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Tag Archives: criminal procedure

JERMAINE A. MORRIS v. STATE OF MARYLAND

If the General Assembly had intended to make a 10-year or 25-year sentence enhancement a prerequisite to a 40-year sentence enhancement, it would have expressly required a previous term of confinement of 10 or 25 years. It did not do so. Sentencing appellant as a fourth-time offender fulfilled the legislature’s intent to punish more harshly recidivist felony drug offenders.

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REGINALD STEPHONE TUCKER v. STATE OF MARYLAND

Appellant filed a petition for a writ of actual innocence and requested a hearing. Appellant asserted that the court improperly instructed the jury as to the mens rea required for the crime of attempted murder. The court denied appellant’s petition without a hearing. Appellant presents one issue: Whether the lower court erred by failing to grant a hearing on the merits.

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Top court reinstates kidnapper’s violation-of-probation conviction

Convicts released on probation must comply with the “lawful instructions” of their probation agents, Maryland’s top court has unanimously ruled in sending a convicted kidnapper and sex offender back to prison to serve out the remaining six years of his 20-year sentence.

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GARY STOKES v. STATE OF MARYLAND

By twice indicating his acceptance and satisfaction with the jury as empaneled, without qualification, appellant waived appellate review of his claim that the State exercised its peremptory challenges in violation of Batson; however, his convictions should have merged for sentencing purposes.

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