Tag Archives: confrontation clause

Md. lawyers recall Justice Stevens as forceful, thoughtful, bright

Retired Supreme Court Justice John Paul Stevens prepares to testify in 2014 on the ever-increasing amount of money spent on elections as he appears before the Senate Rules Committee on Capitol Hill in Washington. Stevens, the bow-tied, independent-thinking, Republican-nominated justice who unexpectedly emerged as the Supreme Court's leading liberal, died Tuesday, July 16, 2019, in Fort Lauderdale, Fla., after suffering a stroke Monday. He was 99. (AP Photo, File)

Thirty years ago, the attorney for a missing Baltimore baby argued for a U.S. Supreme Court ruling that would force the mother to reveal the youngster’s whereabouts despite her asserted constitutional right against self-incrimination. Mitchell Y. Mirviss said Thursday that ...

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DNA analyst must testify, Md. high court rules

Criminal defendants have a constitutional right to cross-examine a DNA analyst whose report puts them at the crime scene “within a reasonable degree of scientific certainty,” Maryland’s top court has held in overturning the attempted murder and armed-robbery convictions of a man whose DNA was allegedly found on the mask the criminal used.

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I. Was defendant's constitutional right to speedy trial violated? II. Were appellant’s confrontation rights violated by admission of laboratory results on blood alcohol concentration without testimony of persons who drew his blood and the analyst(s) who analyzed it?

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Opinions – 1/17/12: 4th U.S. Circuit Court of Appeals

Admiralty Law Constructive loss BOTTOM LINE: Where plaintiffs’ yacht was damaged following an allision with an army vessel, doctrine of constructive loss applied to limit plaintiffs’ awardable damages to the market cost of the yacht, because the cost of repairing ...

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Opinions – 10/11/11: Maryland Court of Appeals

Constitutional Law Capital punishment BOTTOM LINE: The Maryland death penalty statute, which allows the jury to find by a preponderance of the evidence that aggravating circumstances outweigh mitigating circumstances, did not violate defendant’s Sixth Amendment right to a jury trial. ...

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Opinions – 10/3/11: Maryland Court of Appeals

Constitutional Law Confrontation Clause BOTTOM LINE: The statements made during a 911 call were non-testimonial and therefore admissible under the Confrontation Clause because they were made during an ongoing emergency. CASE: Langley v. State, No. 51, Sept. Term, 2008 (filed ...

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Opinions – Maryland Court of Special Appeals: 7/18/11

Administrative Law Discovery BOTTOM LINE: The administrative Board erroneously excluded defendant-dentist’s expert witness summaries and testimony, and therefore, the Board’s finding that defendant violated several provisions of the Maryland Dentistry Act was vacated. CASE: Maryland State Board of Dental Examiners ...

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Supreme Court confronts case of substitute lab analyst

WASHINGTON — Nearly two years after the U.S. Supreme Court ruled that a lab report introduced as criminal evidence is testimonial in nature, requiring the technician who prepared it to be available to testify, the justices are still wrangling with ...

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