COURT OF SPECIAL APPEALS Criminal Procedure, Criteria for continuance: The trial court did not abuse its discretion in denying defendant’s continuance to obtain exculpatory evidence, because defendant did not meet his burden to show that he satisfied the criteria set forth in Jackson v. State, 214 Md. 454, 459 (1957). Davis v. State, No. 953, [...]
Sanctions for Refusal to Take a Breathalyzer
Sanctions for Refusal to Take a Breathalyzer You have the right to refuse to take a breathalyzer. In Maryland evidence of refusal to take a breathalyzer test is admissible only where it is material and relevant to a matter other than guilt or innocence. See Breathalyzer Refusal Admissibility. However, if you refuse, the State has [...]
Recent Maryland Decisions 9/14
Administrative Law, Private cause of action: TP §21-809, which authorizes the use of speed monitoring systems on certain roads, does not provide an express or implied private cause of action in tort.Baker v. Montgomery County, No. 124, September Term, 2011. RecordFax No. 12-0821-22, 28 pages. Civil Procedure, Court rules: In wife’s appeal of child custody [...]
It’s Your Choice… Don’t Blow It!
Breathalyzer Refusal Admissibility In a criminal case, the prosecutor for the State of Maryland has the burden of proving your guilt beyond a reasonable doubt. This guilt is proven through what is called “admissible evidence”. In Maryland evidence of refusal to take a breathalyzer test is admissible only where it is material and relevant to [...]
Recent Maryland Decisions – 8/31
Constitutional Law, Freedom of speech: Statutory ban on falsely assuming or pretending to be a law enforcement officer was not unconstitutionally overbroad and did not violate defendant’s First Amendment right to freedom of speech because defendant failed to show realistic danger that the statute would significantly compromise anyone’s First Amendment rights, and statute served state’s [...]
Evidence Destroyed?… Not So Fast
What happens if someone destroys evidence in your case? According to Maryland Rules of Evidence, if someone who has access to relevant evidence in your case destroys or fails to produce the evidence, then you may argue to the jury that they may infer that the evidence would have been unfavorable to the party who [...]
Recent Maryland Decisions – 8/27
Civil Procedure, Jurisdiction over foreign corporation: Foreign corporations possessed sufficient contacts with the state to support the court’s exercise of personal jurisdiction over them, because the corporations purposefully availed themselves of privilege of conducting activities in forum state, plaintiff’s claims arose out of those activities, and the exercise of personal jurisdiction was constitutionally reasonable. Tire [...]
Blood Tests and DUIs
In Washington a new law was passed allowing police officers to draw blood from people they suspect of driving under the influence even if the individual refuses to give the blood sample. This is not a law in Maryland. In Maryland, an officer can either use a breathalyzer on you or perform a field sobriety [...]
