PAUL EARNEST HOWARD, JR. v. STATE OF MARYLAND
Court of Special Appeals, Eyler, Jan. 31, 2017,
Due Process- Discovery- Even if a court can force a third party to allow the defense onto their property as part of criminal discovery, the defendant must first demonstrate that their need outweighs the privacy interests of the third party.
Case refiled on March 28, 2017. But I have no idea what changed. Nothing I noticed.
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MICHAEL ANTHONY DILWORTH v. CAPTAIN ADAMS; A R. FALES, JR.; LT. L. ROBINSON; LT. R. JOHNSON; OFFICER COOKSON; OFFICER TROTT, and ED MCMAHON, Sheriff; New Hanover County; LT. TRAVIS ROBINSON; SGT. WHITMORE; OFFICER MARINO; MR. WHITE; MR. THOMAS
US Court of Appeals for the Fourth Circuit, Harris, Nov. 7, 2016,
Pre-Trial – A pre-trial detainee must receive a hearing prior to punishment such as segregation
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TRENDON WASHINGTON v. STATE OF MARYLAND
Court of Appeals, Adkins, Nov. 1, 2016,
DNA Post-Conviction – a person convicted of conspiracy to commit murder is not eligible to file a petition for postconviction DNA testing under CP 8-201(b).
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TROY ROBERT ALLEN v. STATE OF MARYLAND
Court of Appeals, Hotten, July 12, 2016,
Probation – Condition barring unsupervised contact with minors (including defendant’s son) was valid, as it was reasonably related to crime of sexual abuse of other child in household
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UNITED STATES OF AMERICA v. EDGAR JAVIER BELLO MURILLO, a/k/a Payaso,
US Court of Appeals for the Fourth Circuit, King, June 14, 2016,
Jurisdiction – Extradition – Due Process – Trial of defendant in US for murder of DEA agent in Columbia did not offend due process, even where American interests were not specifically targeted
TERRANCE WILLIAMS, PETITIONER v. PENNSYLVANIA
Supreme Court of the United States, Kennedy, June 9, 2016,
Recusal – Due Process – Under the Due Process Clause there is an impermissible risk of actual bias when a judge earlier had significant, personal involvement as a prosecutor in a critical decision regarding the defendant’s case.
(Dissent – Roberts, joined by Alito – Authorizing seeking death penalty isn’t the same as personal involvement in a case and doesn’t reflect the post-conviction issue raised)
(Dissent – Thomas – Criminal and post-conviction proceedings are separate)
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KANSAS, PETITIONER v. JONATHAN D. CARR
KANSAS, PETITIONER v. REGINALD DEXTER CARR, JR
KANSAS, PETITIONER v. SIDNEY J. GLEASON
Supreme Court of the United States, Scalia, Filed Jan. 20, 2016,
8th Amendment – Mitigation – Jurors need not be instructed that mitigating circumstances “need not be proved beyond a reasonable doubt.”
(Dissent – Sotomayor – because the USSC “often” declines to grant cert where “a state court has wrongly decided an important question of federal law”, this should have been denied. The dissent doesn’t disagree with the court’s actual constitutional holdings, making it an unusual dissent)
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