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…
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…
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…
People in Maryland and elsewhere are often curious about how realistic television shows involving lawyers are. How television affects jurors and trials, however, is less often explored. One phenomenon in the latter category, the “CSI effect” has led to some interesting scholarship and legal rulings over the past decade. The…
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…