UNITED STATES OF AMERICA v. EDDIE DEAN FLUKER
US Court of Appeals for the Fourth Circuit, Agee, June 5, 2018,
USSG – Georgia’s robbery “by sudden snatching” does not qualify as a crime of violence under the Armed Career Criminal Act
UNITED STATES OF AMERICA v. DANIEL SANCHEZ
US Court of Appeals for the Fourth Circuit, Wilkinson, June 5, 2018,
Probation Revocation – A defendant cannot challenge his original sentence at a probation revocation proceeding
MASTERPIECE CAKESHOP, LTD. v. COLORADO CIVIL RIGHTS COMMISSION
Supreme Court of the US, Kennedy, June 4, 2018,
First Amendment – Colorado’s Anti-Discrimination Act Commission was required to take a baker’s sincerely-held religious beliefs into consideration prior to taking action against him for denying service to same-sex couples.
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ERIK LINDSEY HUGHES v. UNITED STATES
Supreme Court of the US, Kennedy, June 4, 2018,
Sentencing (Federal) – If the sentencing court relied on guidelines in imposing a sentence or accepting a plea agreement, then a defendant may request a sentence reduction “based on” those guidelines being lowered after sentencing
(contrast with Koons where sentence was based on the mandatory minimum)
TIMOTHY D. KOONS v. UNITED STATES
Supreme Court of the United States, Alito, June 4, 2018,
USSG – Defendants who received a sentence based on the mandatory minimum were not eligible for a sentence reduction based on USSG guideline changes (as the sentence was not “based on” the guidelines)
ROBERT P. SMALLWOOD v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Fader, June 4, 2018,
6th Amendment – Motion to Correct Illegal Sentence – A defendant has the right to counsel at a resentencing hearing ordered to correct an illegal sentence
DONOVAN BYNES v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Moylan, June 4, 2018,
Assault- Self Defense – A defendant was not engaged in “self defense” when he grabbed his girlfriend to get her out of the house as retaliation for her slapping him earlier because there was no evidence that he was in fear for his safety at that point in time
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DAVON WALLACE v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Moylan, June 4, 2018,
6th Amendment – A murder defendant does not have a Sixth-Amendment right to an attorney until he is either indicted by the Grand Jury or a Criminal Information is filed by the State’s Attorney. A Court Commissioner arrest warrant isn’t enough.
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MYNOR VARGAS-SALGUERO v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Nazarian, June 1, 2018,
Miranda – A suspect has invoked Miranda when he says that he wants a lawyer if he’s being accused of a crime and police have already obtained a warrant for his arrest for the crime.
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BALTIMORE POLICE DEPARTMENT v. SERGE ANTONIN
Court of Special Appeals of Maryland, D Eyler, June 1, 2018,
Due Process- Impartial Trial Board – BPD was not required to form a trial board from non-BPD members where public statements about the case by command staff “did not say or imply that the officer was guilty of a crime, insist that the officer be terminated, question the officer’s integrity, or suggest that it was imperative that the officer be disciplined.”