Most people are aware of the protections offered by the Fourth Amendment of the United States Constitution. One protection is the right to be free from unreasonable searches and seizures. The other requires that police only get a warrant that is particular and supported by probable cause. The Supreme Court…
A few months ago, this blog featured a discussion on Maryland v. King, a case that was then only pending before the United States Supreme Court. To refresh readers’ memories: A criminal defendant appealed a rape conviction that occurred only because Maryland police were able to take a cheek swab…
Usually a defendant cannot blame drunkenness or intoxication for his or her criminal conduct. However, in Maryland, as in other states, a defendant can ask that the jury receive a voluntary intoxication instruction when he or she is charged with a specific intent crime. A specific intent crime is one…
In a recent case, a Maryland appellate court considered, among other issues, the question of whether two convictions for conspiracy to commit first-degree burglary had created double jeopardy. The victim of the burglary lived with his sister in Maryland. In December 2010, he came home to the back door broken…
Family law cases regarding child custody frequently turn on the best interests of the child. While parents have a Fourteenth Amendment right to raise their children without the State’s interference, this isn’t an absolute right. It must be balanced against society’s responsibility towards the child’s welfare. In Maryland, the court…
The Maryland Court of Special Appeals recently addressed two interesting questions of criminal trial procedure. The first question was what kind of crime could be used to impeach (discredit) a witness. The second question was whether a trial court is permitted to refuse a re-cross examination once new testimony is…
A Maryland appellate court recently considered whether a defendant competently waived his constitutional right to have a jury decide his case unanimously. The case arose when the defendant stabbed and killed a man in 2009. After an investigation he was charged with first-degree murder and two related weapons offenses. The…
In Maryland, only United States citizens may serve on the jury for a state case. Recently, a criminal defendant appealed his conviction on the grounds that a Maryland court did not ask potential jurors voir dire questions about their citizenship. The criminal defendant had previously been convicted of a felony…
In Snyder v. State, the Maryland appellate court recently considered two indictments. In the first case, the defendant was indicted on thirty-seven counts based on shootings that took place at his neighbor’s properties. In the second indictment (called by the court, the “neighbor case”), the defendant was charged with similar…
A Maryland appellate court recently decided a case involving a charge of aggravated cruelty to animals. This case arises from the defendant stabbing a fifteen-year-old in Baltimore, Maryland in July 2004. The police officer went to the house of the defendant’s aunt and saw him run away. A K-9 officer…