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Tag Archives: criminal procedure

Law digest – 7/23/12

COURT OF SPECIAL APPEALS Criminal Procedure, Jury instructions: The circuit court erred by refusing to submit the charge of fourth-degree burglary to the jury, where the evidence was legally sufficient for defendant to be convicted of either third-degree burglary or ...

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Law digest – 7/16/12

MARYLAND COURT OF APPEALS Criminal Procedure, Post-conviction relief: Defendant was not entitled to post-conviction relief to re-litigate the allegation that the trial court erred by excluding expert testimony, because that issue had already been finally litigated and cases decided after ...

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Opinions – 7/16/12: Maryland Court of Appeals

Criminal Procedure Post-conviction relief BOTTOM LINE: Defendant was not entitled to post-conviction relief to re-litigate the allegation that the trial court erred by excluding expert testimony, because that issue had already been finally litigated and cases decided after his trial ...

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Law digest: 7/9/12

Administrative Law, Driver’s license suspension: In overturning a driver’s license suspension based on driving while intoxicated, the circuit court improperly ruled that the officer had to indicate, on the Motor Vehicle Administration form, the reasonable grounds for the underlying stop ...

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Law digest: 6/18/12

MARYLAND COURT OF APPEALS Criminal Procedure, Post-Conviction Procedure Act: Defense counsel’s failure to object to the advisory nature of the trial judge’s jury instructions at defendant’s trial did not amount to deficient representation, and the lack of objection to the ...

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Opinions – 6/4/12: Maryland Court of Appeals

Criminal Procedure Maryland Wiretapping and Electronic Surveillance Act BOTTOM LINE: Because the “listening post” where the law enforcement officers first heard communications intercepted from defendant’s cell phone was within the geographical jurisdiction of the circuit court issuing the ex parte ...

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Law digest: 6/4/12

MARYLAND COURT OF APPEALS Criminal Procedure, Maryland Wiretapping and Electronic Surveillance Act: Because the “listening post” where the law enforcement officers first heard communications intercepted from defendant’s cell phone was within the geographical jurisdiction of the circuit court issuing the ...

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Law digest: 5/29/12

MARYLAND COURT OF APPEALS Alternative Dispute Resolution, Statute of limitations: While non-binding arbitration, mandated by an employment contract, may have constituted a condition precedent to litigation, pursuing arbitration neither postponed the accrual of the underlying breach of contract claims, nor ...

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Opinions – 5/14/12: Maryland Court of Special Appeals

Criminal Procedure Inculpatory custodial statements BOTTOM LINE: Inculpatory statements given to police by suspect in custody after he had invoked his right to counsel should have been suppressed from evidence at trial because the State did not satisfy its burden ...

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