In a recent case, a Maryland appellate court considered, among other issues, the question of whether two convictions for conspiracy to commit first-degree burglary had created double jeopardy. The victim of the burglary lived with his sister in Maryland. In December 2010, he came home to the back door broken…
Maryland Criminal & Immigration Lawyer Blog
Maryland Mother Loses Her Daughters
Family law cases regarding child custody frequently turn on the best interests of the child. While parents have a Fourteenth Amendment right to raise their children without the State’s interference, this isn’t an absolute right. It must be balanced against society’s responsibility towards the child’s welfare. In Maryland, the court…
Maryland Appellate Court Finds Abuse of Discretion, But Permits Conviction To Stand
The Maryland Court of Special Appeals recently addressed two interesting questions of criminal trial procedure. The first question was what kind of crime could be used to impeach (discredit) a witness. The second question was whether a trial court is permitted to refuse a re-cross examination once new testimony is…
Maryland Appellate Court Finds A Competent Unanimous Jury Waiver in Stabbing Case
A Maryland appellate court recently considered whether a defendant competently waived his constitutional right to have a jury decide his case unanimously. The case arose when the defendant stabbed and killed a man in 2009. After an investigation he was charged with first-degree murder and two related weapons offenses. The…
Maryland Appellate Court Rules Citizenship Question is Proper During Voir Dire
In Maryland, only United States citizens may serve on the jury for a state case. Recently, a criminal defendant appealed his conviction on the grounds that a Maryland court did not ask potential jurors voir dire questions about their citizenship. The criminal defendant had previously been convicted of a felony…
Maryland appellate court rules assault may occur even when victims are not present
In Snyder v. State, the Maryland appellate court recently considered two indictments. In the first case, the defendant was indicted on thirty-seven counts based on shootings that took place at his neighbor’s properties. In the second indictment (called by the court, the “neighbor case”), the defendant was charged with similar…
Maryland Appellate Court Rules Against Defendant Who Cut a Police Dog
A Maryland appellate court recently decided a case involving a charge of aggravated cruelty to animals. This case arises from the defendant stabbing a fifteen-year-old in Baltimore, Maryland in July 2004. The police officer went to the house of the defendant’s aunt and saw him run away. A K-9 officer…
Case Summary: Prostitution Charge Dismissed After Client’s Successful Completion of Diversion Program
Recently, our office represented a criminal defendant who had been charged with prostitution in Baltimore City, MD. She was facing up to one year in jail and a $500.00 fine if she was found guilty. However, the possible immigration consequences were even more severe – deportation from the U.S. Our…
Maryland Court Rules Victim Not Need Be Aware of Sexual Abuse/Exploitation
In the recently filed case Edward Charles Schmitt v. State of Maryland, the Maryland Court of Special Appeals considered whether evidence was sufficient to convict a man of sexual abuse or exploitation of a minor where the minor was not aware of the abuse or exploitation. The defendant moved in…
Maryland Considers Broad Criminal Law Bills to Protect Minors
Recently Maryland has been considering criminal bills related to the special protection of minors. This year, the “Misuse of Interactive Computer Service” bill, also known as “Grace’s Law”, is expected to be signed into law. Sponsored by Senator Allen Kittleman, it is a General Assembly bill named after a high…