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Tag Archives: criminal procedure

Law digest – 11/28/11

COURT OF SPECIAL APPEALS Civil Procedure, Discovery: In a medical malpractice action that some of the defendants settled prior to trial, those settlement amounts were not subject to discovery by the remaining defendants at the pre-verdict stage because the amounts ...

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Opinions – 11/14/11: Maryland Court of Appeals

Criminal Law Conspiracy to commit attempted armed robbery BOTTOM LINE: Because armed robbery statute proscribed both the commission of a robbery and the attempt to commit that offense, conspiracy to commit attempted armed robbery was a cognizable crime. CASE: Stevenson ...

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Opinions – U.S. 4th Circuit Court of Appeals

Criminal Procedure Sentence enhancements BOTTOM LINE: Defendant’s prior North Carolina convictions for taking of indecent liberties with a child were not “violent felonies,” for purposes of eligibility for sentencing enhancement under Armed Career Criminal Act, where each charging document alleged ...

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Opinions – 10/24/11: Maryland Court of Special Appeals

Criminal Procedure Waiver of Miranda rights BOTTOM LINE: Where defendant did not unequivocally invoke his right to counsel, he waived his Miranda rights and, therefore, the statement defendant made during his custodial interrogation by police was admissible at trial. CASE: ...

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Opinions – 9/26/11: Maryland Court of Special Appeals

Administrative Law Historic preservation BOTTOM LINE: Where homeowner obtained permission from city historic preservation commission to replace his front porch with wood columns, commission’s decision denying his application for after-the-fact certificate of approval of fiberglass columns was not premised on ...

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Opinions – Maryland Court of Appeals: 8/22/11

Contract Law Breach of actuarial contract BOTTOM LINE: Defendant breached contracts to provide actuarial services to plaintiff by repeatedly misinterpreting a data code associated with survivors’ benefits, entitling plaintiff to recover lost contributions and lost interest on those contributions. CASE: ...

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Opinions – 4th U.S. Circuit Court of Appeals: 8/22/11

Criminal Procedure Sentencing BOTTOM LINE: Where defendant’s sentence of 210 months imprisonment for cocaine-related offenses was imposed pursuant to a plea agreement rather than based on a Sentencing Guidelines range, defendant was not eligible for reduction of sentence based on ...

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Law digest: 8/8/11

COURT OF APPEALS Bankruptcy Law, Repossession: A creditor may repossess a car when a debtor has filed bankruptcy and failed to reaffirm the indebtedness if the creditor elected Credit Grantor Closed End Credit Provisions of the Commercial Law Article to ...

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