UNITED STATES OF AMERICA v. MARVIN WILBERT POWELL
US Court of Appeals for the Fourth Circuit, Niemeyer, March 1, 2017,
Ineffective Assistance- A defense attorney was not required to seek to disqualify a juror where she told the defendant’s father that “everything would be alright and that [he] needed to give [his] son a good kick in the butt.”
KEVON SPENCER v. STATE OF MARYLAND
Court of Appeals, Greene, Nov. 29, 2016,
Attempt- Where defendant veered off of the road to get around police vehicles and struck a pedestrian, insufficient evidence to convict of attempted murder
(Plurality opinion as to Batson, with Watts concurring. Majority opinion formed for the Insufficient Evidence portion by adding Barbera)
(Dissent in part- Barbera – Disagrees on Batson, but agrees insufficient evidence to convict of attempted murder. Essentially quotes that portion of the CoSA opinion.)
(Dissent and Concur- Watts- Agrees on Batson, but disagrees that there was insufficient evidence to convict)
(Dissent- McDonald – Disagrees on Batson, disagrees on insufficiency of evidence – and we should get rid of peremptory challenges)
(Dissent- Getty- Disagrees on Batson, disagrees on insufficiency of evidence)
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TIMOTHY TYRONE FOSTER, PETITIONER v. BRUCE CHATMAN, WARDEN
Supreme Court of the United States, Roberts, May 23, 2016,
Batson – 1987 murder conviction overturned where State provided “implausible” and “fantastic” assertions in response to defense evidence that jurors were removed on basis of race
(Concur – Alito – Yes, there was a violation, but the State should decide whether it is barred by res judicata)
(Dissent – Thomas – This claim was already considered and rejected at the State level; wrong of the court to fact-find)
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KEVIN COLLINI v. STATE OF MARYLAND
Court of Special Appeals, Krauser, Filed Feb. 24, 2016,
Jury Selection – Abuse of discretion where trial court found Batson violation and sat juror previously struck by defense despite lack of finding of discrimination with regard to that juror
MASHEA LOUISE RAY-SIMMONS A/K/A TAYANA SIMMONS AND ANTIONETTE MCGOULDRICK v. STATE OF MARYLAND
Court of Appeals, Barbera, Filed Feb. 22, 2016,
Jury Selection – Prosecutor’s explanation facing Batson challenge that “I intended to replace [a struck juror] with another black male” is not race-neutral and not “clear and reasonably specific” as to the basis for the strike
(Dissent- McDonald – We should get rid of peremptory challenges altogether. Prosecutor’s explanation related to stage 1 (pattern), not stage 2 (explanation). Also, objection was waived.)
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JOVAN MAURICE BRICE v. STATE OF MARYLAND
Court of Special Appeals, Woodward, Filed Nov. 25, 2015,
Prohibited Person – Regulated Firearms – “There is no language in [PS 5-144(a)(1)] requiring a defendant to know that he is disqualified.”
(ed note – Bad legal analysis, so careful leaning too hard on this one)
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