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 [...]
Recent Maryland Decisions – 8/17
MARYLAND COURT OF APPEALS Criminal Procedure, Post-conviction relief: Defendant was not entitled to post-conviction relief to re-litigate the allegation that the trial court erred by excluding expert testimony, because that issue had already been finally litigated and cases decided after his trial did not establish any previously unrecognized constitutional standard. Greco v. State, No. 86, [...]
DWI: Didn’t Witness It, Still Arrested!
I can be charged with a DUI even if the cop doesn’t see me driving? Case: Bryant v. State, 142 Md. App. 604 (2002). In this case the court addresses the issue of whether someone can go to jail for driving under the influence when the arresting officer neither observed the individual driving nor [...]
Recent Maryland Decisions – 6/8
MARYLAND COURT OF APPEALS Criminal Procedure, Maryland Wiretapping and Electronic Surveillance Act: Because the “listening post” where the law enforcement officers first heard communications intercepted from defendant’s cell phone was within the geographical jurisdiction of the circuit court issuing the ex parte wiretap order, the interception was proper under the Maryland Wiretapping and Electronic Surveillance [...]
Recent Maryland Decisions – 5/18
COURT OF APPEALS Administrative Law, Appeal of public employee’s termination: Petitioner’s appeal of her termination was properly dismissed because she failed to file the appeal in a timely manner pursuant to SP §11-110(a)(1). Fisher v. Eastern Correctional Institution, Department of Public Safety & Correctional Services, No. 90, Sept. Term, 2011. RecordFax No. 12-0426-21 Administrative Law, [...]
RECENT MARYLAND DECISIONS – 5/10
MARYLAND COURT OF APPEALS Criminal Procedure, Voir dire objection: An overruled objection to a “CSI effect” voir dire question, where the nature of the objection was directed to the composition of the jury, was waived when the defense thereafter accepted the jury without qualification. State v. Stringfellow, No. 62, September Term, 2011. RecordFax No. 12-0423-22 [...]
