Tag Archives: opinions

Opinions – 3/12/12: Maryland Court of Special Appeals

Real Property Presumption of aggrievement BOTTOM LINE: As adjacent property owners, plaintiffs were considered prima facie aggrieved by defendant’s proposed construction and operation of a creamery, in violation of an agricultural preservation easement held by Maryland Agricultural Land Preservation Foundation, ...

Read More »

Opinions – 3/5/12: Maryland Court of Special Appeals

Administrative Law Line-of-Duty Disability Benefits BOTTOM LINE: Preexisting degenerative disc disease did not disqualify police officer from line-of-duty disability due to an injury sustained while working in the line of duty, because officer otherwise met the statutory requirements for such ...

Read More »

Opinions – 3/5/12: Maryland Court of Appeals

Constitutional Law Right to counsel in post-conviction proceedings BOTTOM LINE: Criminal defendant had no right to counsel in post-conviction collateral proceedings, and therefore circuit court did not abuse its discretion in allowing defendant to discharge counsel and continue pro se ...

Read More »

Opinions – 3/5/12: 4th U.S. Circuit Court of Appeals

Constitutional Law Right to bear arms BOTTOM LINE: Criminal statute prohibiting a felon from possessing a firearm was constitutional on its face and as applied to defendant who had multiple criminal convictions for common-law robbery and assault with a deadly ...

Read More »

Opinions – 2/27/12: Maryland Court of Appeals

Criminal Procedure Competency BOTTOM LINE: Following the dismissal of felony charges because defendants remained incompetent after five years, their re-indictments on the same charges, as well as their continued confinement under criminal commitments based on such re-indictments, violated CP §§3–106 ...

Read More »

Opinions: 2/21/12: 4th U.S. Circuit Court of Appeals

Civil Procedure Attorneys’ Fees BOTTOM LINE: Although defendant prevailed against EEOC in lawsuit alleging violations of Title VII of Civil Rights Act, district court properly denied defendant’s motion for attorneys’ fees because the court reasonably determined that EEOC’s claim was ...

Read More »