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Tag Archives: fifth amendment

Md. lawyers recall Justice Stevens as forceful, thoughtful, bright (access required)

Thirty years ago, the attorney for a missing Baltimore baby argued for a U.S. Supreme Court ruling that would force the mother to reveal the youngster’s whereabouts despite her asserted constitutional right against self-incrimination. Mitchell Y. Mirviss said Thursday that ...

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Justices decline challenge to Md. county’s development-impact fees (access required)

The U.S. Supreme Court on Monday declined to hear an Anne Arundel County property owner’s argument the county’s statutory assessment of development-impact fees on people who build homes on their land is a taking of property for which the Constitution requires they be justly compensated.

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Owner challenging Anne Arundel Co. fee makes final plea to Supreme Court (access required)

In a final plea that the U.S. Supreme Court hear his appeal, an Anne Arundel County property owner argued the county’s statutory assessment of development-impact fees on people who build homes on their land is a taking of property for which the Constitution requires they be justly compensated.

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Md. high court weighs state’s questioning of defendant’s silence (access required)

Court of Appeals

Prosecutors violated the constitutional rights of a subsequently convicted first-degree murderer by questioning him at trial about what he did not tell police after invoking his right to remain silent, a defense attorney told Maryland’s top court Tuesday.

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Md. Court overturns conviction on Fifth Amendment grounds (access required)

A prosecutor’s opening statement to the jury that the defendant “will tell you” about his setting fires doomed the state’s case from the start, Maryland’s top court has unanimously ruled in overturning a man’s conviction for trying to set his ex-girlfriend’s family car ablaze. The statement likely fueled the Prince George’s County jurors’ expectation that William Simpson would testify in his own defense – thus making him appear guilty when he exercised his federal and state constitutional privilege not to testify, the Court of Appeals said.

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Supreme Court’s ‘Miranda’ ruling leaves lawyers guessing (access required)

The U.S. Supreme Court’s splintered ruling allowing a witness’ pre-arrest silence to be introduced at trial — its latest decision carving out more of the contours of defendants’ well-known right to remain silent — seemed at first blush to be a devastating blow to defense attorneys and their clients.

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