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Articles Posted in Appellate Court Rulings

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What to Do When a Prosecution Witness Invokes the Fifth Amendment in Response to Your Cross-Examination Questions in a Maryland Criminal Trial

One of the most potent elements of your criminal defense can be the cross-examination of the witnesses who testify against you. That cross-examination may shed critical light onto the witness, revealing them to be something less than believable and trustworthy. When a witness tries to avoid answering your questions on…

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Ways that You Can Enhance Your Credibility Before the Jury in Your Maryland Criminal Case

You’ll hear the phrase “he said she said” come up a lot in relation to certain types of court cases. Many times, it might be a family court matter. Other times, though, it’s a criminal case, especially when the alleged crime is sexual in nature. When you’re on trial in…

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Police Officer Testimony About Out-of-Court Statements and When that Is — and Is Not — Inadmissible Hearsay in a Maryland Criminal Trial

A successful defense in a criminal case involves many things. One of these is keeping inadmissible evidence out of your trial. That can include excluding inadmissible hearsay testimony that potentially harms your case. To do this, and to make sure that your rights are fully protected throughout the process, it…

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Can the Police Make a Traffic Stop in Maryland if You’re Driving in an Unusual, But Not Illegal, Manner?

If you’re familiar enough with policing, you know that a significant number of criminal arrests start out as traffic stops. Some law enforcement officers, armed only with their own intuition, will do their very best to concoct a reason to make a traffic stop because they believe they can get…

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How a ‘Batson Challenge’ Works and How It Can Help You Avoid Potential Racial Discrimination in the Jury Selection Process

One of the most basic concepts underlying criminal trials in this country is the notion of fundamental fairness in the process. One element of that fundamental fairness is having your guilt or innocence determined by a jury of your peers. Toward that end, the law says that the prosecution cannot…

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When the Video Footage Recorded by a Maryland Law Enforcement Officer’s ‘Bodycam’ May Constitute Hearsay and Be Inadmissible in Your Trial

As body cameras are becoming more and more common among law enforcement officers, bodycam video footage will continue to become more and more common in criminal trials. If you are someone facing criminal charges, it is important to recognize that, just because something was recorded by a police officer’s body…

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DNA Evidence, Forensic Scientist Testimony, and a Defendant’s Right to Cross-Examination in a Maryland Criminal Trial

The Sixth Amendment to the U.S. Constitution gives each person on trial the right to confront his/her accusers and to cross-examine them. In Maryland, this state’s Article 21 gives an accused person even more protection when it comes to cross-examination. This is very important because effective cross-examination is often essential…

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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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Getting Potentially Incriminating Evidence Seized as a Result of a Warrantless Search Thrown out in Your Criminal Case in Maryland

Events from outside Maryland have once again placed into the national spotlight the issues of police stops of citizens and the bases the police use for initiating an encounter with someone. One important thing to know is that, in this state, the police must have a legitimate basis for stopping…

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What the ‘Community Caretaking’ Exception Is and How You Can Overcome Its Attempted Use by Prosecutors in Your Maryland Criminal Case

When you are on trial for drug crimes or weapons charges, there’s a realistic chance that the primary evidence the state intends to use against you was obtained by a police search conducted without a warrant. The state will inevitably attempt to argue that the evidence is admissible under one…

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