Law Commons^™

Recent Development: Peterson V. State: Limitations On Defense Cross-Examination Are Permitted When The Testimony Lacks A Factual Foundation, Is Overly Prejudicial, Or Has Not Been Adequately Preserved, Meghan E. Ellis

University of Baltimore Law Forum

The Court of Appeals of Maryland held that the defendant’s right to confrontation was not violated when the defense was precluded from cross-examining a witness about hallucinations and his potential sentence prior to entering into a plea agreement. Peterson v. State, 444 Md. 105, 153-54, 118 A.3d 925, 952-53 (2015). The court found that the defendant failed to preserve the issue of a witness’s expectation of benefit with respect to pending charges, and failed to show sufficient factual foundation for a cross-examination regarding the expectation. Id. at 138-39, 118 A.3d at 944. In addition, the court found that, although not …

Recent Development: Williams V. State: A Confession Is Voluntary Unless The Defendant Unambiguously Invokes His Constitutional Right To Remain Silent Or The Confession Is Obtained Through Coercion Or Inducement, Pascale Cadelien

University of Baltimore Law Forum

The Court of Appeals of Maryland held that “I don’t want to say nothing. I don’t know,” is an ambiguous invocation of the right to remain silent. Williams v. State, 445 Md. 452, 455, 128 A.3d 30, 32 (2015). The court reasoned that the defendant’s addition of “I don’t know” to his initial assertion “I don’t want to say nothing” created uncertainty about whether he intended to invoke his right to remain silent. Id. at 477, A.3d at 44. This allowed a reasonable officer to interpret his statement as an “ambiguous request to remain silent.” Id. Furthermore, the officers’ implication …

Baltimore's Monumental Question: Can The Heightened Social Conscience Against The Confederacy Rewrite The Constitutional Right To Due Process?, Blake Alderman

University of Baltimore Journal of Land and Development

Monuments are preserved in order to remember, educate the public on, and acknowledge the monuments’ historical significance. Maryland’s monuments are designated by two authorities: the Board of the Maryland Historical Trust and smaller municipal commissions.1 The Board examines local monuments to be submitted to the national registry, whereas the smaller commissions are appointed and operate to preserve local Baltimore monuments.2 On June 30, 2015, Baltimore City Mayor Stephanie Rawlings-Blake announced the creation of a Special Commission to review all Baltimore City Confederate historical monuments.3

The Commission’s appointment stems from a recently heightened national awareness of racism embedded in government culture. …

Never Alone: Why The Inevitable Influx Of Drones Necessitates A New Fourth Amendment Standard That Adequately Protects Reasonable Expectations Of Privacy, Paul Burgin

University of Baltimore Law Review

In June 2011, North Dakota cattle rancher Rodney Brossart became the first American to be arrested with the aid of a drone (Unmanned Aircraft System(s) or UAS) operated by law enforcement. Six cows found their way onto Brossart's property, and he refused to turn them over to law enforcement officials. Brossart and a few family members chased police officers off of his property at gunpoint, and police later returned with a warrant and SWAT team. A sixteen-hour standoff ensued until police called in the assistance of a UAS to pinpoint Brossart's exact location. Shortly thereafter, SWAT officers rushed in, tased, …

"And To Your Left You'll See...": Licensed Tour Guides, The First Amendment, And The Free Market, Kristin Tracy

University of Baltimore Law Review

If you are a beer-lover visiting Washington, D.C., you might want to check out “DC Brew Tours,” a “beer tour company in the Capital region that offers daily brewery tours to Washington’s best breweries, brewpubs, and bars.” As you would expect, the tour includes samples of beer from a number of local craft breweries, as well as information about how each beer is made. What you might not expect, however, is that, until very recently, DC Brew tour guides were legally obligated to pass a written exam about the history of D.C., a topic which has little to do with …