KENNETH L. HUNTER v. TOWN OF MOCKSVILLE, NORTH CAROLINA
US Court of Appeals for the Fourth Circuit, Wynn, July 26, 2018,
First Amendment – A town was liable for retaliatory termination of officers who reported wrongdoing where the town manager who approved termination had been delegated authority to make final policy

(Concur and Dissent – Niemeyer – Insurance policy was not ambiguous)
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ALFRED FIELDING v. STATE OF MARYLAND
Court of Special Appeals, Battaglia, July 26, 2018,
Jurisdiction – A non-mandatory enhanced penalty does not divest District Court of exclusive jurisdiction in a DUI case

UNITED STATES OF AMERICA v. LORENE CHITTENDEN
US Court of Appeals for the Fourth Circuit, Gregory, July 25, 2018,
Forfeiture – Forfeiture is limited to property the defendant acquired as a result of the crime. The statute does not permit courts to hold a defendant liable for proceeds that only her co-conspirator acquired.

Remand from USSC
Vacated opinion

CHRISTOPHER NOBLE v. STATE OF MARYLAND
Court of Special Appeals, Graeff, July 25, 2018,
Overdose – Evidence obtained after a call for overdose cannot be used against the overdose victim as the basis for a violation of probation, regardless of whether medical assistance is sought by the victim or a bystander on the victim’s behalf
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TAMERE THORNTON v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Arthur, July 25, 2018,
Fourth Amendment – Attenuation – Suspect that flees from an illegal frisk during a traffic stop has attenuated the illegality by committing a new crime
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UNITED STATES OF AMERICA v. HINDA OSMAN DHIRANE
US Court of Appeals for the Fourth Circuit, Niemeyer, July 16, 2018,
Foreign Intelligence Surveillance Act (FISA) – The FISA rule allowing a challenged order to be reviewed by the trial judge alone without defense review is constitutional even though it does not allow “an open, adversarial proceeding” on whether or not a Franks hearing is required.
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UNITED STATES OF AMERICA v. ERICK JEMONTA GIBBS
US Court of Appeals for the Fourth Circuit, Niemeyer, July 16, 2018,
Probation Revocation – A judge’s sentence on revocation of probation is entitled to deference and will be upheld within guidelines if it is not “plainly unreasonable.”

(Dissent- Gregory – The words “all right” did not “miraculously address[] not one but three of Gibbs’s arguments”)
En banc petition denied

ALLAN JACKSON v. STATE OF MARYLAND
Court of Appeals of Maryland, Greene, July 12, 2018,
Evidence – Authentication – A video is “what it’s claimed to be” when there’s enough evidence for the jury to reasonably find that it shows the events at the date/time of the timestamp on the video, even if the witness authenticating the video misstates the time.
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JASON ADAM FALLIN v. STATE OF MARYLAND
Court of Appeals of Maryland, McDonald, July 12, 2018,
Witness Credibility – A forensic examiner can not testify that a child victim’s statement showed no signs of fabrication.

(Dissent – Watts with Getty – There should be a special exception for child sexual abuse)
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CARL FRANKLIN BURNSIDE v. STATE OF MARYLAND
Court of Appeals of Maryland, Greene, July 11, 2018,
Impeachment – Defendant Testimony – If requested, a trial court should decide whether impeachment evidence can be used against a defendant before he decides whether or not to testify

(Concur and Dissent – Getty with Watts- This requires too much speculation or proffer of defense testimony)
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