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. ...

Tagged with: baltimore city capital punishment confrontation clause constitutional law criminal law 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 ...

Tagged with: confrontation clause constitutional law maryland maryland court of appeals opinions

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 ...

Tagged with: administrative law confrontation clause discovery maryland Maryland Court of Special Appeals opinions

MARYLAND COURT OF APPEALS Administrative Law, Standing for judicial review: Petitioners lacked standing to maintain an action for judicial review of a final administrative decision by the Prince George’s County Council since petitioners did not reside in, have a property ...

Tagged with: confrontation clause law digest maryland maryland court of appeals Maryland Court of Special Appeals opinions

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 ...

Tagged with: confrontation clause convicted dwi jury justice scalia Supreme Court united states