Law digest – 8/6/12
COURT OF SPECIAL APPEALS Constitutional Law, Search & seizure: Defendant’s Fourth Amendment rights were not violated where police had reasonable articulable suspicion to initiate a traffic stop of the vehicle in which defendant was a passenger and probable cause to arrest him. Ray v. State, No. 1444, September Term, 2011. RecordFax No. 12-0702-01, 50 pages. […]
Opinions – 8/6/12: 4th U.S. Circuit Court of Appeals
Bankruptcy Law Household size BOTTOM LINE: In determining a Chapter 13 debtor’s household size, the bankruptcy court should not use the Census Bureau’s method of “heads on beds,” under which all children and step-children automatically count as full-time residents; rather, the court should apply an “economic unit” test, which considers how many individuals’ income and […]
4th Circuit: Computer fraud law doesn’t cover misuse
An employee did not violate the federal computer fraud statute by “misusing” proprietary information that he downloaded from his work laptop before leaving his former employer, the 4th U.S. Circuit Court of Appeals has affirmed. The appellant, Willie “Mike” Miller, worked for WEC Carolina Energy Solutions as an energy project director. He resigned his position […]
Week in review – 8/3/12
Caesars OK’d for casino A state commission on Tuesday approved a slot machine license for Caesars Entertainment to build a casino in Baltimore. The unanimous vote for the Baltimore casino grants the fifth and final casino license allowed under state law. It came more than 3½ years after voters approved a constitutional amendment to allow […]
4th Circuit reinstates law on concealed-carry permits
An appellate court has stopped the clock from ticking on a federal judge’s order that gave Maryland two weeks to change the rules for obtaining a permit to carry a concealed weapon.
4th Circuit affirms sheriff’s convictions, sentence
COLUMBIA, S.C. — A former South Carolina sheriff on Tuesday lost an appeal challenging his conviction and 17-year sentence in a drug conspiracy case. In an unpublished opinion, the 4th U.S. Circuit Court of Appeals wrote that former Lee County Sheriff E.J. Melvin hadn’t made strong enough arguments that a trial court judge should have […]
Opinions – 7/30/12: 4th U.S. Circuit Court of Appeals
Constitutional Law Compelled non-commercial speech BOTTOM LINE: City ordinance requiring limited-service pregnancy centers to post signs disclaiming that they did not provide or make referral for abortion or birth control services violated pregnancy center’s right to free speech, because ordinance was content-based restriction compelling non-commercial speech and was not narrowly tailored to ser[...]
Immigrant’s win could lead to deportation
What looked like the second win in three months for a Nigerian immigrant might yet open the door to his deportation. In May, the 2nd U.S. Circuit Court of Appeals overturned a deportation order against Temitope Akinsade ...
Law digest – 7/30/12
MARYLAND COURT OF APPEALS Criminal Procedure, Illegal sentence: Defendant’s conviction and sentence for assault with intent to murder were illegal because that crime was not contained in the indictment returned by the grand jury. Johnson v. State, No. 84, September Term, 2011. RecordFax No. 12-0710-21, 26 pages. Professional Responsibility, Disbarment: Disbarment was the appropriate sanction [&h[...]
Quest for handgun-permit stay heads to 4th Circuit
In a motion filed late Friday, Attorney General Douglas F. Gansler asked the 4th U.S. Circuit Court of Appeals to keep Maryland’s handgun-permit process in place while he challenges a ruling that would force the state to rewrite it. Gansler’s motion says a stay is necessary before “taking the extraordinary step of invalidating a 40-year-old […]
Despite appeal, Maryland must change handgun permit law
The state has two weeks to change its handgun-permit process, under a ruling by the same U.S. District Court judge who found the current law violates the constitutional right to keep and bear arms.
Law digest – 7/23/12
COURT OF SPECIAL APPEALS Criminal Procedure, Jury instructions: The circuit court erred by refusing to submit the charge of fourth-degree burglary to the jury, where the evidence was legally sufficient for defendant to be convicted of either third-degree burglary or the lesser included offense of fourth-degree burglary. Bass v. State, No. 2971, Sept. Term, 2010. […]