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University Of Baltimore Law Forum Volume 45 Number 2 (Spring 2015) Front Matter

University of Baltimore Law Forum

No abstract provided.

The Duty To Preserve Esi (Its Trigger, Scope, And Limit) & The Spoliation Doctrine In Maryland State Courts, Michael D. Berman

University of Baltimore Law Forum

No abstract provided.

Recent Development: State V. Payne: Police Officer Needed To Be Qualified As An Expert Witness To Testify As To The Function Of Cell Phone Towers; Co=Defendants Are Not A Party Opponents For Hearsay Purposes, Allison Terry

University of Baltimore Law Forum

No abstract provided.

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 …

Comment: Retroactivity And The Future Of Sex Offender Registration In Maryland, Timothy J. Gilbert

University of Baltimore Law Forum

Maryland’s statutory sex offender registration scheme requires certain convicted sex offenders residing in Maryland to register with the Department of Public Safety and Correctional Services (the Department), or to register with another law enforcement or correctional entity for certain lengths of time depending on the offense(s) for which they were convicted. Among them are potentially “thousands of Maryland sex offenders” who have been required to register for offenses committed before the enactment of Maryland’s registration scheme. Retroactive application of sex offender registration schemes like Maryland’s, under the direction of the federal Sex Offender Registration and Notification Act (SORNA), has prompted …

Recent Development: Brooks V. State: Extrinsic Evidence Of A Prior Inconsistent Oral Statement Must Be Verbatim Unless Previously Adopted Or Ratified By The Declarant; A Witness’ Statement Suggesting Evidence Corroborated A Complainant’S Story May Be Harmless Error If Not Intended To Imply Truthfulness; Separate Charges Must Be Merged For Sentencing If Not Unambiguously Based On Different Acts, Stephanie Lurz

University of Baltimore Law Forum

No abstract provided.

Returning Citizens: How Shifting Law And Policy In Maryland Will Help Citizens Who Return From Incarceration, Khyla D. Craine, Esq., Glenn E. Martin

University of Baltimore Law Forum

In America, the concept of “time served” is a misnomer, as the shackles of a lifetime of collateral consequences make a criminal record a scathing obstacle for over 100 million Americans. Each year, more than 650,000 people are expected to reintegrate into our communities, often with substance abuse and mental health issues, minimal education, no job to sustain a life, and no stable home awaiting them.

While these numbers are staggering on their own, they do not reflect the even larger number of people who cycle through the court system and jails. For example, some take pleas for a lesser …

Recent Development: Raynor V. State: Non-Intrusive Dna Testing For The Sole Purpose Of Identification Is Not A Search Under The Fourth Amendment, Bradley T. Bald

University of Baltimore Law Forum

No abstract provided.

Recent Development: Waterkeeper Alliance, Inc. V. Maryland Dep’T Of Agric.: A Judicial Decision Is Appealable Only If It Constitutes A Final Judgment Or If The Decision Falls Within One Of The Three Categorical Exceptions Permitting Interlocutory Appeals, Brianne Lansinger

University of Baltimore Law Forum

No abstract provided.

University Of Baltimore Law Forum Volume 46 No. 1 (Fall 2015) Front Matter

University of Baltimore Law Forum

No abstract provided.

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. 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 …

Recent Development: Allen V. State: Dna Evidence Of A Third Party Found At A Crime Scene Must Be Confirmed By Additional Testing To Permit Admission At Trial; Extra Testing Requirement Does Not Violate The Sixth Amendment, George Makris

University of Baltimore Law Forum

No abstract provided.

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.

Comment: In The Street Tonight: An Equal Protection Analysis Of Baltimore City's Juvenile Curfew, Andrew Middleman

University of Baltimore Law Forum

The sun is setting on a late-August evening in Baltimore. Children are playing in the gym at an elementary school in Berea, a small neighborhood in East Baltimore. Ulysses Cofield is watching the clock. Cofield keeps the Fort Worth Elementary School gym open late so the neighborhood kids have a place to blow off steam at the end of the day. At 8:30 p.m., he tells a pair of ten-year-olds they must leave so they can be home within the next thirty minutes. Cofield closes the gym for the evening, then scans the block for lingering children; he wants to …

Recent Development: State V. Johnson: To Warrant An In Camera Review Of A Victim’S Mental Health Records, A Defendant Must Offer A Factual Predicate To Show A Reasonable Likelihood That The Records Contain Exculpatory Information, April L. Inskeep

University of Baltimore Law Forum

No abstract provided.

Recent Development: Spacesaver Sys., Inc. V. Adam: An Employment Agreement Containing A For-Cause Provision And An Indefinitive Term Of Employment Is A “Continuous For-Cause” Contract, Not An At-Will Employment Contract, Patrick F. Toohey

University of Baltimore Law Forum

No abstract provided.