Appealing his first-degree murder conviction, appellant asks: I. Whether the trial court erred or abused its discretion in admitting evidence regarding the extent of appellant’s gang involvement. II. Whether the trial court abused its discretion by limiting the defense’s cross-examination of a prosecution witness.

Tagged with: baltimore city criminal procedure cross-examination evidence Hotten prior bad acts Sept. Term 2013

Under the circumstances of this case, a proper assessment and balancing of the Barker factors lead us to conclude that Aseneh’s constitutional speedy trial right under the Sixth Amendment was violated. The delay was of a constitutional dimension; the reasons for the delay, if not neutral, were more often chargeable to the State; Aseneh regularly asserted his right to a speedy trial; and although the delay did not cause prejudice to Aseneh’s defense, it did cause prejudice to his person.

Tagged with: baltimore city criminal procedure Sept. Term 2013 speedy trial Wright

Because a defendant may not be convicted on the uncorroborated testimony of an accomplice, appellant argues the court should have instructed the jury to consider whether those two witnesses were accomplices and whether their evidence was corroborated.

Tagged with: criminal procedure dorchester county evidence jury instruction Reed Sept. Term 2013

Where the prosecution sought to introduce a photograph of a burglary suspect wearing gloves when arrested, did the fact that the photograph showed him in handcuffs make the photo inadmissible?

Tagged with: criminal procedure evidence Montgomery County relevance Sept. Term 2013 Thieme

Appellant contends that none of the tolls or other expenses that were used to calculate the restitution order were direct results of the crime for which he was convicted—unauthorized use— as it was complete when he drove away from the hotel.

Tagged with: criminal procedure harford county Kehoe restitution sentencing Sept. Term 2013

Several years ago this Board wrote a column titled, “Letting Criminals Loose to Become Killers.” It was a reaction to the senseless death of Stephen Pitcairn at the hands of John Wagner, who was on probation at the time of the murder.

Tagged with: criminal procedure Legal Commentary maryland

Did the circuit court err in finding (1) that appellant waived his right to coram nobis relief, and (2) that appellant’s guilty plea was made knowingly and voluntarily?

Tagged with: Baltimore County criminal procedure guilty plea Reed Sept. Term 2014 writ of error coram nobis

Convicted of two counts of possession with intent to distribute cocaine, appellant asserts that the sentence enhancement provision of Md. Crim. §5-608(b) cannot be applied lawfully to both convictions.

Tagged with: criminal procedure illegal sentence Sept. Term 2013 Woodward worcester county

Convicted of robbery with a deadly weapon and related crimes, appellant's challenges focus on his waiver of a jury trial, the sufficiency of his indictment, evidentiary rulings and denial of motion for mistrial.

Tagged with: Baltimore County criminal procedure evidence Sept. Term 2013 waiver of jury trial Woodward

Saying the justice system should favor substance over form, a federal judge has called for changes in U.S. to ensure long-held convicts can seek new trials based on evidence of actual innocence.

Tagged with: convictions criminal procedure legal news Prison