Allowing trial judges to unilaterally reclassify the status of an individual’s driver’s license and bypass the MVA system severely impedes the ability of the MVA to monitor which Maryland-licensed drivers are currently permitted to drive.

Tagged with: Berger criminal procedure driver's license juries Montgomery County probation Sept. Term 2013 voir dire

Following denial of what he claimed was his “fourth” motion to correct an illegal sentence, Kitchen presents four questions which are reducible to one: Was the verdict invalid, and hence the sentence illegal, because the clerk did not poll the foreman when polling the jury as to their verdict?

Tagged with: baltimore city Berger criminal procedure juries sentencing Sept. Term 2013

Freedom complied with the loss mitigation requirements of 24 C.F.R. §203.604 by reasonably attempting to arrange a face-to-face interview before initiating foreclosure proceedings, and conducted the sale before an order granting the borrower's motion to stay was docketed.

Tagged with: Berger foreclosure mediation Prince George's County Real Estate Sept. Term 2013

Stopped by police acting on a tip from a confidential informant, appellant argued that the stop and subsequent frisk were not justified because the officers lacked individualized suspicion that he was armed and dangerous.

Tagged with: Berger criminal procedure Sept. Term 2013 Wicomico County

On appeal, Reyes asserts that the evidence was insufficient to sustain his convictions for attempted first-degree sexual offense and first-degree assault

Tagged with: Berger first-degree assault Montgomery County Sept. Term 2013 sufficiency of the evidence

1. Whether the circuit court erred in admitting testimony that appellant underwent a neuropsychological evaluation for the purpose of obtaining disability benefits through the Social Security Administration. 2. Whether the circuit court erred in declining to give a jury instruction on susceptibility.

Tagged with: Berger damages jury instruction Montgomery County Motor torts Sept. Term 2013 torts

Washington Gas asks that we order the Commission to instruct BGE to return over-collected funds to suppliers. It asks whether the Commission exceeded its statutory authority, employed unlawful procedure, or acted arbitrarily or capriciously when setting certain discount rates to zero for Years 2 and 3 of the Purchase of Receivables program.

Tagged with: administrative law arbitrary and capricious baltimore city Berger BGE Maryland Public Service Commission Sept. Term 2013 utilities

In a felony murder trial, the court committed plain error by failing to instruct the jury as to the elements of the predicate felonies of robbery or attempted robbery.

Tagged with: Berger criminal procedure jury instruction Prince George's County robbery Sept. Term 2013

Detective Fata contends he was prohibited from mounting a proper defense to perjury, misconduct in office and workers’ compensation fraud, due to evidence erroneously admitted for the purpose of impeaching Fata.

Tagged with: baltimore city Berger evidence fraud impeachment perjury Sept. Term 2013 worker's compensation

Appellants contend that the Baltimore County Circuit Court erred in imposing discovery sanctions on them without first holding a hearing on their motion to enforce settlement agreement.

Tagged with: Baltimore County Berger litigation need for a hearing Sept. Term 2013