MARLON SMITH v. STATE OF MARYLAND
Court of Special Appeals, Raker, Filed Sept. 10, 2013,
http://www.mdcourts.gov/opinions/cosa/2013/1295s12.pdf
Car Stop- Non-functioning center brake light was proper basis for vehicle stop.

RICKEY HALL v. STATE OF MARYLAND
Court of Special Appeals, Matricciani, Filed Sept. 10, 2013,
http://www.mdcourts.gov/opinions/cosa/2013/1306s12.pdf
Evidence- State’s decision to charge or not charge an individual is irrelevant and therefore inadmissible in trial of another.

RALPH SABERT CHOATE v. STATE OF MARYLAND
Court of Special Appeals, Moylan, Filed Sept. 9, 2013,
http://www.mdcourts.gov/opinions/cosa/2013/0922s12.pdf
Hearsay/Sexual-Assault: Admissibility of hearsay under Rule 5-802.1(d) (prompt complaint of sexual assault) does not require the defendant to first challenge the complaint’s promptness.

Other notes:
– Jury Instruction- All that is necessary to generate a requested instruction that is a correct statement of the applicable law and that has not been covered by other instructions is “some evidence.”
– Mistrial- “A mistrial is not a sanction designed to punish an attorney for an impropriety. It is rather an extreme sanction that sometimes must be resorted to when such overwhelming prejudice has occurred that no other remedy will suffice to cure the prejudice.”
– Closing Argument- Attorneys are entitled in closing argument to ask the jury to draw reasonable inferences from the evidence. State’s claim that a particular item was THE item used when victim wasn’t certain was permissible, as jurors could reasonably come to that conclusion. Defense was free to argue that it was not.
– Closing Argument- Prosecutor’s statement that “Now, with respect to the credibility… a lot of this case comes down to what [the victim] told you, because when a rape occurs, a rape doesn’t occur in front of a camera. There’s only two people there. In this case, the two people who were there were [the victim] and the defendant. And yesterday, [the victim] came in and she sat here and she told you what happened,” was properly read in context of prosecutor’s lengthy examination of witness credibility, not commenting on Defendant’s failure to testify.
– Hicks- unlike the Sixth Amendment speedy trial guarantee, the Hicks rule is a statement of public policy, not a source of individual rights.
-Hicks- violation of local court rule (“Montgomery County Criminal Differentiated Case Management Plan”) would not necessarily mandate dismissal
– Continuing Objections- When continuing objection is interrupted by other testimony or evidence and is not renewed, it is severed.