Appellate Court Rulings

Impeaching Prosecution Witnesses to Establish Bias in a Maryland Criminal Trial

October 17, 2025 | by Anthony A. Fatemi, LLC

In a criminal trial, the difference between an acquittal and a conviction may often come down to which witnesses the jury finds more believable. To that end, one of the biggest keys to a successful defense is having a cross-examination that will effectively impeach (in other words, diminish or destroy) the credibility of the prosecution’s witnesses. Effective impeachment can be what provides a jury with reasonable doubt. To ensure you have the strongest possible defense on all fronts, you should make sure you have a knowledgeable Maryland criminal defense lawyer on your side.

A felony case from 2023 (and that came before the Appellate Court earlier this month) is an example of what the defense may probe as part of the impeachment process.

The alleged victim in the case, C.W., was the state’s star witness and her mother, M.W., also testified for the prosecution.

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

July 18, 2025 | by Anthony A. Fatemi, LLC

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 to turn a possible case of murder to one of voluntary manslaughter. When you are facing charges, these differences — such as between murder and voluntary manslaughter — are often massive, so understanding how to use defenses like hot-blooded response to provocation is crucial. Whatever potential defenses your case may present, an experienced Maryland criminal defense lawyer can help in putting forth the strongest possible case.

Based on that shooting in Baltimore, the state put Theodore on trial for first-degree murder. Neither side disputed that Theodore pulled a gun and shot William in the upper body, causing his fatal injuries.

The case focused not on the shooting itself but the events that led up to that fatal gunshot. Before the shooting took place, an argument began that eventually embroiled Theodore’s wife and William. At one point in the dispute, William punched the wife hard enough that it broke her glasses and knocked her momentarily unconscious. Later in the quarrel, William punched the woman in the face a second time, hitting her hard enough to knock her glasses off her face again. Enraged, Theodore shot William once in the chest, killing him.

The Sixth Amendment’s Guarantee of a ‘Public’ Trial — and How It May Help You in Your Maryland Case

June 16, 2025 | by Anthony A. Fatemi, LLC

Sometimes, the key to a successful acquittal (or, in some matters, a successful reversal of a conviction) may have nothing to do with the facts of your case or the law of the crime charged. Your assault case may come down to things wholly unrelated to who struck whom with what and have no connection to the law of assault in Maryland. Many times, these issues relate to whether the police, the state, or the court violated your constitutional rights. Protecting your constitutional rights is one of the essential things a defense attorney can do for you when you are suspected or accused of a crime. So, whether you are being questioned or being tried, make sure you have an experienced Maryland criminal defense lawyer working for you.

Often, these violations relate to the rights protected by the Fourth Amendment. As a Silver Spring robbery case shows, your Sixth Amendment rights may also be vital to a successful appeal.

The Silver Spring case involved two men who allegedly robbed D.B. at gunpoint. The state tried both robbers together. As the trial began in Montgomery County in 2014, the judge decided to close the courtroom during the jury selection process. The judge made this decision “due to space limitations,” although the lawyers for both accused men stated their opposition to the closure.

When the State May — and May Not — Use Your Conviction History Against You in a Maryland Criminal Trial

May 9, 2025 | by Anthony A. Fatemi, LLC

Many people facing a criminal trial have a history with the system. Often, prosecutors want to use that criminal history to bolster their case. The fact that you have a criminal past does not prove that you committed a specific crime, and, recognizing that, the law substantially limits when the state can use your past criminal violations in your current case. If you have a criminal history and are currently facing charges, an experienced Maryland criminal defense lawyer can provide essential aid in protecting your right to a fair trial.

Take, for example, the criminal trial of S.M. from Baltimore. After S.M. fled from Baltimore police detectives who questioned him about a nearby car, the detectives opened the vehicle and found a loaded handgun. The state brought criminal charges because the man was disqualified from possessing a firearm.

In the gun case, the prosecution wanted to present to the jury evidence that, in 2017, the state convicted the man of possessing a large amount of drugs in violation of Section 5-612 of the Criminal Code.

What is (and is Not) Proper Justification for a Maryland Traffic Stop Based on a Driver’s Use of Cell Phone While Driving

February 14, 2025 | by Anthony A. Fatemi, LLC

Driving in Maryland carries many potential risks. You could become involved in a crash, your vehicle could break down, … or the police could pull you over for a traffic violation and use that stop to find evidence of more significant crimes. In that last scenario, police sometimes overstep their bounds and engage in unconstitutional searches. When that happens, the difference between a conviction and an acquittal (or — even better — a dismissal) may be successfully getting the evidence from that search suppressed. Doing so usually means making a well-timed and well-worded pretrial motion. When it comes to this and other motions, representation provided by an experienced Maryland criminal defense lawyer is often an integral ingredient in a successful defense.

One problem in traffic stop situations is that people do not know their rights and may consent to things that the law gives them the right to refuse. A drug case from Hagerstown is a good example of this, as well as a scenario where the police overstepped.

M.S. was driving when a police officer spotted what, to the officer, looked like M.S. using the cell phone mounted to the front dash. Specifically, the officer testified that it looked like the driver was touching the phone with his right hand as he drove.

Improper Argumentation and ‘Egregious’ Prosecutorial Errors in Maryland Criminal Trials

December 17, 2024 | by Anthony A. Fatemi, LLC

Sometimes, prosecutors make statements that fall outside the bounds of what the law and the rules of court procedure allow. Many of these errors are modest, but others are severe transgressions. The latter requires more than just a sustained objection to a prosecutorial question if the defendant is to receive a fair trial. Spotting these mistakes and making the appropriate requests of the judge are crucial parts of ensuring a full and appropriate defense and are essential ways in which an experienced Maryland criminal defense lawyer can help a person accused of a crime.

A recent sex crime case from Prince George’s County illustrates one form of egregious misstep that prosecutors can make.

The trial involved D.J., a man accused of having sex with a 15-year-old girl. The accused acknowledged a relationship but stated that the sexual affair did not begin until the alleged victim was 18.

The Importance of Clear, Accurate, and Unambiguous Jury Instructions in Your Maryland Assault Case

November 15, 2024 | by Anthony A. Fatemi, LLC

A criminal trial includes many elements. An error by the court in any one of these can make the difference between a fair trial and injustice, between conviction and acquittal. Ensuring you get justice means safeguarding your rights at each of these steps. The best way to ensure that your rights are protected throughout your criminal trial is to retain the services of an experienced Maryland criminal defense lawyer.

A felony assault case from Montgomery County shows how even a seemingly subtle error can make all the difference.

The accused, W.L., was on trial following an altercation with another man outside the other man’s Takoma Park home. The other man received multiple knife wounds following a shouting match between the men. The state charged the suspect with first-degree assault.

Suspicious Bulges, Reasonable Suspicion, and the Boundaries of a Permissible ‘Stop and Frisk’ Under Maryland Law

September 12, 2024 | by Anthony A. Fatemi, LLC

In 1968, the U.S. Supreme Court decided the case of Terry v. Ohio, which declared that police officers can stop and frisk targets without violating that person’s Fourth /amendment rights if the officer has reasonable suspicion for making the stop and conducting the frisk. Today, police officers frequently obtain incriminating evidence from these stop-and-frisk interactions… but they sometimes do so without the necessary probable cause. As a criminal suspect or a person accused of a crime, getting justice via dismissal or an acquittal can mean disproving the presence of reasonable suspicion and obtaining a court order excluding the illegally obtained evidence from your case. Doing so successfully can be nuanced and complicated, so it pays to have an experienced Maryland criminal defense lawyer representing you.

Law enforcement officers sometimes use relatively broad bases for conducting a “Terry stop” (a/k/a stopping and frisking a person.) These foundations include vague things like a “suspicious bulge,” “furtive movements,” an “uncooperative demeanor,” or presence in a “high crime area.”

Courts in Maryland have noticed that allegedly suspicious bulges often aren’t… and that the law often requires more than just an officer’s observation that a suspect had a bulge the officer considered questionable. A recent gun case originating in Prince George’s County underscores this.

A New Maryland Supreme Court Ruling Addresses the Circumstances Where the Defense’s Proposed Voir Dire Questions are Mandatory

August 16, 2024 | by Anthony A. Fatemi, LLC

Putting forward a criminal defense involves much more than simply making a trial presentation. Criminal cases may be functionally won or lost before either side makes its opening argument to the jury. Processes like the jury selection process are crucial, as removing jurors with biases may be vital to getting a fair trial. That is especially true in cases involving emotionally charged subject matter, like sex crimes, crimes against minors, and especially child sexual abuse. Whatever crimes you face, you need to do everything you can to ensure you get a fair chance and a level playing field. That starts with retaining an experienced Maryland criminal defense lawyer.

The jury selection process in Maryland criminal trials involves the judge asking potential jurors several questions. This process, voir dire, is intended to draw out potential jurors’ prejudices that might affect their ability to decide the case impartially. Counsel for the accused and the state can ask the court to exclude potential jurors based on the voir dire answers given. (The law also allows the two sides to exclude potential jurors for no reason, but prohibits using those “peremptory challenges” based on discriminatory motives.)

Voir dire — and when a proposed question is (or is not) mandatory — was at the center of a major new ruling from the Maryland Supreme Court released earlier this month. This decision further strengthens the tools the defense has available for unearthing juror biases.

How ‘Imperfect’ Self-Defense Applies to Criminal Cases in Maryland

July 17, 2024 | by Anthony A. Fatemi, LLC

Most people are aware of the legal defense of “self-defense.” Most people do not know, however, that the law recognizes more than one type of self-defense. Depending on the facts of a case, the accused may be entitled to assert what the law calls “perfect” or “imperfect” self-defense. Each offers its own ways of helping an accused person. When facing a serious criminal matter, you should talk to an experienced Maryland criminal defense lawyer, who can provide insight into the affirmative defenses available under this state’s laws, including self-defense.

In Maryland, “perfect” self-defense requires an accused person to prove that he had an actual fear of “immediate or imminent… bodily harm,” and that this belief was objectively reasonable. “Imperfect” self-defense requires proving that the accused acted on an actual fear of immediate or imminent bodily harm, even if that belief was unreasonable. Perfect self-defense is a complete defense and, when proven, entitles an accused person to an acquittal. Imperfect self-defense negates the element of malice, allowing, for example, a person facing a murder charge to receive a conviction for the lesser crime of voluntary manslaughter.

Recently, the Appellate Court of Maryland weighed in regarding when an accused person is entitled to demand that his jury receive an instruction regarding imperfect self-defense.