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Tag Archives: criminal procedure

Md. House strips spousal privilege from post-crime weddings

The Maryland State House. (The Daily Record / Maximilian Franz)

The protection criminal defendants have against their spouses testifying against them would not apply in cases when the wedding occurred after the alleged crime was committed, under legislation the House of Delegates passed Tuesday. With the House’s 120-11 vote, attention ...

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Md. bill would strip spousal privilege from post-crime weddings

Del. Luke Clippinger, D-Baltimore city and chair of the House panel, asked whether spousal privilege would nevertheless still apply -- and protect newlywed criminal defendants -- if the crime committed before marriage was part of a continuing course of illegal conduct that continued after the wedding. (The Daily Record/File Photo)

The protection criminal defendants have against their spouses testifying against them would not apply in cases when the wedding occurred after the alleged crime was committed under legislation the House Judiciary Committee considered Thursday. The longstanding “spousal privilege” against testifying ...

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Md. high court: Defense’s victim-blaming opening cannot be rebutted

“Here, we unequivocally hold that, despite the circumstance – and our recognition – that jury nullification sometimes occurs, jury nullification is not authorized in Maryland and a jury does not have the right to engage in jury nullification,” Judge Shirley M. Watts wrote for the high court majority. (The Daily Record/File Photo)

A defense attorney’s opening statement blaming the victim of a violent crime does not “open the door” for the prosecutor to present evidence of the victim’s peaceful demeanor, Maryland’s top court unanimously ruled in a murderer’s appeal Friday. Rather, the ...

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Failure to disclose pretrial ID yields murder conviction reversal

Court of Appeals

Maryland prosecutors need not tell defense attorneys when a state’s witness has identified a co-defendant before trial – unless that identification would assuredly incriminate the defendant, a divided Maryland high court has ruled in reversing a first-degree murder conviction. In ...

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Md. Court of Appeals: Plea agreement does not impact illegal sentence correction

The Court of Appeals builiding in Annapolis. MF-D 9/20/04.

A circuit court can properly use its revisory power to add probation to a partially-suspended life sentence so that it would not be an illegal term — even when the sentence came as part of a plea agreement, Maryland’s top court has ...

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Familiar criminal law, procedure bills had mixed results in 2017 session

Del. Kathleen M. Dumais, D-Montgomery. (File photo)

Bills affecting evidence in sexual assault trials, opioid distribution charges, shielding of criminal records and the enforcement powers of the Office of the Comptroller all returned to the General Assembly in 2017 with varying degrees of success. Legislation to allow ...

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