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Articles 1 - 8 of 8
Full-Text Articles in Law
Recent Development: Garner V. State: The Unit Of Prosecution For Use Of A Handgun In The Commission Of A Crime Of Violence Is The Crime Of Violence, Not The Victim Or Criminal Transaction; The Evidence Corroborated Two Separate Handgun Convictions; And The Trial Court's One-Year Sentence For The Second Use Of A Handgun Conviction Was Illegal, Ashlyn J. Campos
University of Baltimore Law Forum
The Court of Appeals of Maryland held that the unit of prosecution for Section 4-204 of the Maryland Code, Criminal Law Article (“section 4-204”) is the individual crime of violence, not the victim or criminal transaction. Garner v. State, 442 Md. 226, 230, 112 A.3d 392, 394 (2015). The court of appeals further held that separate handgun convictions are permitted when evidence supports multiple crimes or felonies. Id. at 244, 112 A.3d at 402. Finally, the court held that a trial court does not possess the discretion to impose a sentence less than the mandatory five year minimum prescribed by …
Recent Development: Espina V. Jackson: The Local Government Tort Claims Act Limits Local Government's Liability For Constitutional Tort Claims Committed By Its Employees; Local Government Employees Acting With Actual Malice Are Liable For Their Own Torts; And Multiple Wrongful Death Actions Arising From The Same Underlying Conduct May Be Aggregated For Purposes Of The Damages Cap, Kristin E. Shields
University of Baltimore Law Forum
The Court of Appeals of Maryland held that the damages cap of the Local Government Tort Claims Act (“LGTCA”) limits a local government’s liability for damages caused by an employee’s tortious act in violation of the state constitution. Espina v. Jackson, 442 Md. 311, 317, 112 A.3d 442, 446 (2015). The court also held that this limitation does not contradict the supremacy of the state constitution. Id. at 335, 112 A.3d at 456. Furthermore, the court held the LGTCA damages cap is not an unreasonable restriction on the right to remedy under Article 19 of the Maryland Declaration of Rights. …
Recent Development: Hailes V. State: The State May Appeal A Trial Court's Ruling Excluding A Dying Declaration; The Length Of Time Between A Declarant's Statement And Death Is Irrelevant In A Dying Declaration Analysis; The Confrontation Clause Is Inapplicable To Dying Declarations, Lauren A. Panfile
University of Baltimore Law Forum
The Court of Appeals of Maryland held that the State may appeal a trial court’s suppression of a victim’s dying declaration based on the legislative intent of Section 12-302(c)(4)(i) of the Maryland Code, Courts and Judicial Procedure Article (“section 12-302(c)(4)(i)”). Hailes v. State, 442 Md. 488, 497-98, 113 A.3d 608, 613-14 (2015). The court further held that a victim’s statement, made while on life support, was a dying declaration regardless of the fact that the victim died two years after making the statement. Id. at 506, 113 A.3d at 618. Finally, the court held that the Confrontation Clause of the …
Recent Development: In Re Tyrell A.: Trial Courts Generally May Not Order Restitution To An Individual Whose Voluntary Participation In A Crime Or Delinquent Act Results In Injury, Andrew Middleman
University of Baltimore Law Forum
The Court of Appeals of Maryland held that Sections 11-601(j) and 11- 603(a) of the Maryland Code, Criminal Procedure Article, do not authorize trial courts to order restitution to an individual who suffers an injury while voluntarily participating in a crime or delinquent act, “absent exceptional circumstances.” In re Tyrell A., 442 Md. 354, 383, 112 A.3d 468, 485 (2015). Accordingly, the court of appeals vacated a juvenile court’s restitution order to an individual who suffered nasal injuries while participating in the common law offense of affray.
Recent Development: State V. Hunt: A Petitioner Who Files For A Writ Of Actual Innocence Has The Right To A Hearing Based On Newly Discovered Evidence When The Pleading Substantially Complies With Md. Crim. Proc. § 8-301 And Md. Rule 4-332, Daniel M. Weir
University of Baltimore Law Forum
The Court of Appeals of Maryland held that the trial court erred in denying a hearing on a petition for a writ of actual innocence based on newly discovered evidence, when petitioners substantially complied with the pleading requirements under Section 8-301 of the Maryland Code, Criminal Procedure Article (“section 8-301”) and Maryland Rule 4-332.
Recent Development: State V. Yancey: Denial Of A Defendant's Request To Be Present During A Voir Dire Bench Conference With A Juror Who Is Later Selected To Serve Is Not A Harmless Error, Shannon A. Stern
University of Baltimore Law Forum
The Court of Appeals of Maryland held that the denial of a defendant’s request to be present at voir dire bench conferences is not harmless error when a prospective juror disclosed information of potential bias and was selected to sit on the jury without input from the defendant. State v. Yancey, 442 Md. 616, 617, 113 A.3d 685, 686 (2015). The court determined that the State did not meet its burden of proving the error was harmless beyond a reasonable doubt.
Recent Development: Sublet V. State: Authentication Of Evidence From Social Networking Websites Requires A Trial Judge To Find Sufficient Proof From Which A Reasonable Juror Could Conclude That The Evidence Is What The Proponent Claims It To Be, Denise A. Blake
University of Baltimore Law Forum
The Court of Appeals of Maryland, in three consolidated cases, held that a trial judge must determine that evidence from a social networking website meets the “reasonable juror” standard of authentication as a condition precedent to admissibility. Sublet v. State, 442 Md. 632, 678, 113 A.3d 695, 722 (2015). This standard requires a preliminary determination by the trial judge that a reasonable juror could find the evidence is what the proponent claims it to be.
Recent Development: Antonio V. Ssa Sec., Inc.: Upon Exhausting All Other Tools Of Statutory Interpretation, Policy Considerations Revealed That The Maryland Legislature Did Not Intend To Abrogate The Common Law Doctrine Of Respondeat Superior Through The Enactment Of § 19-501 Of The Maryland Security Guards Act, David Bronfein
University of Baltimore Law Forum
The Court of Appeals of Maryland held that the Maryland Security Guards Act, Section 19-501 of the Maryland Code, Business Occupations and Professions Article (“section 19-501”) does not expand a security guard agency’s liability for unauthorized employee conduct; rather, the statute remains consistent with the liability prescribed by Maryland’s common law doctrine of respondeat superior. Antonio v. SSA Sec., Inc., 442 Md. 67, 90, 110 A.3d 654, 667 (2015). Finding the plain language, context, and legislative history of the statute to be ambiguous and unconvincing, the court was ultimately persuaded by policy considerations behind upholding the common law doctrine of …