Case law

Jury Selection in Maryland and the Improper Use of Peremptory Challenges Based on Race or Gender

February 29, 2024 | by Anthony A. Fatemi, LLC

The jury selection process in Maryland criminal trials is influenced by many competing factors. Each opposing side seeks a jury panel that, in their opinion, will be optimally receptive to their arguments and evidence. Prosecutors have many tools and know numerous techniques to help them fashion the jury they want. If you’re someone facing trial, you need a skilled Maryland criminal defense lawyer on your side who can level the playing field and help you get the fair jury you need.

In some cases, two factors that may conflict are the right to utilize peremptory challenges (which allow the removal of potential jurors even in the absence of a reason for that removal) and the Constitution’s guarantee of equal protection. A theft case recently before the Appellate Court of Maryland highlights what the law requires in these circumstances.

Courts follow the seminal case in this area, a 1986 U.S. Supreme Court ruling in Batson v. Kentucky. The high court said that prosecutors could not use their peremptory challenges to exclude potential jurors based on discriminatory considerations like race. (In that case, a Kentucky prosecutor used peremptory challenges to remove African-American potential jurors, leaving an all-white jury to decide the fate of an African-American defendant on trial for burglary.)

Challenging the Jury Selection in Your Maryland Criminal Case, and How to Avoid Inadvertent Waivers of Your Legal Options

June 9, 2022 | by Anthony A. Fatemi, LLC

In 2000, an American rock band achieved international commercial success with a song entitled “All the Small Things.” The song saluted the many small things the songwriter’s partner did that were integral to fostering the relationship’s success. A successful criminal defense, much like a successful friendship or couples relationship, is the result of dedication, commitment, and acute attention to detail. Things that might seem small may ultimately be what lead to a successful end result. That’s why, whenever you or your loved one is facing charges, it pays to have skillful representation from an experienced Maryland criminal defense lawyer.

To illustrate what we mean, consider this recent first- and second-degree assault case from Frederick County.

During jury selection, the prosecution used a peremptory challenge on a Black man. (A peremptory challenge is one where the side advancing it need not provide a reason for wanting the potential juror excused.)

What Happens When You are Convicted of a Crime in Maryland When that Crime Wasn’t Charged in Your Indictment

December 22, 2021 | by Anthony A. Fatemi, LLC

In Maryland, you have many rights in relation to criminal law. One of those is the right to know the charges against you. One very important side-effect of this right is that the state generally cannot charge you with one crime and then convict you of a similar, but different, crime that was not included. When it comes to protecting all of your rights, including this one, it pays to have legal representation from a knowledgeable Maryland criminal defense lawyer.

For example, your rights in Maryland may potentially protect you from being charged with an attempt and then convicted of the commission of the act if the commission crime was not a charged offense. That’s what happened to one Somerset County man, and he was able to use that error to get his armed robbery conviction overturned.

In this man’s case, it all allegedly started when the accused, L.F., and his girlfriend went to K.B.’s home. An argument erupted there and L.F. allegedly hit K.B. Additionally, L.F. allegedly had a gun and demanded that K.B. give him drugs.

What to Do When a Prosecution Witness Invokes the Fifth Amendment in Response to Your Cross-Examination Questions in a Maryland Criminal Trial

November 23, 2021 | by Anthony A. Fatemi, LLC

One of the most potent elements of your criminal defense can be the cross-examination of the witnesses who testify against you. That cross-examination may shed critical light onto the witness, revealing them to be something less than believable and trustworthy. When a witness tries to avoid answering your questions on cross-examination, it pays to have a skilled Maryland criminal defense attorney on your side, as that witness’s failure to answer may entitle you to have the witness’s entire testimony thrown out.

S.C. was on trial for his alleged actions during a dispute with the mother of his baby son. The woman, despite the presence of an order of protection she had against S.C., voluntarily chose to text him and ask him for money. She subsequently agreed to meet him and accompany him to a hotel room. While at the hotel room, the woman smoked marijuana and agreed to spend the night with S.C.

The next morning, the woman and S.C. allegedly became embroiled in an alleged physical altercation that was the basis for the charges the state brought against S.C.

Maryland Appeals Court Issues Pro-Privacy Ruling Rejecting Police’s Warrantless Use of Cell Phone Surveillance Device

June 22, 2016 | by Anthony A. Fatemi, LLC

An appeals court in Maryland recently issued a decision that many privacy advocates have extolled as a landmark ruling and a great victory for the privacy rights of citizens. The Maryland Court of Special Appeals upheld a lower court’s ruling excluding evidence in a murder case that was obtained through the warrantless use of a “Hailstorm” device, which is a type of cell phone surveillance tool. The opinion expressly stated that people have “an objectively reasonable expectation of privacy in real-time cell phone location information.”

Maryland Court Upholds Conviction for Manufacturing Methamphetamine

November 5, 2015 | by Anthony A. Fatemi, LLC

If a person is convicted of a crime after a bench trial (by a judge) or a jury trial, he or she is typically entitled to appeal the conviction and to assert any number of pertinent arguments. One of the more common arguments on appeal concerns a lack of sufficient evidence to support the conviction. Appellants also may argue that the law or statute did not apply to their facts and circumstances. The appellate court is required to apply the appropriate standard of review to determine whether an appellant’s arguments have merit and warrant a reversal of the conviction. To be sure that your rights are adequately protected during a criminal case, from the point of arrest through any appeal, you are encouraged to contact an experienced Maryland criminal defense attorney as soon as possible.

In a recent Maryland case, the court conducted a bench trial to determine whether the defendant was guilty of manufacturing methamphetamine, in addition to several other drug-related charges. Here, police officers assigned to a regional Narcotics Task Force executed a search and seizure warrant for the defendant’s residence. During the search of the premises, a Maryland State Trooper spoke with the defendant and asked him whether there was methamphetamine cooking on the premises. The defendant indicated that there was a bottle in the kitchen that should not be tightened, since it could blow up and cause a fire. According to the State Trooper, the defendant described how he learned to cook the drug and the actual process.

The search revealed assorted drug cooking paraphernalia. The State presented further evidence, including a forensic examiner and chemist with the Maryland State Police, as well as an expert in the identification of methamphetamine and its production and manufacture. The court found the defendant guilty of manufacturing methamphetamine, as well as other drug-related offenses. The defendant appealed, arguing that the evidence was not sufficient to convict him of manufacturing the drug because the evidence only proved that he was cooking the substance for his own personal use, which he alleged is not a crime under the statute.

Maryland’s Highest Court Reviews Legality of Criminal Sentence Below a Binding Plea Agreement

June 8, 2015 | by Anthony A. Fatemi, LLC

Most states have court rules and laws that govern the preparation and enforceability of a plea agreement between a criminal defendant and the State. According to case law, plea agreements play a “crucial role” in the Maryland criminal justice system. Part of the allure of a plea agreement is the level of certainty it provides to the person charged with a crime, as well as to the State. Furthermore, the use of plea agreements (rather than a trial) serves to reduce the overcrowding of courts by disposing of cases in an more efficient manner. It is important to ensure that any applicable legal rules are complied with in order to protect one’s rights at this very important stage, as well as throughout the whole criminal process. If you have been arrested or charged with a crime, you are encouraged to contact an experienced Maryland criminal defense attorney as soon as possible.

The highest court in Maryland recently addressed the legality of a criminal sentence that is below the terms of the binding plea agreement. In this case, a grand jury indicted Tommy Garcia Bonilla back in 1989 on two counts of first-degree murder as well as other serious crimes. Count I and Count III represented the two separate murder charges. In 1990, Bonilla and the State entered into a binding plea agreement with the following terms. If called upon by the State, Bonilla would testify against one of his co-defendants and would plead guilty to Counts I and III. In return, the State agreed that Bonilla would receive a sentence of life imprisonment on Count III, and a consecutive life imprisonment sentence with all but 20 years suspended on Count I.

Maryland Court Upholds Criminal Conviction for Second-Degree Assault

December 9, 2014 | by Anthony A. Fatemi, LLC

Under Maryland law, a person can be charged with the following three types of second-degree assault: intent to frighten, attempted battery, and battery. Case law sets forth explicit criteria to determine whether a criminal defendant has committed any of these crimes. In order to convict a defendant, the State must offer supporting evidence to satisfy each of the elements. In many criminal cases, the person charged may be able to assert various defenses in order to either negate or reduce the severity of the charges. A criminal arrest is a serious matter and should be handled accordingly. An experienced criminal defense attorney would carefully review your case and prepare the best defense under the circumstances.

In a recent Maryland court of appeals case, the defendant was charged with certain criminal offenses, including second-degree assault of the “intent-to-frighten” type against the victim, Christine Johnson (“Johnson” or “victim”). The facts revealed at trial indicate that the defendant walked up to an apartment and knocked on the door. There was some yelling between the defendant and the person who answered the door. After the door was shut, there were three gunshots. The defendant then returned to the car. Other testimony suggested that he was looking for certain people in the apartment. The police found bullet holes in and above the front door, as well as in the apartment.

Maryland Court Interprets “Enhanced Sentencing” Statute in Robbery Case

November 10, 2014 | by Anthony A. Fatemi, LLC

Every phase of a criminal case is significant. And each part of the proceeding — from arrest to sentencing — must comply with applicable state law. These laws are in place to ensure that people who are accused of a crime are afforded basic constitutional rights, among other things. Under Maryland’s enhanced sentencing statute, if a person is sentenced as a repeat violent offender, he or she could be sentenced to life imprisonment without the possibility of parole. Like most criminal statutes, the language may be subject to interpretation depending on the circumstances of a case. If you have been arrested or charged with a crime, it is important to understand your rights as early as possible in the proceedings. An experienced criminal defense attorney would be able to help defend your case with full knowledge of the laws applicable to Maryland cases.

In a recent criminal case, the defendant was arrested for robbing a bank. He was previously convicted for armed robbery in 1991 and 1995 and for robbery in 2001. The State brought the case against the defendant as a “repeat violent offender.” The defendant was convicted of two counts of robbery and sentenced to serve two concurrent terms of life in prison without the possibility of parole. The defendant appealed, arguing (among other things) that the trial court erred in sentencing him to two life without parole sentences under the Maryland enhanced sentencing statute. He claimed that his previous robbery and armed robbery convictions are not enumerated crimes of violence under § 14-401, and thus he should not have been sentenced as a fourth-time offender.

The State argued that the defendant’s interpretation ignored the clear legislative intent behind the law. The court conducted a thorough review of the enhanced penalty statute, concluding that robbery and armed robbery have always been included in the list of violent crimes that would form the basis for imposing a more severe penalty against repeat offenders. But the defendant argued that two of his previous convictions arose under “common law” and not the statutory provisions cited by § 14-401. The court proceeded to interpret the statutory language and consulted other sources in order to discern the intent of the legislature.

Maryland Court Reviews Another Case Concerning the Waiver of a Jury Trial

July 22, 2014 | by Anthony A. Fatemi, LLC

A defendant in a criminal case has certain identifiable rights under Maryland state law, such as the right to a trial by jury. As we discussed in a recent blog post, a defendant may elect to waive the right to a jury trial at any time before the trial begins. But there are certain important criteria that must be met before a court may accept the defendant’s waiver (if he or she so chooses). It is important to know and thoroughly understand your rights to be able to make an informed decision throughout the process. If you have been arrested or charged with committing a crime, you are encouraged to seek the help of an experienced criminal attorney as soon as possible.

Just two months after the decision in Nalls & Melvin v. State, a consolidated case in which the court addressed the waiver of the right to a jury trial and the requirements to preserve an appeal of same, the court once again addressed the issue in another recent case. Here, defendant was convicted of six counts of theft and “theft scheme” between $1,000 and $10,000, and sentenced to ten years of incarceration with all but seven years suspended as well as five years of probation. The only issue on appeal in this case relates to the defendant’s waiver of the right to a jury trial under Rule 4-246. Specifically, the question concerns whether the trial court complied with the requirements under the Rule.

According to the transcript of the proceedings, the court asked the defendant if he freely and voluntarily decided to waive his right to a jury trial. The defendant indicated yes and the court responded in pertinent part, “I’m going to rule that you have knowingly and intelligently waived your right to a jury trial.” The defendant did not object to the court’s ruling and the trial proceeded before the court. As mentioned above, the defendant was convicted of various counts of theft and he appealed, arguing primarily that the court failed to state on the record that he voluntarily waived the right to a trial by jury. While the State acknowledged that the Rule requires strict compliance, it nonetheless argued that appellant made a voluntary waiver.