Md. high court finds harmless error exception to mandatory voir dire question
A judge’s failure to ask prospective jurors if they respect a criminal defendant’s constitutional right not to testify is generally rendered harmless if the defendant does in fact take the stand at trial, a divided Maryland high court ruled this week. In it 5-2 decision, the Court of Appeals said such a testimonial exception exists […]
Maryland high court will weigh exception to mandatory voir dire question
Maryland’s top court will consider if judge’s failure to ask prospective jurors if they respect defendants' right not to testify is harmless if they do testify.
Md. Senate panel weighs bill lifting jury ban on ex-convicts
Criminal defense and plaintiffs’ attorneys battled prosecutors Friday over legislation to repeal Maryland’s prohibition on ex-convicts who were imprisoned for more than a year from serving on juries. Appearing before a Senate panel, the sides also squared off on a provision of Senate Bill 625 that would permit those charged with a crime punishable by […]
Senate gives initial OK to bill extending protective orders to acquaintances
ANNAPOLIS – The Senate gave preliminary approval Friday to a bill that would enable alleged victims of sexual assault to seek protective court orders against acquaintances who allegedly attacked them. The measure would broaden existing law, which permits alleged victims to seek protection orders in district court against family members or romantic partners. Current law […]
Court finds plaintiff waived 5th amendment right in civil case
A woman suing her former employer for defamation after he reported her to the police for theft and fraud was not entitled to a stay of the civil suit to preserve her right against self-incrimination in a related criminal case, the Court of Appeals ruled Friday. Kristi Heffington and her husband sued Ronald F. Moser, his wife […]
State’s questioning of defendant’s silence spurs Court of Appeals review
ANNAPOLIS – Maryland’s top court will consider whether prosecutors violated the constitutional rights of a subsequently convicted first-degree murderer by questioning him at trial about what he did not tell police after invoking his right to remain silent. The Court of Appeals last week agreed to hear Clement Reynolds’ argument that the prosecution’s questioning of […]