A convicted murderer has asked the U.S. Supreme Court to review and overturn his conviction because his attorney failed to request a jury instruction on the defense of alibi after four people testified at trial that he was most likely ...

Tagged with: Adnan Syed Alibi witness ineffective assistance of counsel jury instruction sixth amendment

Delving into the issue of deadly domestic violence, Maryland’s second-highest court ruled Friday that judges have the duty to decide whether to admit into evidence instances of past abuse that indicate defendants may have suffered from Battered Spouse Syndrome when ...

Tagged with: battered-spouse syndrome jury instruction self-defense voluntary manslaughter

A convicted killer’s bid for a new trial could depend on whether a judge’s notes or a court reporter’s transcript is to be believed. Maryland’s top court on Friday unanimously ordered a review of Mark Edmund Christian II’s February 2012 ...

Tagged with: court reporter judicial affidavit jury instruction trial transcript Unger v. State

Appellant presents the following questions for our consideration: I. Did the trial court err by refusing to instruct the jury on the defense of mistake of fact? II. Did the trial court err in instructing the jury on the defense of honest belief?

Tagged with: criminal procedure jury instruction Sept. Term 2013 Thieme Wicomico County

Appellant presents one issue for our review: whether the trial court committed plain error in failing to instruct the jury on the “claim of right” defense to the charge of theft.

Tagged with: baltimore city criminal procedure jury instruction Raker Sept. Term 2013 theft

I. Did the trial court commit plain error in failing to give a missing witness instruction? II. Is the evidence insufficient to sustain the robbery conviction?

Tagged with: criminal procedure jury instruction Prince George's County robbery Sept. Term 2013 sufficiency of the evidence Wright

Appellant’s contention is that the trial court erred by failing to give the Maryland Pattern Jury Instruction on mistake of fact, because she testified that she was unaware that she hit a person, and instead thought she hit a deer.

Tagged with: criminal procedure Graeff jury instruction Prince George's County Sept. Term 2012

1. Did the court abuse its discretion by qualifying a police officer as an expert in CDS identification, packaging, and sales when the officer had undergone no special training in that field and had never testified before as an expert? 2. Did the court plainly err by instructing the jury on “believable doubt” rather than reasonable doubt?

Tagged with: baltimore city criminal procedure expert testimony jury instruction reasonable doubt Salmon Sept. Term 2013

1. Whether the circuit court erred in admitting testimony that appellant underwent a neuropsychological evaluation for the purpose of obtaining disability benefits through the Social Security Administration. 2. Whether the circuit court erred in declining to give a jury instruction on susceptibility.

Tagged with: Berger damages jury instruction Montgomery County Motor torts Sept. Term 2013 torts

In a premeditated first-degree murder case, the trial court erred in not instructing the jury on the voluntary intoxication defense when that defense was generated by the evidence and the Defense requested the instruction.

Tagged with: Baltimore County criminal procedure jury instruction Sept. Term 2012 Thieme