Posts tagged with: "Appeals"
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23 Jun 2022, 5:23 am
The US Supreme Court Tuesday denied Bayer AG’s appeal of a $25 million judgment against it from the US Court of Appeals for the Ninth Circuit. [read post]
26 Aug 2020, 6:15 am
Maryland Court of Appeals Criminal Procedure; Ineffective assistance of counsel: Where the motions court held in abeyance the defendant’s motion to modify a sentence under Rule 4-345(e), which grants a court revisory power over a sentence up until the expiration of five years from the date the sentence originally was imposed on the defendant, ... [read post]
27 Apr 2016, 11:17 am
Court of Appeals Administrative Law, Arbitration: Prince George County lacked the authority to enter into a collective bargaining agreement requiring that, before a criminal investigative interview of one of the County’s police civilian employees, the employee be advised of right to have union representative present at interview. [read post]
13 Jul 2016, 12:00 pm
Court of Appeals Workers’ Compensation, Calculation of average weekly wage: Average weekly wage of sole proprietor who elected coverage under Maryland Workers’ Compensation Act was properly calculated based on sole proprietorship’s net profit, not on sole proprietorship’s gross income or gross receipts, because net profit is best approximation of earnings that sole proprietor actually takes ... [read post]
7 Jun 2017, 12:00 pm
Court of Appeals Criminal Procedure, Post-conviction DNA testing: Lower court’s denial of defendant’s post-conviction petition for DNA testing upon finding that such testing would not exonerate defendant vacated because, pursuant to §8-201 of the Criminal Procedure Article, persons convicted of crimes of violence are entitled to post-conviction DNA testing upon a showing that “a reasonable ... [read post]
2 Dec 2020, 10:54 am
Maryland Court of Appeals Evidence; Prior inconsistent statements: At the defendant’s trial for murder, a witness’s written description of the murder made to police before trial was admissible under the prior inconsistent statements exception to the hearsay rule because the witness offered a contradictory and irreconcilable version of events at trial, and the witness’s memory ... [read post]
24 Apr 2019, 11:16 am
Court of Appeals Criminal Procedure; Post-conviction relief: Where client was convicted of one count of violating environmental regulations proscribing disposal of waste for each day on which the violation occurred, jury instruction that “every day on which a violation is still present constitutes a separate violation until the violation is corrected” was so plainly contrary ... [read post]
17 May 2017, 12:00 pm
Court of Appeals Criminal Procedure, Discharge of jury without verdict: The trial judge’s declaration of a mistrial and discharge of the jury obviated the judge’s authority to subsequently enter a judgment of acquittal, and, given the judge’s erroneous entry of a judgment of acquittal, double jeopardy principles did not bar the defendant’s retrial. [read post]
2 Aug 2017, 12:00 pm
Court of Appeals Professional Responsibility, Indefinite suspension: Where attorney’s misconduct in representing client included, among other things, revealing information subject to the attorney-client privilege to the detriment of his client, appropriate sanction for attorney’s violations of multiple Rules of Professional Conduct was indefinite suspension. [read post]
7 Jul 2021, 10:37 am
Maryland Court of Appeals Torts; Negligence: Cts. [read post]
27 May 2020, 8:14 am
Maryland Court of Appeals Evidence; Authentication: At the defendant’s trial for attempted robbery and related offenses, the trial court did not abuse its discretion in admitting Facebook-related evidence where there was sufficient circumstantial evidence under Maryland Rule 5-901(b)(4) for a reasonable juror to find that the Facebook profiles in question belonged to the defendant and ... [read post]
16 Sep 2020, 11:59 am
Maryland Court of Appeals Professional Responsibility; Disbarment: Disbarment was the appropriate sanction for a Maryland attorney who commingled personal and client funds in his attorney trust account, used the funds in his attorney trust account for personal and familial financial obligations, failed to disburse his client’s settlement funds in a timely manner, and misused his ... [read post]
18 Jul 2018, 12:00 pm
Court of Appeals Civil Procedure, Jurisdiction over attorney disciplinary matters: Bar Counsel’s decision not to investigate a complaint of attorney misconduct was part of an attorney disciplinary proceeding, falling under the Court’s original and exclusive jurisdiction over attorney disciplinary matters. [read post]
8 May 2019, 8:18 am
Court of Appeals Administrative Law; Land annexation: Based on its interpretation of the ambiguous language of Local Government Article §4-403(b)(2), stating that before an annexation resolution is introduced, the legislative body shall obtain consent from: (1) at least 25 percent of the registered voters who are residents in the area to be annexed; and (2) ... [read post]
30 Dec 2020, 9:39 am
Maryland Court of Appeals Professional Responsibility; Disbarment: Disbarment was the appropriate sanction for a Maryland attorney who, among other things, failed to take necessary and fundamental steps in client cases, including failing to respond to discovery, missing court appearances, appearing at proceedings unprepared, abandoning clients, failing to remit funds from clients’ settlements to pay medical ... [read post]
12 Jul 2017, 12:00 pm
Court of Appeals Administrative Law, Abuse or neglect of animals: Under Maryland Code, Criminal Law Article, §10-615, which provides that an officer of a humane society may take possession of an animal from its owner “if necessary to protect the animal from cruelty” or “if necessary for the health of the animal,” even though the ... [read post]
9 Aug 2017, 12:00 pm
Court of Appeals Evidence, Expert witness testimony: The circuit court erred in admitting expert testimony where expert witness in a lead paint case did not have a sufficient factual basis to testify that lead exposure can cause Attention Deficit Hyperactivity Disorder (“ADHD”) generally or that it caused the plaintiff’s ADHD specifically because, although the expert ... [read post]
23 Nov 2016, 12:00 pm
Court of Appeals Criminal Procedure, Post-conviction DNA testing: A person who entered an Alford plea, considered a plea of guilty, could not avail himself of post-conviction DNA testing pursuant to §8-201 of the Criminal Procedure Article for the same offense. [read post]
31 May 2017, 12:00 pm
Court of Appeals Civil Procedure, Maryland Public Information Act: In determining whether commercial information voluntarily provided to the government fell within the Maryland Public Information Act confidential commercial information exemption, the trial court used the appropriate test – whether the information is customarily released to the public by the person volunteering it – but failed to ... [read post]
16 Jun 2012, 9:13 pm
The British Columbia Court of Appeal, in Temoin v. [read post]
