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Law digest – 1/9/14
MARYLAND COURT OF APPEALS Criminal Procedure, Harmless error: The intermediate appellate court misapplied the harmless error standard in analyzing the trial court’s restriction of defendant’s cross-examination of a State’s witness regarding his expectation of leniency in a violation-of-probation proceeding. Dionas v. State, No. 75, Sept. Term, 2011. RecordFax No. 13-1210-21, 27 pages. Prof[...]
Top court explains why 17-year-olds can vote in primaries
The state constitution "is not in conflict with" the election law allowing 17-year-olds to vote in primary elections, according to the Court of Appeals.
Top court cuts $4M from ex-CareFirst executive’s golden parachute
A former CareFirst executive lost a $4 million battle on Friday when Maryland’s top court unanimously held that he was entitled to just $2.7 million of the $6.7 million termination package his employment contract had provided.
Editorial Advisory Board: Collateral damage in the war on leaks
There is a “war on leaks” being waged by the U.S. Department of Justice and it’s generating serious collateral damage to the freedom of the American press to gather and report the news. Revelations that DOJ secretly subpoenaed the telephone records of The Associated Press (AP) and executed a search warrant for email communications between a Fox News reporter and his source are more than chil[...]
Retroactive sex-offender registry struck down
A man who was convicted of sexual offenses committed before 1995 cannot be ordered to be listed on the state sex offender registry, which went into effect that year, Maryland’s top court ruled Monday.
Private-school student not eligible for services, 4th Circuit affirms
Baltimore’s public school system is not required to provide a private-school student with educational services for attention deficit hyperactivity disorder and anxiety, a federal appellate court held Wednesday.
Supreme Court: Floating home is not a boat
WASHINGTON — The Supreme Court ruled Tuesday that a Florida man’s floating home was a house, not a boat, and not covered under maritime law, in a case that could affect thousands of people around the country who make their home on floating structures in marinas, bays and coves. The high court ruled 7-2 for […]
$45M award affirmed in Iraqi cell phone suit
A telecommunications company owes its former joint venture partner more than $45 million for fraudulently inducing it to invest in a cell phone network in Iraq, a Maryland appellate court has held.
Appeals court upholds $300K award in foreclosure rescue fraud
An Annapolis-based mortgage broker owes the victim of a foreclosure-rescue scheme $300,000, including $150,000 in punitive damages and $80,000 in attorney’s fees, an appellate court has held.
Appeals court strikes down Defense of Marriage Act
The 2nd U.S. Circuit Court of Appeals held Thursday that the Defense of Marriage Act violates the Constitution's equal protection guarantee.
Chief Justice Roberts has eye on DNA
U.S. Chief Justice John G. Roberts Jr. strongly indicated Monday that the Supreme Court wants to review a Maryland high court decision generally barring police from collecting DNA samples from people arrested for committing or attempting to commit a violent crime.
On health care and democracy
The country is buzzing over the Supreme Court’s ruling on the constitutionality of the Patient Protection and Affordable Care Act, or PPACA. (Obamacare actually sounds better). Proponents celebrated the decision as a watershed event for our nation and the 30 million Americans who will now have health insurance under the law. The legislation’s detractors jeered […]
