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Opinions – 10/24/13: Maryland Court of Special Appeals
Criminal Procedure Search and seizure BOTTOM LINE: Trial court properly ruled that the limited and immediate search of the defendant’s cell phone following a traffic stop was a valid search incident to arrest because screen saver and two photographs in cell phone provided evidence directly related to case the officer was investigating and needed to […]
Opinions – 10/16/13: Maryland Court of Special Appeals
Constitutional Law Void for vagueness doctrine BOTTOM LINE: Criminal Law §8-611, which prohibits the distribution, sale, and possession, with an intent to sell or distribute, items identified by a counterfeit mark, is sufficiently clear and its prohibitions sufficiently narrow and, that it was not unconstitutionally vague or overbroad as applied to defendant. CASE: McCree v. […]
Opinions – 10/9/13: Maryland Court of Special Appeals
Civil Procedure Commencement of action BOTTOM LINE: Psychotherapist’s filing of notice of deposition pursuant to Maryland Rule 2-404 for perpetuation of evidence from employer regarding alleged breach of contract, unjust enrichment, and other claims, did not constitute commencement of an “action” for statute of limitation purposes. CASE: Llanten v. Cedar Ridge Counseling Centers, LLC, No. [...]
Candidates for CSA vacancies sent to O’Malley
Gov. Martin O’Malley has on his desk the names of candidates for three vacancies on the intermediate Court of Special Appeals.
Opinions – 9/25/13: Maryland Court of Special Appeals
Administrative Law Revocation of medical license BOTTOM LINE: The Maryland Board of Physicians was authorized to pursue summary suspension and revocation of a physician’s license simultaneously and there was more than substantial evidence supporting the Board’s decision to revoke the physician’s license under HO §14-404(a)(3). CASE: Roane v. Maryland Board of Physicians, Nos. 271 & [&he[...]
Opinions – 9/18/13: Maryland Court of Special Appeals
Civil Procedure Attorneys’ fees BOTTOM LINE: Plaintiff was entitled to bad faith attorneys’ fees under Rule 1-341 against defendant, where defendant engaged in misconduct during the trial proceedings. CASE: Old Frederick Rd., LLC v. Wiseman, No. 2356, September Term, 2011 (filed Sept. 4, 2013) (Judges Woodward, ZARNOCH & Rodowsky (retired, specially assigned)). RecordFax No. 13-0904-05, [...]
Six apply to replace Watts on CSA
Six people have applied for the intermediate Court of Special Appeals seat left vacant when Gov. Martin O’Malley elevated Judge Shirley M. Watts to the state’s top court in July.
Opinions – 9/12/13: Maryland Court of Special Appeals
Criminal Procedure Restitution BOTTOM LINE: Trial court could not order defendant, who pleaded guilty to violating Maryland’s bad check law, to pay restitution arising from an unrelated home improvement case as a condition of probation for the bad check offense, since the losses suffered by victims in the home improvement cases were not the result, […]
Hospital not liable in ‘suicide-by-cop’ lawsuit
A Salisbury hospital cannot be held responsible for releasing a suicidal patient who goaded police into killing him later that night, the Court of Special Appeals has held.
DNA ‘match’ was inadmissible, Court of Special Appeals holds
Two men who were fighting charges of attempted murder were properly barred from presenting evidence that DNA from two other people had been collected from their getaway car, the Court of Special Appeals held.
Court of Special Appeals modifies plea deal in case from 2006
A Somerset County man does not have to pay restitution for three unrelated cases as part of his probation on a bad check conviction.
29 contend for new seats on appellate bench
Twenty-nine judges and attorneys are vying for two newly created seats on the Maryland Court of Special Appeals.
