Tag Archives: opinions

Opinions – 10/24/13: 4th U.S. Circuit Court of Appeals

Criminal Law Crimes of violence  BOTTOM LINE: Defendant’s second-degree assault conviction did not constitute a predicate “violent felony” supporting a statutory sentencing enhancement because, under the applicable traditional categorical approach, Maryland’s second-degree assault statute reaches any unlawful touching, whether violent ...

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Opinions – 10/24/13: Maryland Court of Special Appeals

Criminal Procedure Search and seizure  BOTTOM LINE: Trial court properly ruled that the limited and immediate search of the defendant’s cell phone following a traffic stop was a valid search incident to arrest because screen saver and two photographs in ...

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Opinions – 10/24/13: Maryland Court of Appeals

Civil Procedure Preservation for appeal  BOTTOM LINE: Defendant waived right to assert on appeal lack of probable cause for police search leading to defendant’s ultimate arrest and conviction because claim was not raised or decided in circuit court and record ...

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Opinions – 10/16/13: Maryland Court of Special Appeals

Constitutional Law Void for vagueness doctrine  BOTTOM LINE: Criminal Law §8-611, which prohibits the distribution, sale, and possession, with an intent to sell or distribute, items identified by a counterfeit mark, is sufficiently clear and its prohibitions sufficiently narrow and, ...

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Opinions – 10/9/13: Maryland Court of Special Appeals

Civil Procedure Commencement of action  BOTTOM LINE: Psychotherapist’s filing of notice of deposition pursuant to Maryland Rule 2-404 for perpetuation of evidence from employer regarding alleged breach of contract, unjust enrichment, and other claims, did not constitute commencement of an ...

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Law digest – 10/2/13

MARYLAND COURT OF APPEALS  Civil Procedure, Attorneys fees: Trial court improperly employed the ERISA fee-shifting test in deciding whether to award attorneys’ fees and costs to plaintiff under the Wage Payment and Collection Law. Ocean City Chamber of Commerce, Inc. ...

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