The Importance of Discovery and Properly Fulfilling Discovery Requests On television, all the drama and action always transpires in the courtroom, during trial. Lawsuits happen in phases, however, and before a case even gets to trial there is the very important and often time-consuming phase know as discovery. Discovery is really when a case is [...]
Recent Maryland Decisions 3/1/13
MARYLAND COURT OF APPEALS Administrative Law, Maryland Public Information Act: The circuit court properly granted plaintiff’s request, pursuant to the Maryland Public Information Act, to inspect certain police records regarding claims of race-based motor vehicle stops and the handling of such claims, provided that any information identifying particular individuals was redacted from the records. [...]
DO NOT DISTURB: Officer Not Included
Know Your Rights: Contesting the Charge of Disorderly Conduct — You Must Have Disturbed More Than Just Your Arresting Officer Disturbing the peace and disorderly conduct is among the most common type of criminal cases to come before the courts. This statutory offense is found at Md. Ann. Code § 10-201, “Disturbing the public peace [...]
Recent Maryland Decisions 9/28
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, [...]
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 [...]
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 [...]
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 [...]
