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Articles Posted in Second-Degree Murder

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Battery Upon a Close Relative and the Law of Provocation in Maryland Homicide Cases

A 2022 front-yard fight in Baltimore left one man dead and another on trial for murder. The ensuing case and appeal have broken important new ground in Maryland law, clearly recognizing for the first time that a substantial battery on a close relative may constitute the sort of necessary provocation…

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Police Comments About a Suspect’s Credibility: What an Officer Can Say in the Interrogation Room Versus What a Jury Can Hear in a Trial

Maryland law gives law enforcement officers extensive leeway in the interrogation tactics they use. Officers may permissibly manipulate, deceive, and even outright lie to a suspect; those are all valid investigative tactics. This reality is one of the reasons why refusing to speak with officers without a qualified Maryland criminal…

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What Maryland Law Says About the Admissibility of an Accused Person’s Prior Bad Acts

In a Maryland criminal trial, a jury should only convict the accused if the prosecution has presented evidence proving the accused’s commission of that specific crime beyond a reasonable doubt. Often, the people on trial are folks without spotless records; they may have had multiple prior encounters with the criminal…

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‘No-Communication’ Orders During Court Recesses and the Right to Counsel in Maryland

One of the most important fundamental rights each person in Maryland has is the right to legal representation in criminal matters. This right acknowledges just how important a robust defense is to a fair criminal process and how life-altering a criminal conviction can be. If you are facing a criminal…

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A Maryland Man Accused of Murder is Granted a New Trial… for the Second Time

When you’re accused of a crime, achieving a successful result may involve many procedural steps. These could include things like pretrial motions (such as a motion to suppress illegally obtained evidence,) in-trial objections (such as opposing the admission of inadmissible hearsay evidence,) post-trial motions, and appeals. To ensure that your…

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Juvenile Suspects, Police Interrogation, and When a Confession is (Or Isn’t) Voluntary Under Maryland Law

For an agreement to be legally binding, certain things must be true. Generally, both sides must have agreed to the agreement’s terms knowingly and voluntarily, free from improper coercion, duress, or fraud. That’s true whether you’re entering into a commercial sales contract, a marital settlement agreement, a plea deal, or…

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What Maryland Prosecutors Can — and Can’t — Say During Your Trial About Your Invoking Your Right to Silence

Most people are aware that the Constitution gives criminal suspects the right to remain silent or to refuse to speak to the police. When a suspect tells the police “I’m not saying anything” or “I’m finished talking,” he’s invoking his constitutional rights. What you may not immediately realize, however, is…

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What a Shocking Death in Bethesda Can Teach When It Comes to the Criminal Charges You’re Facing in Maryland

Most people, when they think of “murder,” think of an intentional killing. However, here in Maryland, that is only one of two kinds of second-degree murder the law recognizes. In addition to intentional murder, there’s also what the law calls “depraved-heart” murder, where you can be just as culpable (and…

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How to Get an Expert’s Testimony Excluded from Your Maryland Criminal Case When that Expert is Not Sufficiently Reliable

If you’re on trial, one thing you may find exceptionally intimidating is when the prosecution puts on a scientific expert witness to testify. You may fear that the jury will give great importance to what this person says and, if his/her testimony seems to indicate that you’re guilty, then the…

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An Overturned Murder Conviction in Alaska Highlights an Important Concept in Maryland Law About Prosecutors’ Closing Arguments

Sometimes, even cases going on out-of-state can shed some important light on the way Maryland criminal defense law works. A recent ruling from Alaska that threw out a man’s murder conviction due to a prosecutor’s closing argument is particularly interesting for Marylanders as, among the cases the Alaska court took…

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