Dividing Property in Divorce: The 9-207 & The Marital Award One of the most common and most important issues in divorce is the division of property. Upon marrying, parties acquire property throughout the marriage. This is called marital property. Marital property is defined as all property acquired in marriage regardless of how it is titled, [...]
Be Mindful What You Tweet
Social Media and Attorney-Client Privilege: Be Mindful What You Tweet Attorneys have a professional responsibility to their clients in regards to the confidentiality of communications. The attorney-client privilege is meant to allow a client to speak with candor to his/her counsel and allow the attorney to explore all avenues of a case. As robust and [...]
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, [...]
Is Alimony a Property Right?
In some separation agreements lawyers may draft, alimony is included when discussing property rights; however Alimony is its own entity. According to Black’s Law Dictionary, “Alimony is distinct from property rights”. Alimony is a court ordered allowance that one spouse pays to the other spouse for maintenance and support. This is calculated based upon your [...]
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 [...]
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 [...]
