JAMES A. CALHOUN-EL v. STATE OF MARYLAND
Court of Special Appeals, Dec. 21, 2016, Graeff,
Post-Conviction – Unger – In a trial where the jury was advised that they were bound by constitutional instructions but were the judges of law for specific offenses, the Defendant waived his challenge by not objecting
STATE OF MARYLAND v. JAMES LESLIE ADAMS-BEY, JR.
Court of Appeals, Barbera, August 25, 2016
UPPA – Anyone that files a “proper” postconviction or motion to reopen postconviction is “entitle[d] to a new trial” if their trial involved “advisory only” instructions involving the presumption of innocence and the standard of proof in some way (either expressly or by implication).
(Joining Judgment Only – Watts – Courts should not automatically grant new trials based on Unger)
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