JOSHUA ISAIAH JONES v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Shaw Geter, January 4, 2019,
Human Trafficking – The crime of Human trafficking does not merge with the crime of receiving proceeds from prostitution for sentencing purposes
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CURTIS LEE GROVES v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Moylan, December 21, 2018,
Protective Sweep – Police had RAS justifying a protective sweep of a basement after the suspect was taken into custody. Officers heard sounds from the basement, the suspect was reluctant to emerge from there, and he was a confirmed gang member known to carry a firearm.
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DUSTIN ROBERT WILLIAMSON v. BRYAN STIRLING
US Court of Appeals for the Fourth Circuit, King, December 21, 2018,
Due Process – Immunity – A prosecutor was not “personally involved” in a detainee’s placement in solitary confinement where he merely delivered paperwork to defense counsel and prepared an order for confinement that was “never acted upon”
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UNITED STATES OF AMERICA v. JEFFREY R. MACDONALD
US Court of Appeals for the Fourth Circuit, King, December 21, 2018,
Post-Conviction – DNA evidence showing that 3 naturally shed hairs found at a crime scene did not come back to the defendant was not “clear and convincing evidence” of innocence justifying a successive post-conviction, particularly where a bloody hair in the victim’s hand did come back to the defendant.
UNITED STATES OF AMERICA v. DAVID HARRIS MILLER
US Court of Appeals for the Fourth Circuit, Duncan, December 20, 2018,
Forfeiture – Real Property improved by proceeds from money laundering is forfeitable even if the property itself was purchased with legal funds
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UNITED STATES OF AMERICA v. DARIUS LATRON CHANEY
US Court of Appeals for the Fourth Circuit, Niemeyer, December 19, 2018,
Resentencing – The “sentence package theory” allows but does not require that remaining sentences be changed on re-sentencing after a single sentence is vacated or otherwise changed.
Concur in part, dissent in part – Gregory – Joins in affirming on merits, but dissents from argument that the appeal was untimely
UNITED STATES OF AMERICA v. NADER ABDALLAH
US Court of Appeals for the Fourth Circuit, Wynn, December 18, 2018,
Custodial Interrogation – A suspect invoked his Miranda rights when he interrupted advisement of his rights and said that he “wasn’t going to say anything at all.”
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STATE OF MARYLAND v. STEVEN YOUNG
Court of Appeals of Maryland, Adkins, December 18, 2018,
Evidence – CDS prescriptions – A prescription for CDS, when properly authenticated, is not hearsay if used as a defense to a CDS charge.
Affirming COSA Opinion
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UNITED STATES OF AMERICA v. TYRONE IGNACIOU LYLES
US Court of Appeals for the Fourth Circuit, Wilkinson, December 14, 2018,
SSW – An uncorroborated trash pull finding 3 stems of marijuana did not provide probable cause to support a search warrant where there was no identified target or address history.
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WESLEY CAGLE v. STATE OF MARYLAND
Court of Appeals of Maryland, Hotten, December 13, 2018,
Closing Argument – A trial judge is not required to allow attorneys to replay video of witness testimony during closing argument
Affirming COSA opinion