MOTOR VEHICLE ADMINISTRATION v. JAMES R. NELSON
Court of Appeals of Maryland, Watts, Dec. 13, 2018,
DUI – Implied Consent – An officer requesting that a driver take an alcohol concentration test is not required to specifically advise the driver whether the test will be a blood test or a breath test.
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ANTHONY WAYNE MANGUM v. WARDEN S. HALLEMBAEK
US Court of Appeals for the Fourth Circuit, Gregory, December 12, 2018,
Appellate Mandate – The Bureau of Prisons was bound to follow the mandate of the Fourth Circuit’s previous opinion and was not allowed to deviate from it outside of “rare circumstances”
UNITED STATES v. VICTOR J. STITT, II
Supreme Court of the United States, Breyer, December 10, 2018,
ACCA – “Burglary” under The Armed Career Criminal Act includes burglary of a vehicle or nonpermanent/mobile structure adapted or customarily used for overnight accomodation.
STONEY LESTER v. J.V. FLOURNOY
US Court of Appeals for the Fourth Circuit, Diaz, November 30, 2018,
Habeas Corpus – Misclassification of a defendant as a “career offender” is an “error sufficiently grave to be deemed a fundamental defect.”
Interpreting Wheeler
UNITED STATES OF AMERICA v. BRIAN D. TERRY
US Court of Appeals for the Fourth Circuit, Gregory, November 30, 2018,
GPS – A car stopped for speeding based on a GPS device placed without a warrant or exception was illegal, even though a warrant was obtained after the device was placed on the car.
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UNITED STATES OF AMERICA v. ANDREATTI DEJOHN BROWN
US Court of Appeals for the Fourth Circuit, Diaz, November 29, 2018,
Sentencing – A defendant whose Virginia state sentence was suspended conditioned on “good behavior” was “under a criminal justice sentence” for US Sentencing Guidelines purposes.
KELVIN SEWELL v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Leahy, November 29, 2018,
Misconduct in Office – Expert testimony regarding police procedure is relevant to a criminal charge of misconduct against an officer based on discretion.
Concur and Dissent – Friedman – Sewell should have been granted MJOA
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I.B. v. FREDERICK COUNTY DEPARTMENT OF SOCIAL SERVICES
Court of Special Appeals of Maryland, Sharer, November 29, 2018,
Child Neglect (Civil) – A criminal conviction for leaving a child unattended in a confined space bars a defendant from challenging a CPS finding of indicated child neglect arising from the same facts.
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TAMIKA RAY v. INTERNATIONAL PAPER COMPANY
US Court of Appeals for the Fourth Circuit, Keenan, November 28, 2018,
Sexual Harassment – Retaliation – Denying an employee the opportunity to work voluntary overtime because she filed an EEOC complaint may be considered retaliation
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RENNAE ELIZABETH OTT v. MARYLAND DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
US Court of Appeals for the Fourth Circuit, Gibney, November 28, 2018,
EEOC – Rehabilitation Act – An EEOC disability claim under the federal Rehabilitation Act in Maryland has a two-year statute of limitations
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