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Articles Posted in Jury Instructions

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What Can You Do When the Police Accidentally Destroy Evidence that’s a Part of Your Maryland Criminal Case?

When the police destroy evidence that was relevant to your case, that’s potentially a huge problem, as you’ll never know if that proof could have strengthened your case. When that happens — whether the destruction was accidental or intentional — there are steps you can take. When it comes to…

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How the Lack of a Jury Instruction Can Lead to the Reversal of Your Maryland Criminal Conviction

An old Chinese proverb says that a “journey of a thousand miles begins with a single step.” A successful defense against criminal charges can be like that. The monumental final destination of acquittal (or reversal of a conviction) involves hundreds or thousands of discrete tiny steps. Make sure that that…

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When the State is — and Isn’t — Entitled to a Jury Instruction About Fleeing the Scene of the Crime in a Maryland Criminal Case

There’s so much minutia that goes into a truly proper and complete defense in a criminal case. Whatever the alleged crime, but especially if that crime is a major felony, a conviction has the potential to drastically alter your life for the worse. Don’t leave your future to chance; make…

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How Police Procedural TV Shows May Impact Your Maryland Criminal Case

Television has a major impact on how many people view the world, including the world of criminal justice. Of course, police procedural TV shows represent creative minds’ artistic interpretation of a crime scene investigation, a police interrogation, or a criminal trial. While that’s true, there still may be opportunities to…

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The Difference Between Success and Conviction in Your Maryland Criminal Case May Rest Upon Seemingly Small Details

Sir Arthur Conan Doyle is a British author best known for writing the stories of detective Sherlock Holmes. In the 1891 story, A Case of Identity, Holmes opined that “it has long been an axiom of mine, that the little things are infinitely the most important.” Any good Maryland criminal…

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What the Right of a Maryland Defendant to ‘Be Present at all Stages of a Criminal Trial’ Means and How that Right Can Help

A criminal defendant has many rights under the U.S. and Maryland constitutions. Article 5 of the Maryland Declaration of Rights says that a criminal defendant has the right to be physically present at every stage of his trial. This right is very important because, sometimes, a judge will misconstrue, forget,…

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How a Small Flaw in a Jury Instruction Allowed a Maryland Man to Get His Conviction Overturned

In science, there exists something called the “butterfly effect.” The butterfly effect involves circumstances in which a small change in an initial state can result in massive difference in a later state. The concept got its name from scientists who asked the question: can a massive storm in one part…

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The ‘Missing Witness’ Jury Instruction and the Role it Can Play in Your Maryland Criminal Trial

As a defendant in a criminal trial, you have the right to testify or to forego testifying. You also have the right to call the witnesses whom you want and refrain from calling witnesses whom you don’t want on the stand. All of these decisions are made based upon carefully…

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How Erroneous Jury Instructions on a Maryland Murder Charge Can Taint an Entire Case and Lead to a Reversal of All Convictions

There are several different ways that a defendant can be convicted of murder in Maryland. One of these is for the state to prove beyond a reasonable doubt that the accused committed intentional murder. An alternative avenue does not require the state to prove this level of intent. It only…

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Maryland Court of Appeals Grants New Trial to Battered Wife in Murder-for-Hire Case

A new ruling from the Maryland Court of Appeals is a very important one regarding how battered spouse syndrome can affect and bolster a criminal defendant’s defense. In the ruling, the court concluded that the law of imperfect self-defense requires a belief that the threat was immediate or imminent, but…

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