STATE OF MARYLAND v. TRAVIS SANDERS
Court of Special Appeals, Reed, September 4, 2018,
Incompetency – The trial court in a competency hearing cannot declare a defendant eligible for Developmental Disabilities Administration services
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RONALD BAEZ v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Raker, August 31, 2018,
Car Stop – RAS – An officer may stop a vehicle for a tint violation even if the vehicle is registered out of state
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GORDON ALEXANDER COLLINS v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Moylan, August 30, 2018,
Voir Dire – Improper voir dire is not automatically considered prejudicial
(Concur – Graeff – In judgment only)
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KRISTI HEFFINGTON v. RONALD F. MOSER
Court of Special Appeals of Maryland, D Eyler, August 30, 2018,
Civil Proceedings – 5th Amendment – Where a party is involved in a criminal and civil case involving the same conduct, a judge should weigh the harm of granting a stay against the party’s rights under the Fifth Amendment and right to access to courts.
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DANIEL CARTER V. STATE OF MARYLAND
JAMES E. BOWIE V. STATE OF MARYLAND
MATTHEW TIMOTHY MCCULLOUGH V. STATE OF MARYLAND
Court of Appeals of Maryland, McDonald, August 29, 2018,
Juvenile – It was unconstitutional to sentence a juvenile to a 100-year aggregated sentence stemming from one event in that it was the equivalent of life without parole.
(Dissent in 54/55- Barbera, Greene, Adkins – Agree that 100 years=life w/o, but disagree that an executive order can cure an unconstitutional system)
(Dissent in 56- Watts, Getty – 100 years = release at 67 = within his lifetime, so not life w/o parole)
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STATE OF MARYLAND v. TRAVIS THANIEL
Court of Special Appeals of Maryland, Battaglia, August 29, 2018,
IAC – Closure of a courtroom during voir dire is not automatically considered prejudicial
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STATE OF MARYLAND v. PHILLIP JAMES CLEMENTS
Court of Appeals of Maryland, Barbera, August 29, 2018,
Motion to Correct Illegal Sentence – A granted motion to correct illegal sentence is not appealable until a new sentence is rendered
UNITED STATES OF AMERICA v. QUINTIN ANTONIO BELL
US Court of Appeals for the Fourth Circuit, Niemeyer, August 28, 2018,
Miranda – A suspect detained next to his wife during a search warrant was not “interrogated” when an officer executing the search warrant directed a question to the suspect’s wife regarding whether there were any weapons in the house and the defendant replied before she could answer.
(Dissent – Wynn – questioning the suspect’s wife while she’s next to him should be considered the equivalent of directly questioning him)
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DAQUAN MIDDLETON v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Battaglia, August 28, 2018,
Charging – A defendant charged with murder cannot be convicted on an uncharged count of first-degree assault unless both the murder and the assault rely on the same facts
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CLEMENT REYNOLDS v. STATE OF MARYLAND
Court of Appeals of Maryland, Hotten, August 27, 2018,
Miranda – A defendant’s voluntary statement obtained in violation of Miranda can still be used to impeach him if he testifies contrary to that statement in court
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