In a recent case, the appellate court looked at questions of mental competency in the case of a criminal conviction. The case arose from the defendant’s alleged stabbing and killing of an adult male. The victim, who was dying of cancer and who had been recently beaten on an earlier…
Articles Posted in Case law
Immigration Consequences of Maryland Criminal Convictions or Guilty Pleas
If you are a noncitizen immigrant, you should be aware that there may be adverse immigration consequences, such as deportation, for pleading guilty or being convicted of a crime in Maryland and other states. In a recent appellate case, a native of Belize who was a permanent resident in the…
What Constitutes “Contempt of Court” in Maryland Criminal Court?
In a recent case, the defendant tore up a copy of his probation papers after his criminal trial. He was on trial for second-degree assault after hitting and kicking his girlfriend during an argument. After the guilty verdict, the girlfriend claimed financial hardship and said she wanted to be left…
Obstruction of a Maryland Police Officer’s Investigation
In Maryland, it is illegal to obstruct or hinder a law enforcement officer trying to perform his duties. There are three kinds of obstruction: direct obstruction (physical resistance), passive direct obstruction (refusal to act as required), and positive indirect obstruction (where police officer are acting against other citizens and a…
What Happens if a Maryland Judge Erroneously Advises a Defendant Waiving His Right to Jury?
Criminal defendants in Maryland have a right to jury trial and the right to be presumed innocent until proven guilty. In a recent case, the court was asked to consider whether a waiver was valid where the trial judge offered the defendant advice that was erroneous. The case was a…
The Impact of a Defendant’s Signed Statement in Maryland
If you are suspected of a crime, you should always ask to talk to an attorney before answering questions from the police. You also should not sign anything the police give you nor write your own statement without advice of counsel. In a recent case, the issue of confession arose…
Sale of Counterfeits in Maryland
Maryland law prohibits the intentional distribution, sale and possession of items identified by a counterfeit mark. In a recent case, the defendant was driving on Route 301 with two burned out tag lights when he was pulled over by a state trooper. The state trooper noticed that the defendant did…
Maryland’s De Novo System
What is Maryland’s de novo system? It is a system that allows review of decisions rendered in courts of limited jurisdiction by a trial court of general jurisdiction. A defendant who is convicted in a District Court of Maryland can appeal the conviction de novo to a circuit court. The…
What Effect Can a Maryland Judge’s Instruction to the Jury Have on a Criminal Trial?
As we’ve mentioned in earlier posts, Maryland takes a criminal’s right to trial by jury very seriously. While deliberating, however, jurors may need instruction from the trial judge. If a question is asked of the trial judge, any answer the judge gives must accurately state the law, respond to the…
Can You Use the Misconduct of Maryland Police Officers to Discredit Their Testimony?
In a recent criminal case, the Maryland Court of Appeals considered whether it was permissible to look into internal files related to the misconduct of two detectives and use the information to challenge their credibility in a criminal trial. The case arose when two men were tried jointly and convicted…