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 [...]
Military Benefits in Child Support
Calculating Military Benefits into Child Support When you are applying the Maryland Child Support Guidelines to calculate what you should ask for or what you should pay for child support, make sure you do not neglect to include any military benefits you may receive or those that the other parent may receive. This includes military [...]
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 [...]
Dollars and Dimes of Divorce
Investing in Your Divorce Action Divorce is not a small matter because it typically affects issues of child support, alimony, and division of marital property. Since it can be a time consuming and expensive matter, you should spend lots of time to protect what you hope to gain from the divorce, whether it is alimony, [...]
Don’t Neglect Negligence
What is Negligence? How do I know if I have a claim? Case- Ventricelli v. Kinney System Rent A Car, Inc.,45 N.Y.2d 950 (1978) For a person (Plaintiff) to succeed on a negligence claim, he or she must prove that there is a duty of care that was breached and caused damages. If Plaintiff cannot [...]
“Probable Cause” Probably Caused Your Arrest, Not Stop
The term “Probable Cause” has been an elusive term ever since the days of Terry. At that time, the US Supreme Court stated that a person was the subject of an illegal search and seizure (stop) unless the arresting authority had justifiable articuable facts to conclude that a person was engaged in or about to [...]
