Blog Archives

Ruling of Prince George’s County Circuit Court judge affirmed

Sinclair v. State. The Court of Special Appeals of Maryland recently held that the limited, immediate search of an arrestee’s cell phone, pursuant to a lawful arrest, did not violate his Fourth Amendment right against unreasonable searches and seizures.  The Appellant was convicted in the Circuit Court for Prince George’s

Read more ›

Posted in Appellate Opinions, Criminal cases, Prince George's county criminal cases

Defendant’s testimony admissible in State’s case-in-chief during de novo appeals.

Oku v. State The Court of Appeals of Maryland affirmed the ruling of a Montgomery County Circuit Court judge allowing voluntary testimony from a criminal defendant’s District Court trial to be used in the State’s case-in-chief during his Circuit Court trial. The Petitioner was accused of attacking a man while

Read more ›

Posted in Appellate Opinions

Post-conviction relief after decades behind bars.

Lopez v. State The Court of Appeals of Maryland held that the doctrine of laches[1] does not apply to post-conviction petitions arising from sentences imposed before October 1995.  Mr. Lopez, sentenced in 1986 for committing a string of crimes in Silver Spring, Maryland,[2] filed his petition for post-conviction relief in

Read more ›

Posted in Appellate Opinions

Montgomery County judge denial of criminal defendant’s mistrial motions affirmed.

Choate v. State The Court of Special Appeals of Maryland recently affirmed a Montgomery County Circuit judge’s ruling denying Appellant’s motions for mistrial.  The Court held that the grant of a mistrial is not warranted when the defendant has not suffered irreversible prejudice[1] and when the prosecution’s statements in closing

Read more ›

Posted in Appellate Opinions

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,

Read more ›

Posted in Appellate Opinions

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

Read more ›

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

Read more ›

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

Read more ›

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

Read more ›

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

Read more ›

Posted in Appellate Opinions

Maryland criminal lawyer

News Articles

Law Offices of Jezic, Krum & Moyse, LLC

Click to open larger map

Translate »
Visit Us On FacebookVisit Us On YoutubeVisit Us On Google PlusVisit Us On LinkedinVisit Us On TwitterCheck Our Feed