JATWAN DERRICK BOSTON v. STATE OF MARYLAND
Court of Special Appeals, Eyler, Dec. 20, 2017,
Wiretap
Jatwan Boston v. State
Reply
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David Ford v. State
DAVID LEANDER FORD v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Berger, Dec. 20, 2017,
Consciousness of Guilt – Testimony that the defendant tried to hide at his ex-girlfriend’s house and cursed her out when she kicked him out in the morning was admissible as consciousness of guilt.
US v. Leonard Oliver
UNITED STATES OF AMERICA v. LEONARD OLIVER
US Court of Appeals for the Fourth Circuit, Gregory, Dec. 20, 2017,
Criminal Appeals- Dismissal- The Court can sua sponte dismiss criminal appeals
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US v. Marcus Harris
UNITED STATES OF AMERICA v. MARCUS L. HARRIS
US Court of Appeals for the Fourth Circuit, Floyd, Dec. 19, 2017,
Federal Release – A court has jurisdiction over supervised release until release expires or is terminated. Revocation does not end jurisdiction.
State v. Leonard Simms
STATE OF MARLAND v. LEONARD LEE SIMMS
Court of Appeals of Maryland, Greene, Dec. 18, 2017,
Appeal- Nol Prosse – The State may not use its nol pros authority to alter a final judgment, i.e. conviction and sentence.
Affirming CoSA
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Thompson v. Virginia
PAUL CLEVELAND THOMPSON, JR. v. COMMONWEALTH OF VIRGINIA
US Court of Appeals for the Fourth Circuit, Gregory, Dec. 18, 2017,
8th Amendment – Excessive Force – Intentionally using the momentum of a transport vehicle to maliciously cause an unsecured inmate to strike the sides of the interior can support an Eighth Amendment violation where the prisoner suffers even a minor injury
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Toghill v. Clarke
ADAM DARRICK TOGHILL v. HAROLD W. CLARKE, Director, Dept. of Corrections
US Court of Appeals for the Fourth Circuit, Traxler, Dec. 15, 2017,
Solicitation of Minor – VA Law prohibiting solicting a minor for purposes of sodomy did not violate Lawrence v. Texas.
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US v. Stitz
UNITED STATES OF AMERICA v. DEAN PAUL STITZ
US Court of Appeals for the Fourth Circuit, Thacker, Dec. 14, 2017,
Distribution of Child Pornography- Passive file sharing through “peer to peer” networks constitutes “distribution” of child pornography
Anderson v. Kingsley
ALBERT ANDERSON v. DEPUTY M. KINGSLEY, Deputy Sheriff of Gloucester County
US Court of Appeals for the Fourth Circuit, Niemeyer, Dec. 14, 2017,
Deliberate Indifference – Jury instruction that deliberate indifference required “intentionally refusing or failing to take reasonable measures to deal with the risk” properly emphasized mens rea requirement involved.
Mark Campbell v. State
MARK CAMPBELL v. STATE OF MARYLAND
Court of Special Appeals, Moylan, Dec. 5, 2017,
Assumption of Propriety – Failure to provide evidence or record results in assumption that the underlying proceedings were regular and correct
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