The State did not introduce evidence sufficient to prove beyond a reasonable doubt that Mr. Jenkins used a handgun in the shooting; his conviction for use of a handgun in the commission of a crime of violence is reversed.Read More »
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.Read More »
Leonard Mullikin appeals from his conviction for second-degree murder. He asks us to apply plain error review to errors he identifies in the circuit court’s jury instructions and to improper statements made by the State in closing argument.Read More »
Did the trial court commit plain error in failing to instruct the jury that they must be unanimous as to the act on which the second degree assault verdict is based where [appellant] was charged with one count of second degree assault and the State presented evidence of multiple acts of assault?Read More »
COURT OF SPECIAL APPEALS Criminal Procedure, Jury instructions: The circuit court erred by refusing to submit the charge of fourth-degree burglary to the jury, where the evidence was legally sufficient for defendant to be convicted of either third-degree burglary or ...
Tagged with: 4th U.S. Circuit Court of Appeals criminal procedure family law Jury instructions Labor & Employment law digest Maryland Court of Special Appeals opinions statute of limitations worker's compensationRead More »
Administrative Law Medical licensing BOTTOM LINE: Where physician failed to disclose existence of a pending malpractice action against him on his license renewal application, physician violated ethics rules by falsely indicating that he was not involved in a medical malpractice ...Read More »
Administrative Law Appeals BOTTOM LINE: In a declaratory judgment action in which plaintiff raised administrative procedure issues relating to defendant’s standing to challenge a decision by the County Planning Board, the Court of Appeals was unable to reach the issues ...Read More »