MARTAZ JOHNSON v. STATE OF MARYLAND
Court of Appeals, McDonald, February 21, 2018,
Expert Testimony – GPS – Expert testimony is not required in order to explain the times and locations reflected in GPS data in a business record
(Dissent- Watts with Adkins- Under these circumstances, the underlying record and testimony should not have been admitted)
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BARRINGTON DEAN WATTS v. STATE OF MARYLAND
Court of Appeals of Maryland, Greene, Feb. 20, 2018,
Assault – A jury does not need to agree about the mode of assault that was committed as long as they all agree that the defendant committed the crime of assault.
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STATE OF MARYLAND v. BASHUNN CHRISTOPHER PHILLIPS
Court of Appeals of Maryland, Wilner, Feb. 20, 2018,
In Banc Appeal – Maryland’s Constitution only allows an in banc appeal to a 3-judge circuit-court panel if that appeal could also have been taken to the Court of Appeals or Court of Special Appeals.
Affirming COSA opinion
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UNITED STATES OF AMERICA v. MARK COWDEN
US Court of Appeals for the Fourth Circuit, Keenan, Feb. 16, 2018,
Evidence – Prior Bad Acts – An officer’s prior excessive force complaints could be used against him to show that he acted consistently with his history of using force to punish those that he felt had disrespected law-enforcement
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UNITED STATES OF AMERICA v. ANTOINE DARRELL SMITH
US Court of Appeals for the Fourth Circuit, Wilkinson, Feb. 15, 2018,
ACCA – North Carolina’s Voluntary Manslaughter is a crime of violence under the Armed Career Criminal Act
ADOU KOUADIO v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Wilner, Feb. 15, 2018,
Jury Trial – Murder – A jury does not need to agree on which form of malice the defendant had as long as they are unanimous that he acted with malice
E.W. v. ROSEMARY DOLGOS and WICOMICO COUNTY SHERIFF’S DEPARTMENT
US Court of Appeals for the Fourth Circuit, Gregory, Feb. 12, 2018,
Reasonable Force – Outside of “exceptional circumstances” suggesting danger, handcuffs may not be used to restrain a young child.
(Concur – Shedd – Concurs in result, but writes separately to explain that handcuffing was not unreasonable or excessive in light of probable cause to arrest)
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UNITED STATES OF AMERICA v. RONALD MILTIER
US Court of Appeals for the Fourth Circuit, Floyd, Feb. 7, 2018,
Possession of Child Pornography – The “interstate transport” requirement can be satisfied by showing either that the files on the computer were transported interstate or that the computer containing the files was transported in interstate commerce.
(Concur – King- would find harmless error)
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STANLEY RAY WINSTON v. STATE OF MARYLAND
BRIAN CUFFIE MAYHEW v. STATE OF MARYLAND
ANTHONY CANNON v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Arthur, Feb. 2, 2018,
“Other Crimes” Evidence – Multiple Defendants – Prior bad acts by a co-defendant to be used at trial are challenged on the basis of unfair prejudice to the co-defendant, not the 3-part “special relevance” test that would be applied to use against the defendant who committed the prior bad act.
(Concur- Meredith – Disagrees about plain error analysis)
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WESLEY CAGLE v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Shaw Geter, Feb. 2, 2018,
Handgun in a Crime of Violence – A police officer convicted of 1st-degree assault for unlawful use of his service weapon can also be convicted of use of a firearm in the commission of a felony or crime of violence
Affirmed by COA
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