing that a court ruling on a landlord-tenant dispute must conclude that a breach of a lease is “substantial and warrants an eviction” before granting the landlord judgment ...

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Law Digest – Maryland Court of Appeals – Sept. 28, 2017

Court of Appeals Criminal Law, Imperfect self-defense: Where a criminal defendant accused of murdering her husband presented evidence that her husband physically abused her throughout their 24-year marriage, that his abuse had escalated in the weeks preceding his death, and ...

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Law Digest – Maryland Court of Appeals – Sept. 21, 2017

Court of Appeals Civil Procedure, Declaratory judgment: Where a declaratory judgment action was filed in the circuit court when there was already pending another action between the same parties concerning substantially the same issues as the declaratory judgment action, the ...

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Law Digest – Maryland Court of Appeals – Sept. 14, 2017

Court of Appeals Criminal Procedure, Preliminary examination: Where circuit court dismissed misdemeanor charges against defendant because he was means of criminal information without a preliminary, judgment of the Court of Special Appeals, which reversed the judgment of the circuit court, ...

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Law Digest – Maryland Court of Appeals – Aug. 31, 2017

Contract Law, Indemnification: Where the contract between the parties provided expressly for the payment of attorney’s fees, and it ties payment of those fees expressly to an action for breach of the contract, the contract contained sufficient language to authorize ...

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Law Digest – Maryland Court of Special Appeals – Aug. 17, 2017

Court of Special Appeals Criminal Procedure, Petition for writ of actual innocence: Following the defendant’s conviction of felony murder and burglary, the Court of Special Appeals vacated the judgment of the circuit court denying the defendant’s petition for writ of ...

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