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Tag Archives: confrontation clause

Defendants have greater right under Md.’s Constitution than U.S., high court says

The Maryland Constitution gives criminal defendants a greater right to confront prosecution witnesses than guaranteed under the federal Constitution, Maryland’s top court said Thursday in holding that the accused have a state constitutional right to cross-examine the authors of damning ...

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

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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ANTONIO ROBERT PEDZICH v. STATE OF MARYLAND

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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