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 – 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 [...]
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 [...]
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, [...]
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 – 7/10
COURT OF SPECIAL APPEALS Real Property, Interpretation of deed: The circuit court did not err by declaring that plaintiff owned no interest in a 10-foot strip of land that borders property owned by both plaintiff and defendants, and that defendant holds all right, title and interest in and to the strip, subject to an easement. [...]
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, [...]
