PHILIP PAUL INGRAM JR. v. STATE OF MARYLAND
Court of Appeals of Maryland, Harrell, November 19, 2018,
Restitution – Unlike the general rule for restitution, restitution can be ordered under the theft statute regardless of whether it was requested by the State or victim
CATHERINE D. NETTER v. GUILFORD COUNTY SHERIFF’S OFFICE
US Court of Appeals for the Fourth Circuit, Motz, November 15, 2018,
EEOC – “Participation” in a Title VII investigation doesn’t allow an employee to violate a state law prohibiting going through confidential personnel records without authorization.
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UNITED STATES OF AMERICA v. MIGUEL ZELAYA et al
US Court of Appeals for the Fourth Circuit, Duncan, November 14, 2018
VICAR – A gang member’s use of an assault rifle to shoot up the car of someone who had argued with him could be considered a crime of violence done to “maintain or increase his position in the enterprise”
(Concur and Dissent – Floyd – Not enough evidence to show Sosa’s shooting was gang-related)
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DEREK MCKINNEY v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Moylan, November 8, 2018,
Revocation of Probation – Probation can be revoked any time after sentencing (even before the active probationary period has begun)
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UNITED STATES OF AMERICA v. SHELTON DEMOND KETTER
US Court of Appeals for the Fourth Circuit, Motz, November 8, 2018,
Mootness – An appeal is not moot if it could alter the length or conditions of the supervised release portion of a sentence (even if the imprisonment has concluded)
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UNITED STATES OF AMERICA v. LAMARCUS THOMAS
US Court of Appeals for the Fourth Circuit, Harris, November 8, 2018,
Search-Warrant – An officer executes a search-warrant in good faith where he has enough evidence to establish probable cause but unintentionally fails to put enough of it into the search-warrant application.
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DARRYL NICHOLS v. STATE OF MARYLAND
Court of Appeals of Maryland, Watts, November 7, 2018,
Sentencing – A defendant convicted of both a crime and conspiracy to commit that crime can’t be sentenced to more time for the conspiracy than the completed crime.
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UNITED STATES OF AMERICA v. TRENTON R. BIRCHETTE
US Court of Appeals for the Fourth Circuit, Wilkinson, November 7, 2018,
Jury Trial – Racial Animus – To interview jurors about deliberation, a party must demonstrate that these interviews are likely to find evidence that racial animus was a significant motivating factor in the jury’s decision to convict
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MOUNT LEMMON FIRE DISTRICT v. JOHN GUIDO
Supreme Court of the United States, Ginsburg, November 6, 2018,
ADEA – Age discrimination law applies to all state and local political entities regardless of size.
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UNITED STATES OF AMERICA v. LAMINE CAMARA
US Court of Appeals for the Fourth Circuit, Harris, November 6, 2018,
Conspiracy – A defendant can be convicted of conspiring with an unknown person