The court did not abuse its discretion in finding that appellant had failed to act with due diligence to discover the alleged newly discovered evidence within one year after the imposition of his sentence. Second, the court did not abuse its discretion in ruling that McArthur failed to demonstrate, as required by statute, that the alleged newly-discovered evidence created a “substantial or significant possibility that the result [of the trial] may have been different.”

Tagged with: Arthur baltimore city criminal procedure newly discovered evidence Sept. Term 2011 writ of actual innocence

The State did not introduce evidence sufficient to prove beyond a reasonable doubt that Mr. Jenkins used a handgun in the shooting; his conviction for use of a handgun in the commission of a crime of violence is reversed.

Tagged with: attempted murder closing argument criminal law handgun Jury instructions Nazarian Prince George's County Sept. Term 2011 sufficiency of the evidence

The State presented evidence that appellant and members of a gang from Dover were involved in an early morning fight on the Ocean City boardwalk. The central issue at trial was whether appellant participated, along with other members of a Dover gang, in assaulting two victims.

Tagged with: gangs Sept. Term 2011 sufficiency of the evidence Woodward worcester county

Notwithstanding the Department of Corrections' written assurances to the contrary, there is currently a judgment requiring Doe to register as a sex offender—a judgment that, in light of Doe I and Doe II, is wrong.

Tagged with: baltimore city constitutional law criminal procedure Kehoe Sept. Term 2011

1. Did the trial court err in applying the Frye-Reed standard to the medical causation opinions of appellants’ experts, Dr. Grendell and Dr. Sheikh? 2. Did the trial court err in excluding the medical causation opinions of appellants’ experts, Dr. Grendell and Dr. Sheikh, on the grounds that such opinions lacked a sufficient factual basis under the Frye-Reed standard?

Tagged with: evidence Sept. Term 2011 Wicomico County Woodward

Did the Circuit Court err in finding clear and convincing evidence of extrinsic fraud sufficient to vacate the judgment under Maryland Rule 2-535(b)?

Tagged with: baltimore city civil procedure Sept. Term 2011 Wright

Anton Berk filed a multi-count civil action in the Circuit Court for Montgomery County against Carole Berk, several lawyers and a law firm for their various roles in implementing estate planning arrangements made by Anton’s deceased father, Maurice Berk. Carole, Maurice’s wife, was a trustee of an irrevocable insurance trust established by Maurice. The circuit court granted summary judgment in favor of Carole and dismissed Anton’s claims against the other defendants. On appeal, Anton argues that the circuit court erred in doing so.

Tagged with: estate-planning Kehoe Montgomery County Sept. Term 2011