PATRICIA LAMALFA v. JANIS HEARN ET AL.
Court of Appeals of Maryland, Watts, Feb. 2, 2018,
Evidence – Expert Testimony- Records forming the basis for an expert’s opinion are admissible under Rule 5-703(b) where the records are: (1) trustworthy, (2) unprivileged, (3) reasonably relied upon by an expert in forming her or his opinion, and (4) necessary to illuminate that expert’s testimony.”
BRANDON PAYTON v. STATE OF MARYLAND
Court of Special Appeals, Beachley, Feb. 1, 2018,
Neutral Judge – A trial judge on the verge of granting a motion for judgment of acquittal improperly reopened the State’s case on his own in order to allow the State to provide further evidence.
SEAN PRINCE HALLOWELL v. STATE OF MARYLAND
Court of Special Appeals, J Eyler, Feb. 1, 2018,
Flight – Simply leaving a location is not “flight.” To be considered “flight,” facts need to suggest that the departure was “done with a consciousness of guilt” and in an “effort to avoid apprehension.”
Continue reading
STATE OF MARYLAND v. KEVIN ARMSTEAD
Court of Special Appeals, Harrell, Feb. 1, 2018,
Ineffective Assistance – A lawyer was not “ineffective” by failing to object to an “anti-CSI-effect” instruction that would later be found improper
Continue reading
MOUSSA SISSOKO v. STATE OF MARYLAND
Court of Special Appeals, D Eyler, Jan. 31, 2018,
Expert Opinion – Child Abuse – “Abusive head trauma” is generally accepted in the scientific community and expert testimony related to this diagnosis may be admitted in court if there is a sufficient factual basis to support it.
Continue reading
UNITED STATES OF AMERICA v. ROBERT MCLAMB
US Court of Appeals for the Fourth Circuit, Thacker, Jan. 25, 2018,
Search Warrant – Good Faith – Investigators reasonably relied on a magistrate’s search warrant to execute a Network Investigative Technique (NIT) on a computer.
Continue reading
RUDY ISMAEL MANCHAME-GUERRA v. STATE OF MARYLAND
Court of Appeals, Barbera, Jan. 23, 2018,
Impeachment – A defendant should have been allowed to question a witness with pending charges about his possible motivation to testify
DISTRICT OF COLUMBIA v. THEODORE WESBY
Supreme Court of the United States, Thomas, Jan. 22, 2018,
Probable Cause – Officers had probable cause to arrest attendees of a drug and stripper party occurring inside of a vacant dwelling without permission of the owner where facts could reasonably have suggested that the party-goers knew that they did not have permission to be there
Continue reading
HAROLD EUGENE WILLIAMS v. STATE OF MARYLAND
Court of Appeals of Maryland, Hotten, Jan. 19, 2018,
Evidence – Impeachment – A 1990 conviction for battery could be used to cross-examine a character witness testifying that the defendant was known to be peaceful.
(Watts – Joining in judgment only)
RECALLED AND REISSUED Feb 21. NEW OPINION NOT YET ANALYZED.
Affirming COSA
Continue reading
UNITED STATES OF AMERICA v. MICHAEL LAWRENCE MAYNES, JR
US Court of Appeals for the Fourth Circuit, Wilkinson, Jan. 18, 2018,
Sex trafficking – Sex trafficking by fraud requires “material fraud,” but does not require that the fraud actually caused a person to engage in a commercial sex act.
Continue reading