In the future I’ll try to do this on a weekly basis with “special updates” when notable opinions are filed.
Criminal Law:
KEGARISE v. STATE
Filed May 2, 2013
http://mdcourts.gov/opinions/cosa/2013/1992s11.pdf
Short version: Defendant entitled to voir dire regarding juror statutory qualifications (adult as of the day selected; citizen of the United States; resides in the county as of the day sworn) if requested
Questions raised: According to the Court’s opinion, jurors already swear under penalty of perjury that they meet each statutory qualification prior to being selected for the jury pool. Moreover, inclusion of an unqualified juror does not provide grounds for setting aside a conviction where there has been no objection.
What is the utility, then, in setting aside a conviction (for theft and possession of a handgun by a prohibited person) when there is no prejudice? Particularly where the defendant had no reason to believe that any of the jurors were not US citizens, the defendant offered no rationale (other than “I just thought of it”) for asking the question, the defendant did not object to seating the jury, and had the question been asked it would expose any jurors offering a negative response to a possible perjury charge.
THURMAN v. STATE
Filed May 2, 2013
http://mdcourts.gov/opinions/cosa/2013/1729s11.pdf
Short version: Neither assault on police nor fleeing/eluding police are impeachable offenses.
Other holding: It is not appropriate for a trial judge to establish prior to testimony or re-direct that no re-cross examination will be permitted. This error was held to be harmless where the same subject matter was covered by other witnesses.
Other interesting cases:
ATTORNEY GRIEVANCE COMMISSION V. FADER
Filed May 6, 2013
http://mdcourts.gov/opinions/coa/2013/12a12ag.pdf
“Fader ‘overtly misled’ the administrative law judge, and, accordingly, Joel Jay Fader is hereby disbarred.”
In administrative case, attorney filed for postponement citing health issues and submitted a forged doctor’s note supporting the claim, then got caught.
MADISON PARK NORTH APARTMENTS, L.P. v. THE COMMISSIONER OF HOUSING & COMMUNITY DEVELOPMENT
Filed May 3, 2013
http://mdcourts.gov/opinions/cosa/2013/0071s12.pdf
Notable Holding: Appellate review of an administrative decision may be had in the Court of Special Appeals in a mandamus action if no appellate procedure is included in the enacting legislation. This authority is limited to whether the decision was supported by substantial evidence and was not arbitrary or capricious.
Multiple-Family Dwelling License for Madison Park North Apartments revoked after hearing established that MPNA “knew or should have known that the premises are being used for the purpose of drug trafficking, and failed to prevent them from being so used.” Petition for review heard and denied in Circuit Court. Held that CoSA has right to appellate review and that the city code used to revoke the license is not void for vagueness.