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Articles Posted in Case law

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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…

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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…

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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…

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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…

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