UNITED STATES OF AMERICA v. DESHAWN DOZIER
US Court of Appeals for the Fourth Circuit, Davis, Jan. 30, 2017,
Sentencing – Career Offender- A West Virginia conviction for attempted cocaine distribution can be used as a predicate for a Career Offender sentence enhancement
JERMAUL RONDELL ROBINSON v. STATE OF MARYLAND
DEXTER WILLIAMS v. STATE OF MARYLAND
VERNON HARVEY SPRIGGS, III v. STATE OF MARYLAND
Court of Appeals, Watts, Jan. 20, 2017,
Search – Police have probable cause to search a vehicle where they detect an odor of marijuana emanating from the vehicle
Following the CoSA opinion in Bowling
Continue reading
WESLEY HOSFORD v. CHATEAU FOGHORN LP
Court of Special Appeals, Kehoe, Sept. 1, 2016
Landlord/Tenant – Where tenant is found with CDS, neither federal drug laws nor federal housing laws preempt Maryland RP 8-402.1 requiring a judge to consider whether breach of a lease is “substantial” and “warrants eviction.”
Continue reading
UNITED STATES OF AMERICA v. STEPHEN DOMINICK MCFADDEN
US Court of Appeals for the Fourth Circuit, Keenan, May 19, 2016,
CDS Analogue – Defendant’s numerous taped statements describing the chemical composition of CDS analogues he was selling was “overwhelming” evidence supporting his knowledge that he was selling CDS analogue based on chemical identities and physiological effects.
On remand from USSC
Continue reading
STATE OF MARYLAND v. HECTOR LEONEL GUTIERREZ
& EDGAR PEREZ-LAZARO
Court of Appeals, Battaglia, Filed Jan. 28, 2016,
Possession – Sufficient to prove possession where defendants lived in a small apartment and gun and drugs were located in various common areas throughout the apartment; both stayed in apartment; papers for both found in apartment.
(Dissent – Greene, Adkins and McDonald join – State failed to establish ownership of apartment by defendant or proximity to contraband; no evidence adduced as to length of time defendants were there)
DANA RUSSELL STALLARD v. STATE OF MARYLAND
Court of Special Appeals, Thieme, Filed Oct. 28, 2015,
CDS – Manufacture – Personal Use Exception – CR 5-603 prohibits manufacture of methamphetamine, even for personal use.