Notwithstanding the Department of Corrections' written assurances to the contrary, there is currently a judgment requiring Doe to register as a sex offender—a judgment that, in light of Doe I and Doe II, is wrong.

Tagged with: baltimore city constitutional law criminal procedure Kehoe Sept. Term 2011

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.

Tagged with: Baltimore County constitutional law criminal procedure juries merger sentencing Sept. Term 2013 Sharer

A convicted rapist is urging the Supreme Court to reverse his conviction, saying the Maryland State Police violated the Fourth Amendment by checking the DNA in perspiration he left on a chair while voluntarily answering questions at an MSP station.

Tagged with: constitutional law dna

A clever tweet that probably will set off alarm bells in the minds constitutional law scholars.

Tagged with: constitution constitutional law

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 ...

Tagged with: constitutional law Law legal news maryland maryland court of appeals opinions

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 ...

Tagged with: constitutional law freedom of speech maryland maryland court of appeals opinions

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. ...

Tagged with: constitutional law maryland maryland court of appeals opinions Search & seizure

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals constitutional law criminal procedure opinions tax law zoning

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals constitutional law maryland opinions

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals constitutional law opinions qualified immunity