Opinion Review, May 27 to 31, 2013

Criminal Law:
DEANGELO FERDALE SAVAGE v. STATE
Court of Special Appeals, Filed May 29, 2013
http://mdcourts.gov/opinions/cosa/2013/1741s11.pdf
Short version (Conspiracy): If Defendant charged with multiple conspiracies, State must prove and jury must be instructed that conviction requires finding of multiple, separate agreements to violate the law. Otherwise, can only sentence for one.

Notes on Conspiracy from the case:
– (Overarching conspiracy) If the State charges one conspiracy, must prove the existence of one overall conspiracy as opposed to separate and independent conspiracies.
– (Variance) When the State charges one conspiracy, but the evidence shows at least two, defendant may challenge conviction on the grounds of variance (“difference between the allegations in a charging instrument and the proof actually introduced at trial”).
– (Double Jeopardy) When a defendant contends that only one conspiracy exists, while the State insists there are at least two, he challenges on the ground of double jeopardy because he has been convicted of the same crime twice.
– (Changing Co-Conspirators) “[t]here may . . . be a continuing conspiracy with a changing dramatis personae, so long as there are never less than two conspirators. A gap during which there is only one actor breaks the continuity.” (Bazelon’s dissent in Greene v. US, 246 F.2d 677, 680 (1957)). When a new conspirator thereafter appears on the scene, there is a new and separate conspiracy.
– (Changing co-conspirators) The fact that a conspirator in a two-person conspiracy seeks a replacement for a departed would-be cohort is a strong indication of the failure of one conspiracy and the creation of another.
– (Withdrawal) In order to “withdraw” from a conspiracy, the conspirator must affirmatively “act ‘to defeat or disavow the purposes of the conspiracy.
– (Jury Instruction) Without an instruction that the jury could not find appellant “guilty of more than one count of conspiracy unless [it] was convinced beyond a reasonable doubt that he entered into two separate agreements to violate the law,” the State was not put to the test of proving separate conspiracies, and therefore it cannot be “allowed to obtain a sentencing advantage from having failed at trial to” do so.

JULIUS HENSON v. STATE
Court of Special Appeals, Filed May 30, 2013
http://mdcourts.gov/opinions/cosa/2013/1046s12.pdf
Short version (appellate argument): If the Court uses the words “confused” or “mistaken” more than four times to describe your argument, you’re probably not going to win.

Various holdings:
– (Conspiracy) A conviction for conspiracy may lie without conviction of the underlying offense
– (Accessory Liability) For misdemeanor crimes, aiders and abettors are held criminally liable to the same degree as principals.
– (Accessory Liability) Misdemeanor charges needed not distinguish principal from accessory liability
– An expert opinion as to an ultimate issue of fact is admissible; an expert’s opinion on a matter of law is inadmissible
– (Probation) A condition to the granting of probation which compels a defendant to give up a fundamental or constitutional right is not in and of itself unconstitutional or invalid. Such a condition cannot stand only if it is not related to the crime of which defendant has been convicted and if it has no reasonable relation to future criminality

Related Opinions:
CHRIS BUSH v. PUBLIC SERVICE COMMISSION OF MARYLAND
Court of Special Appeals, Filed May 29, 2013
http://mdcourts.gov/opinions/cosa/2013/0032s12.pdf
Short version: “Unless otherwise provided by rule or statute, to be considered timely, a Petition must actually be received by the circuit court clerk no later than the thirtieth day after the occurrence of the action or order desired to be appealed.”

FRATERNAL ORDER OF POLICE v. MONTGOMERY COUNTY
Court of Special Appeals, Filed May 30, 2013
http://mdcourts.gov/opinions/cosa/2013/0107s12.pdf
Short Version: The Montgomery County Police Labor Relations Act does not state that the County Council “must adopt a proposed agreement, or that it must fund its existing obligation to provide employee benefits.”

Updated Site Index

Site Index
Section 1: Pre-Trial Procedure
A Bail
B Charging
– Arrest
– Court Commissioner
– Criminal Information
– Indictment
– CJIS/Charging Manual
C Discovery
– District Court Discovery
– Circuit Court Discovery
D Presence of the Defendant
E Sever and Joinder
F Jury Trial Right
G Motions
– Dismiss (Statue of Limitations, Speedy Trial, Subject Matter Jurisdiction, etc)
– In Limine
– Sequester
– Suppress
H Pleas
– Alford
– Guilty
– Agreed Statement
– Nolo Contendre
I Subpoenas and Summons
J Postponements
K Pre-trial Dispositions
– Nolle Prosequi
– Stet
– Court Dismissal

Section 2: Trial Procedure
A Burden of Proof
B Evidence
– Affidavits
– Hearsay
– Judicial Notice
– Physical Evidence
* Chain of Custody
* Unsigned Warrants
* CDS – Chemical Analysis and Chain of Custody (CJP 10-1001 et seq.)
– Witnesses (Impeaching with PBJ, etc)
C Motions
– Judgment of Acquittal
– New Trial
D Objection
E Presumptions
F Verdict
G Victim

Section 3: Post-Trial Procedure
A Post-trial rights
B Sentencing
– Enhancements
– Restitution
– Probation Before Judgment
– Probation
– Rule of Lenity
– Merger

Section 4: Legal Principles
A Actus Reus and Mens Rea
B Principals and Accessories
C Statutory Construction

Section 5: Crimes and Defenses
A Crimes
– Person (Assault, etc)
– Property
– Public
– Incarcerable Traffic
– Controlled Dangerous Substances (CDS)
– Firearms
B Defenses
– Impossibility
– Defense
– Mistake
– Voluntary Intoxication

Section 6: Street
A Stop or Seizure
– Accosting and Voluntary Interaction
– Terry Stop
– Arrest
B Search
– Consent
– Probable Cause
– Terry Frisk
– Plain View
C Automobiles
D Confessions
E Informants and Tips
– Anonymous
– Informants
F Warrants
– Arrest Warrant
– Search Warrant

Take Three

Ok, so had to reboot and restart… For the moment I’m just laying out an outline and uploading rough content until the wiki gets finished, but eventually this site will actually be a worthwhile place to visit, I promise!

CONTENT HASN’T BEEN CHECKED SINCE 2008 AND IS LARGELY IN ROUGH FORMAT, SO DON’T RELY ON IT AS MORE THAN A STARTING POINT IN RESEARCH

The site will examine topics related to :
– Pre-trial procedure
– Trial procedure
– Post-trial procedure
– Legal principles
– Crimes and Defenses
– Street law

Hello world!

Ok, take two on setting up the website; crashed once adding a wiki and started over again.

Tune in soon for:

– A criminal law/justice wiki that doesn’t crash my site

– Examination of the law as it applies to the street and the courtroom

– A site useable by judges, lawyers, academics, and law enforcement, but also helpful to those not “in the business” (students, citizens, Justin Fenton, etc)

The basic idea is to have the site split into three areas:

1) a main “topic” section which will double as a trial notebook for those with computer access in the courtroom (and will be printable for those who don’t)

2) a MD criminal justice wiki (the point of which will be to allow various contributors to add to our common understanding… and then feed that information into the more “settled” topic section)

3) a blog… because blogs are fun

Right now, of course, it’s just a blog because that’s the easiest one to set up.