In a recent appellate case a defendant charged with a double murder challenged the evidence used against him on the grounds that it had been obtained through tainted consent. The police learned of the murders when a friend of Seth Aidoo reported he hadn’t seen Aidoo or his girlfriend in…
In a recent case, a Maryland appellate court considered two protections provided by the prohibition against double jeopardy. The first protection was the plea of autrefois acquit, which prevents a second prosecution of the defendant for the same offense after he’s been acquitted. The second was the doctrine of collateral…
In a recent case, a man was shot and killed in the Malaska family’s front yard. The Malaskas and their neighbors (an unmarried couple) disagreed about their adjacent rural property. The couple used their property as a horse pasture. Both parties claimed they were the owners of trees that were…
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…