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Tag Archives: criminal procedure

PHILLIP HERRELL v. STATE of MARYLAND

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.

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SEBASTIAN K. ASENEH v. STATE OF MARYLAND

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.

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