LAMONT JEFFERY GEIGER v. STATE OF MARYLAND
Court of Special Appeals, Moylan, Dec. 5, 2017,
Identification – As long as the suspect is identified at trial, no evidence is required at trial regarding how the defendant’s identity was discovered.
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THOMAS ANDREW DIETRICH v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Thieme, Dec. 5, 2017,
Ex Post Facto – Sex Offender – Ex Post Facto challenge of state law based on foreign conviction depends on the date the individual moved to Maryland, not the date of the foreign conviction
TREY SIMS v. KENNETH E. LABOWITZ
US Court of Appeals for the Fourth Circuit, Keenan, Dec. 5, 2017, Re-Issued March 14, 2018,
Qualified Immunity – A detective was not entitled to qualified immunity where he had a juvenile masturbate in front of three officers in order to photograph the juvenile’s erect penis pursuant to a search warrant
(Dissent – King – The detective obtained two search warrants and was acting at the direction of a prosecutor. Therefore he should be entitled to qualified immunity.)
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MICHAEL FOY v. BALTIMORE CITY DETENTION CENTER
Court of Special Appeals of Maryland, Harrell, Dec. 4, 2017,
Correctional Officers’ Bill of Rights(COBR) – Commissioner’s failure to conduct a properly recorded meeting within 30 days as required by COBR meant that he was unable to increase the punishment imposed after hearing board.
(Dissent – Eyler – Proper outcome is remand for new hearing)
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UNITED STATES OF AMERICA v. GEOFFREY THOMAS GATTIS
US Court of Appeals for the Fourth Circuit, Niemeyer, Dec. 4, 2017,
Federal Sentencing- Crime of Violence- North Carolina common law robbery conviction qualifies as a “crime of violence” under US Sentencing Guidelines
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STEVEN YOUNG v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Raker, Dec. 1, 2017,
Evidence – CDS prescriptions – Introducing “valid prescriptions” as a statutory defense to possession of CDS, when properly authenticated, is not hearsay.
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ANTHONY GRANDISON v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Woodward, Nov. 29, 2017
Commutation – The governor can commute a sentence even if the person serving the sentence does not apply for commutation
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ANTHONY BARRETT v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Graeff, Nov. 29, 2017,
Odor of Marijuana – A police officer “who has reason to believe that an individual is in possession of marijuana has probable cause to effectuate an arrest, even if the officer is unable to identify whether the amount possessed is more than 9.99 grams.”
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JAMAL SIZER v. STATE OF MARYLAND
Court of Appeals of Maryland, Greene, Nov. 28, 2017,
Reasonable suspicion – Flight from the police by a member of a group that just threw a glass bottle in public provided reasonable suspicion for a stop
Affirming COSA opinion on other grounds
(Concur in part and dissent in part – Adkins and Hotten – The stop was illegal, but was attenuated by the arrest warrant)
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IN RE: J.J. AND T.S.
Court of Appeals of Maryland, Barbera, Nov. 28, 2017,
Hearsay – Tender Years Exception – CP § 11-304 does not require a juvenile court to determine a child’s “truth competency” (ability to distinguish truth from falsehood) when ruling on the admissibility of the child’s out-of-court statement.
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