In a recent case, a man was found guilty of assault. The court decided he was not criminal responsible and committed him to the Department of Health and Mental Health under Maryland Code (1994 Repl. Vol.) § 12-111 of the Health-General Article. The court issued an order of conditional release,…
A person convicted of a crime may file a petition for writ of actual innocence if there is newly discovered evidence that (1) creates a substantial possibility of a different result and (2) could not have been discovered in time to move for a new trial. The petitioner is entitled…
In a recent case a defendant asked the Maryland Court of Appeals to review of a judge’s imposition of a 25 year mandatory, enhanced sentence. The defendant had been convicted of cocaine distribution and conspiracy. The State notified the defendant it would seek a mandatory 25-year sentence without possibility of…
Criminal harassment charges in Maryland are not limited to instances in which someone harasses another person in person by following them or committing physical acts against his or her body. In a recent complicated criminal case, the Maryland Court of Special Appeals considered an email harassment case. The defendant in…
In an interesting recent case, the defendant was charged with theft of property worth more than $100,000 and related offenses after occupying a home without permission for 7 months. The home was an expensive single-family dwelling. The owner had moved out and offered the property for sale with a Coldwell Banker…
In a recent case, the defendant was driving with five others when they came upon a man who was standing in the middle of the road. They swerved to avoid hitting him. The defendant and another passenger came back to the man, who seemed to be drunk. The man came…
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…
The Fourth Amendment protects people against unlawful searches and seizures. Usually, a warrant is required for a search. Often a criminal defense attorney is able to prevent evidence against his client from coming in, if he can show that the evidence was obtained through an unlawful search or seizure. However, there are…
When the State of Maryland tracks a vehicle with a GPS device attached to the exterior of a car in order to watch its movements, is that considered a “search” under the Fourth Amendment? A recent case that arose from the GPS tracking of a defendant’s car answered that question.…
In a recent case, the petitioner was convicted of multiple counts of second-degree murder, first-degree assault, and use of a handgun, among other things. He was sentenced to imprisonment plus 170 years. The case arose when two men were shot and killed. There were several witnesses who testified on behalf…