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Tag Archives: jury instruction

Baltimore killer urges justices to hear ineffective-assistance claim (access required)

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 ...

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Court reverses conviction, cites flawed battered-spouse instruction (access required)

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 ...

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Killer’s appeal comes down to judge’s notes or trial transcript (access required)

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 ...

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MARTIN McCLAIN A/K/A MARTIN McLAIN v. STATE OF MARYLAND (access required)

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?

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PATRICIA MAREK v. OLGA CARBALLO, ET AL.

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.

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