MARYLAND COURT OF APPEALS  Evidence, Frye/Reed analysis: Where the testimony of plaintiffs’ expert did not involve a “novel scientific method,” a Frye/Reed analysis was not required, as a prerequisite to the application of Rule 5-702, in order to determine the ...

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Constitutional Law Reporter’s testimony as to sources  BOTTOM LINE: In the criminal trial of a former CIA agent for unauthorized disclosure of classified information to a newsman, intended for publication in a book written by the newsman, the newsman did ...

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Evidence Frye/Reed analysis  BOTTOM LINE: Where the testimony of plaintiffs’ expert did not involve a “novel scientific method,” a Frye/Reed analysis was not required, as a prerequisite to the application of Rule 5-702, in order to determine the admissibility of ...

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Criminal Procedure Conditional release BOTTOM LINE: In a conditional release setting under CP §3-114(c), the determination of whether a patient poses a danger to himself or others must take into account proposed conditions of release. CASE: Hawkes v. State, No. ...

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Criminal Procedure, Conditional release: In a conditional release setting under CP §3-114(c), the determination of whether a patient poses a danger to himself or others must take into account proposed conditions of release. Hawkes v. State, No. 76, Sept. Term, 2012. 36 pages.

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Civil Procedure Remand BOTTOM LINE: Under the applicable federal statute allowing the U.S. District Court to remand a case to state court based on its lack of subject matter jurisdiction, the remand order is not reviewable on appeal or otherwise, ...

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BOTTOM LINE: The trial court erred in not instructing the jury that the existence of a hold-check agreement could have negated the intent required to convict defendant of obtaining property or services by passing a bad check.

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MARYLAND COURT OF APPEALS Criminal Procedure, Expectation of privacy: The circuit court properly denied a para-educator’s motion to suppress evidence found in his work desk at a public school; as the desk was unlocked and in an open area, the ...

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Civil Procedure Justiciability  BOTTOM LINE: Where plaintiff showed that the North Carolina’s investigation of his website caused plaintiff to curtail his online activity under threat of prosecution, plaintiff established the injury-in-fact requirement for standing for his claims that North Carolina ...

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Criminal Procedure Expectation of privacy  BOTTOM LINE: The circuit court properly denied a para-educator’s motion to suppress evidence found in his work desk at a public school; as the desk was unlocked and in an open area, the defendant had ...

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