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Tag Archives: due process

Developer loses constitutional challenge to MoCo zoning change

The 4th U.S. Circuit Court of Appeals, housed at the Lewis F. Powell Jr. U.S. Courthouse in Richmond, xxx (U.S. General Services Administration)

Montgomery County did not violate a developer’s constitutional rights by adopting a water system amendment to a master zoning plan, changes that devalued the planned development, a federal appeals court ruled last week. In its reported 3-0 decision, the 4th ...

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Md. appeals court upholds curfew on hookah lounges

Hookah lounges

Baltimore County did not violate the constitutional rights of hookah-lounge owners by requiring them to close their establishments by midnight each night, Maryland’s second-highest court ruled Wednesday. In its reported 3-0 decision, the Court of Special Appeals called the ordinance ...

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Judge acted as prosecutor at murder trial, Md. high court says

Maryland Court of Appeals Judge Clayton Greene, Jr. in 2007. (The Daily Record / Maximilian Franz.)

A unanimous Maryland high court Thursday refused to reinstate a first-degree murder conviction in Baltimore, saying the judge violated the defendant’s due-process rights by reopening the trial – on his own motion – so the state could present damaging palm-print ...

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Judge rejects bid to block Md. bump-stock ban from taking effect

FILE - In this Feb. 1, 2013, file photo, an employee of North Raleigh Guns demonstrates how a "bump" stock works at the Raleigh, N.C., shop. The gunman who unleashed hundreds of rounds of gunfire on a crowd of concertgoers in Las Vegas on Monday, Oct. 2, 2017, attached what is called a "bump-stock" to two of his weapons, in effect converting semiautomatic firearms into fully automatic ones. (AP Photo/Allen Breed, File)

Maryland’s recently enacted ban on attachments that enable guns to fire more rapidly will go into effect as scheduled Oct. 1 after a federal judge Friday rejected a bid from gun-rights advocates to block enforcement of the law while its constitutionality remains in litigation.

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Judge’s reopening of murder trial draws Md. high court’s attention

The Court of  Appeals building.
(Maximilian Franz/The Daily Record)

A defense attorney urged Maryland’s top court Wednesday not to reinstate a first-degree murder conviction, saying the judge violated the defendant’s due-process rights by reopening the trial – on the jurist’s own motion -- so the state could present damaging palm-print evidence.

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