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Law Digest

Law Digest — Md. Court of Special Appeals — July 15, 2021

Maryland Court of Special Appeals Criminal Procedure; Breath test procedures: Where defendant charged with driving under the influence challenged the admissibility of the breath test results on the grounds that the troopers who administered the test failed to comply with ...

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Law Digest — Md. Court of Appeals — July 1, 2021

Maryland Court of Appeals Criminal Procedure; Appeal from district court to circuit court: Where defendant’s appeal from the district court to the circuit court for a trial de novo was dismissed after defendant failed to appear for a hearing, circuit ...

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Law Digest — Md. Court of Appeals — June 24, 2021

  Maryland Court of Appeals Criminal Procedure; Sentencing: The defendant’s conviction for the crime of possession of an assault weapon did not merge into his conviction for possession of a firearm by a convicted drug felon under the required evidence ...

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Law Digest — Md. Court of Appeals — June 17, 2021

Maryland Court of Appeals Criminal Procedure; Search and seizure: Where police obtained a court order pursuant to §1-203.1 of the Criminal Procedure Article that authorized the placement of a tracking device on the defendant’s vehicle for 30 days, and police ...

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Law Digest — Md. Court of Appeals — June 10, 2021

Maryland Court of Appeals Criminal Procedure; Petition for writ of actual innocence: Where petitioner, who was serving a life sentence for a 1991 murder conviction, sought post-conviction relief based upon newly-discovered evidence that the State’s ballistics expert who testified at ...

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Law Digest — US 4th Circuit and Md. Court of Special Appeals — May 27, 2021

U.S. Court of Appeals for the 4th Circuit Employment Law; Same-sex sexual harassment: Where male worker sued employer for sexual harassment following persistent abuse by male coworkers, which included sexually-charged ridicule and homosexual references, district court erred in granting summary judgment ...

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Law Digest — 4th US Circuit and Md. Court of Special Appeals — May 20, 2021

U.S. Court of Appeals for the 4TH Circuit Criminal Law; Abusive language: Defendant’s conviction under Virginia statute which criminalizes abusive language reversed because the First Amendment permits criminalization of abusive language only if the Government proves the language had a direct ...

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Law Digest — Court of Appeals, Court of Special Appeals — May 13, 2021

Maryland Court of Appeals Tax Law; Vendors: Prior to the 2015 amendment to the sales and use tax, §11-102(a) of the Tax–General Article, which specifically included “accommodations intermediary” into the statutory definition of “vendors” liable to pay sales and use ...

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Law Digest — Court of Appeals — May 6, 2021

Maryland Court of Appeals Real Property; Pleadings: Where property occupants alleged that the defendant property owners violated Real Property Article §7-113(b) by making threats of eviction without first making a reasonable inquiry as to whether the properties were abandoned, their ...

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