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Tag Archives: constitutional law

GARY STOKES v. STATE OF MARYLAND (access required)

By twice indicating his acceptance and satisfaction with the jury as empaneled, without qualification, appellant waived appellate review of his claim that the State exercised its peremptory challenges in violation of Batson; however, his convictions should have merged for sentencing purposes.

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Opinions – 5/9/13: Maryland Court of Appeals (access required)

Constitutional Law Preemption of local tobacco regulation  BOTTOM LINE: State law occupies field of regulating packaging and sale of tobacco products, and thus impliedly preempted county ordinances regulating packaging, sale and distribution of cigars. CASE: Altadis U.S.A., Inc. v. Prince ...

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Opinions – 4th U.S. Circuit Court of Appeals: 8/27/12 (access required)

Constitutional Law Freedom of speech BOTTOM LINE: Statutory ban on falsely assuming or pretending to be a law enforcement officer was not unconstitutionally overbroad and did not violate defendant’s First Amendment right to freedom of speech because defendant failed to ...

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Opinions – 8/6/12: Maryland Court of Appeals (access required)

Constitutional Law Search & seizure BOTTOM LINE: 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. ...

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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 ...

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Opinions – 6/11/12: 4th U.S. Circuit Court of Appeals (access required)

Civil Procedure Preservation of sufficiency of evidence challenge BOTTOM LINE: Where party moved orally for judgment as a matter of law for insufficiency of evidence under Federal Rules of Civil Procedure 50(a) after opposing party’s presentation of the evidence, renewed ...

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Opinions – 4/2/12: 4th U.S. Circuit Court of Appeals (access required)

Constitutional Law Qualified immunity BOTTOM LINE: Defendant employees of county sheriff’s department were entitled to qualified immunity from liability for violation of anti-abortion organization’s First Amendment rights by requesting protesting organization to remove graphic anti-abortion signs, because it was not ...

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