DARRELL BELLARD v. STATE OF MARYLAND
Court of Appeals, Watts, March 31, 2017,
Sentencing- CR 2-304(a) – Following conviction for 1st-degree murder, the judge (not the jury) determines whether to sentence the defendant to life imprisonment or life imprisonment without the possibility of parole
UNITED STATES OF AMERICA v. TODD ALLEN SPENCER, a/k/a Todd Alan Spencer
US Court of Appeals for the Fourth Circuit, Wilkinson, Feb. 9, 2017,
Sentencing- Based on the impact it had on the victim, a 45 month sentence for sending a threatening letter coated with fake anthrax was not unreasonable even where it marked a significant departure from guidelines.
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CURTIS MAURICE LOPEZ v. STATE OF MARYLAND
Court of Special Appeals, Krauser, Feb. 2, 2017,
Discovery- Sentencing- Where the State has tendered voluminous discovery, it is required under Rule 4-342 to “identify, with some specificity, what previously disclosed documents and information it intends to rely upon at sentencing”
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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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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
LARRY JACKSON v. STATE OF MARYLAND
Court of Special Appeals, Woodward, Oct. 26, 2016,
Evidence – Evidence of past history of domestic violence with the victim was properly admitted to show motive: exertion of control over the victim through violence.
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STATE OF MARYLAND v. STEPHANIE L. SMITH
Court of Special Appeals, Moylan, Sept. 29, 2016,
Plea Bargain – Motion to Correct Illegal Sentence – Illegal sentence where judge bound themselves to a plea agreement and then breached by giving the defendant a PBJ.
DARRELL BELLARD v. STATE OF MARYLAND
Court of Special Appeals, Nazarian, August 31, 2016,
Murder – Sentencing – Statutory remnants of the repeal of the death penalty did not create a new sentencing procedure that allowed for election of sentencing by jury in 1st Degree Murder trials
UNITED STATES v. MICHAEL BRYANT, JR.
Supreme Court of the United States, Ginsburg, June 13, 2016,
Enhanced Sentence – Because the Sixth Amendment doesn’t apply to tribal court proceedings, valid underlying convictions from trial court can serve to enhance federal sentences even where they are obtained without right to counsel
(Concur – Thomas – Prior convictions violating Sixth Amendment should be used for enhancement, Indian Affairs shouldn’t be subject to blanket congressional oversight without at least considering the tribes individually and the treaties made)
OSCAR CRUZ-QUINTANILLA v. STATE OF MARYLAND
Court of Special Appeals, Thieme, May 31, 2016,
Sentencing – Not abuse of discretion to allow state witness to testify at sentencing with regard to defendant’s membership in gang where evidence of criminal or violent conduct of the gang is introduced.