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Attorney Beats Settlement Offer By Going to Trial and winning

After receiving several low offers from the insurance company in rear-end collision case, Injury attorney Jonathan Carroll got a call from defense counsel late in the afternoon before trial. The insurance company had substantially increased their offer, but it was still less than the full value of the case. After

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Posted in Injury Cases

Maryland Pattern Jury Instructions.

Hall v. State. In a close decision, the Court of Special Appeals of Maryland affirmed a ruling from the Circuit Court of Baltimore City permitting the reading of an Allen-type jury pattern instruction[1] that did not strictly adhere to the language included in the instruction.  Although the Court noted that,

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Posted in Appellate Opinions

Jezic convinces Montgomery County Circuit Court judge not to revoke probation.

Jezic’s criminal client was facing 8 1/2 years back-up time for an alleged violation of probation, which was based on his client’s alleged continued involvement in an illegal gang.    At the hearing the prosecution presented numerous damning photos and blog postings, as well as expert testimony from a Montgomery County

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Posted in Criminal cases, Maryland cases

The “extreme” ruse – When consent becomes involuntary.

Redmond v. State. The Court of Special Appeals of Maryland held that extreme ruses of deception employed by police to obtain consent to enter (or search) may vitiate, per se, the voluntary nature of the defendant’s consent.  Generally, law enforcement is permitted to use ruses as a means of obtaining

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Posted in Appellate Opinions, Maryland cases

Was there sufficient evidence to support a conviction for second-degree assault?

Jones v. state. The Court of Special Appeals of Maryland held that when a defendant shoots multiple bullets into an occupied residence (which he knows to be occupied), there is sufficient evidence for a jury to reasonably infer that the defendant intended to cause fear of imminent bodily harm to

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Posted in Appellate Opinions

Jury Trial Waiver In Montgomery County Circuit court and Impeachment through use of Conviction of Resisting Arrest.

Banks v. State The Court of Special Appeals of Maryland held that, should a defendant decide to waive his Sixth Amendment right to a trial by jury, the trial court must announce this decision on the record in open court, acknowledging the defendant’s knowing and voluntary waiver of this constitutional

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Posted in Appellate Opinions

The Work Product Doctrine and Other Crimes Evidence.

Thomas v. State. The Court of Special Appeals of Maryland held that the disclosure of a recorded statement that contains only the verbatim statements of the witness (facts) is not protected under the work product doctrine.  In this case, appellant asserted that statements taken and recorded from two State’s witnesses

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Posted in Appellate Opinions

Montgomery County judge allowed to re-seat a stricken juror in criminal trial.

Khan v. State. Juror 95 The Court of Special Appeals of Maryland held that the Montgomery County Circuit Court did not err in upholding a Batson challenge when the proponent of the peremptory strike did not provide an explanation that was not pretextual or prove, to the satisfaction of the

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Posted in Appellate Opinions

Reasonable Fourth Amendment Searches: When do state actors need a search warrant?

Cory Jamaul Jones v. State of Maryland. The Court of Special Appeals of  Maryland affirmed the judgments of the Wicomico County circuit court holding that a search warrant does not have to be obtained before the collection of gun shot residue (“GSR”) from a suspect’s person.  On November 5, 2010,

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Posted in Appellate Opinions

JKM attorney obtains sentence reduction for client in ICE Custody.

Criminal defense attorney Rand Lucey convinced a Howard County District Court Judge to reduce his client’s 2008 sentence for theft.  The sentence reduction paved the way for the client, who had been detained by Immigration and Customs Enforcement for several months, to be released and avoid deportation.

Posted in Criminal cases, Maryland cases

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