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criminal procedure

Feb 9, 2015

SHEA HAYES v. STATE OF MARYLAND

Upon remand, the court must, in accordance with CP § 8-301(a)(1), evaluate whether the newly discovered evidence claimed by Mr. Hayes “creates a substantial or significant possibility that the result [of the trial] may have been different.”

Feb 9, 2015

ROBERT LEROY SEDGWICK v. STATE OF MARYLAND

1. Does appellant’s commitment order correctly reflect the sentence imposed by the trial court? 2. Was the evidence sufficient to support appellant’s conviction for second degree assault? 3. Did the trial court abuse its discretion in declining to ask appellant’s requested voir dire questions?

Feb 6, 2015

CSA: Jody Lee Miles’ appeal of death sentence is moot

However, Miles has another challenge pending. Filed In Queen Anne's County the same day as the executive order, he opposes the commutation and seeks to continue his appeals in hope of a life sentence with the possibility of parole.

Feb 6, 2015

MICHAEL IVAN WILLIAMS v. STATE OF MARYLAND

Twenty-three years after he was convicted of murder, and after other attempts at post-conviction relief had failed, Mr. Williams filed a Petition for Actual Innocence. The circuit court dismissed the petition, without a hearing, on the grounds that it failed to satisfy several procedural requirements. On appeal, Mr. Williams contends that the circuit court erred in dismissing his petition without [...]

Feb 6, 2015

DEMARR JONES v. STATE OF MARYLAND

Convicted of a murder conspiracy and other crimes, appellant claims violations of statutory and constitutional speedy trial rights as well as evidentiary rules governing hearsay.

Feb 6, 2015

ERIC G. DAY v. STATE OF MARYLAND

Day contests the motions court’s ruling that he lacked standing to challenge the seizure of the handgun from the motel room he paid for. The State agrees.

Feb 6, 2015

WARREN JACKSON v. STATE OF MARYLAND

Appellant contends that the motions court erred because he was subject to the functional equivalent of interrogation without the benefit of having been read his rights pursuant to Miranda v. Arizona,

Feb 6, 2015

CHARLES LEE GASTIGER, JR. v. STATE OF MARYLAND

Appellant’s contention is that theft by possession of stolen goods is not a direct result of a victim’s loss, thus restitution is improper. We agree.

Feb 6, 2015

JAMONTE FLETCHER v. STATE OF MARYLAND

Appellant argues that a reasonable person would not feel free to leave when the officers approached him and activated their emergency lights on their patrol cars. The officer’s show of authority did not ripen into a seizure because the officers had not restrained appellant physically nor had appellant submitted to the officers’ show of authority.

Feb 5, 2015

CHADWICK LESTER v. STATE OF MARYLAND

Appellant claims his Harford County convictions are a nullity, and hence his sentences illegal, because he was not brought to trial within 120 days after he had filed, under the Maryland Intrastate Detainer Act (“IDA”), a request for final disposition of the charges.

Feb 5, 2015

NATHAN WHITE v. STATE OF MARYLAND

The officer who conducted the traffic stop of Appellant’s vehicle had a reasonable suspicion, if not also probable cause, to stop the vehicle based on his observation of Appellant’s vehicle spinning its wheels and his knowledge that Appellant’s license was suspended.

Feb 5, 2015

CALVIN PARNELL v. STATE OF MARYLAND

Calvin Parnell, appellant, filed a pro se Petition for Writ of Error Coram Nobis and Motion to Vacate Guilty Pleas, arguing that in 2000, he “unintelligently, unknowingly, and involuntarily” entered into a guilty plea agreement, which resulted in the collateral consequence of an increased minimum sentence in a subsequent federal court proceeding.

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