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Tag Archives: opinions

Opinions – Maryland Court of Special Appeals: 3/7/11 (access required)

Criminal Procedure Reach-in searches BOTTOM LINE: Where, police partially exposed defendants’ buttocks during searches incident to their arrests, searches were reasonable because they were “reach-in” rather than strip searches. CASE: Allen v. State, Smith v. State, Nos. 1963, 1968, Sept. ...

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Opinions – U.S. District Court Maryland – 2/28/11 (access required)

Civil Procedure Psychotherapist-patient privilege BOTTOM LINE: Confidential communications between a patient and a licensed social worker were subject to the psychotherapist-patient privilege. CASE: Richardson v. Sexual Assault/Spouse Abuse Resource Center, Inc., et al., No. 09-3404 (filed Feb. 8, 2011) (Judge ...

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Opinions – Maryland Court of Special Appeals: 2/28/11 (access required)

Contracts Arbitration clauses BOTTOM LINE: Because plaintiffs, who were non-signatories to a contract with an arbitration clause, did not directly benefit from the contract, and their claims against the defendants were not intertwined with that contract, the plaintiffs were not ...

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Opinions – Maryland Court of Appeals: 2/28/11 (access required)

Criminal Procedure Confessions BOTTOM LINE: Where an interrogating officer implies that a suspect will be given special consideration in exchange for a confession and the suspect confesses in apparent reliance on that inducement, the confession is involuntary and inadmissible at trial ...

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Opinions – Maryland Court of Appeals: 2/22/11 (access required)

Administrative Law Driver’s license suspension BOTTOM LINE: Driver’s license suspension was appropriate where the detaining officer afforded a drunk driving suspect a reasonable opportunity to consult counsel, and after failing to reach counsel, the suspect refused to take a breathalyzer ...

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Opinions – U.S. District Court, Maryland: 2/22/11 (access required)

Contracts Arbitration clause BOTTOM LINE: Borrower who defaulted on a loan and was sued was granted a motion to dismiss for lack of subject matter jurisdiction because the loan agreement incorporated a promissory note that contained a mandatory arbitration provision. ...

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Opinions – U.S. 4th Circuit Court of Appeals: 2/14/11 (access required)

Civil Rights Qualified immunity BOTTOM LINE: Police officers who suspected a man of child pornography lacked qualified immunity from suit for their no-knock entry into the man’s home, notwithstanding the fact that the man and his wife were licensed to ...

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Opinions – Maryland Court of Special Appeals: 2/14/11 (access required)

Criminal Procedure Terry stop BOTTOM LINE: The circuit court erred by denying defendant’s motion to suppress a gun found during the police officer’s Terry stop, because the officer, who patted down defendant based on furtive hand movements, failed to articulate ...

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Opinions – Maryland Court of Appeals: 2/7/11 (access required)

Criminal Law Weapons possession BOTTOM LINE: Defendant’s constitutional challenge to CL §4-203(a)(1)(i), which prohibits wearing, carrying or transporting a handgun without a permit and outside of one’s home, was rejected because the statute is outside of the scope of the ...

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