DANIEL MILLS v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Battaglia, Nov. 5, 2018,
Jury Selection – Batson – Statistical analysis of jury makeup vs venire makeup is not an appropriate standard for phase 1 of a Batson challenge
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Category Archives: Opinion Analysis
Carlos Nicholson v. State
CARLOS NICHOLSON v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Berger, Nov. 5, 2018,
Self Defense – Self-defense is not a defense to felony-murder
Manger v. FOP 35
J. THOMAS MANGER v. FRATERNAL ORDER OF POLICE, MONTGOMERY COUNTY LODGE 35, INC.
Court of Special Appeals of Maryland, Nazarian, Nov. 5, 2018,
LEOBR – An officer could be charged departmentally for use of “counter measures” to sabotage a polygraph test even though the results of the polygraph could not have been used against him in an administrative hearing.
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Joseph Walter v. State
JOSEPH WALTER v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Arthur, Nov. 2, 2018,
Evidence – Statement of Disbelief – Portions of a recorded statement where the detective expresses disbelief in the suspect’s statement should not be played unless probative, such as where they cause the suspect to change his story or confess
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State v. Brandon Payton
STATE OF MARYLAND v. BRANDON PAYTON
Court of Appeals of Maryland, Greene, Nov. 1, 2018,
Re-opening the State’s Case – It was improper for a trial judge to base re-opening the State’s case on the severity of the charges
Ronald Cornish v. State
RONALD CORNISH v. STATE OF MARYLAND
Court of Appeals of Maryland, Greene, October 30, 2018,
Motion for New Trial based on newly discovered evidence – Defendant was entitled to a hearing to have his claim considered where he alleged that a material witness confessed to being involved in the murder and only testified to avoid being charged.
David L. Ford v. State
DAVID LEANDER FORD v. STATE OF MARYLAND
Court of Appeals, Watts, Oct. 26, 2018,
Character Evidence – Prosecutors may not anticipatorily introduce evidence of a victim’s peacefulness even where the defense introduces argument that the victim was the aggressor in opening statement
Overruling CoSA in part, though finding harmless error
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Bradds v. Randolph
AARON BRADDS AND SAMUEL HILL v. DIONNE RANDOLPH
Court of Special Appeals, Nazarian, Sept. 28, 2018,
Cash Bail – A cash bail cannot be set without considering the defendant’s ability to pay
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Charles Reid v. State
CHARLES RAY REID, IV v. STATE OF MARYLAND
Court of Special Appeals, Battaglia, September 27, 2018,
Expungement – A person who wants his criminal record removed from Maryland Case Search should file an expungement, not sue the courts
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John Schlick v. State
JOHN SCHLICK v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Raker, September 20, 2018,
Sentencing – A motion to modify sentence filed later than 90 days but earlier than 5 years from the date of sentencing may still be considered by the circuit court even if the modification hearing is not scheduled until later
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