Do not try switching drivers

At this time of year, law enforcement is rightly concerned with enforcing laws against drinking and driving. Maryland law includes a requirement that a person arrested for driving or attempting to dri…

Jurors with disabilities

Jury service has been described by the Maryland courts as a responsibility and a right. Under the Americans With Disabilities Act (ADA), and Maryland statutes, potential jurors who may have disabiliti…

Corroboration of the accomplice

Maryland law has long held that a person could not be convicted of a crime based solely upon the testimony of an alleged accomplice to the crime, without some other corroborating evidence. In August, …

The Gang Member Witness

Criminal gangs such as “MS-13” are unfortunately frequently in the news, either because of illegal activity or political disputes about the prevalence of gang violence. Maryland’s highest Court last w…

Opening the Door

It is not unusual during a trial for an attorney to attempt to get into evidence unrelated to the issues at hand, claiming that opposing counsel had “opened the door” to allow inquiry to an otherwise …

New Trial for “Serial” Defendant

The NPR podcast “Serial” has received a great deal of publicity, as it explored the criminal case brought by the State of Maryland against Adnan Syed. Maryland’s highest court last week, in a divided …

Handcuffed but not arrested

One area of criminal law that has been the subject of many appellate opinions is the notion of “stop and frisk,” as originally adopted in the Supreme Court’s opinion in 1968 in Terry v. Ohio. Although…