Contending with the race problem

Race continues to be an issue that the Courts must contend with. There is some research that suggests that persons of one race may have more difficulty in identifying persons of a race other than thei…

Prosecution lie could affect case

A criminal defendant in Maryland who has been convicted of certain crimes may attempt to obtain a new trial by arguing that evidence discovered since his trial “creates a substantial or significant po…

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…

And now we are goading a mistrial

Ordinarily, the constitutional protection of double jeopardy bars a retrial of a criminal defendant for the same offense where a jury had been impaneled and a mistrial ending the trial proceedings occ…

Opening statement equals mistrial

In criminal cases, the 5th Amendment protects a defendant from having to testify, and the criminal defendant has no obligation to present any evidence at trial.  However, where the defense lawyer…

Limits on the social hosts liabilities

As previously discussed in this space, Maryland’s highest Court in a recent opinion called Kiriakos v. Phillips recognized that adults who violate a criminal statute that prohibits knowingly allowing …

De facto parents rights in Maryland

Given the advent of same sex marriage, courts in Maryland are addressing issues of divorce, child custody and visitation issues arising from dissolution of those relationships as well as traditional m…

Probation for the sex offender parent

Those individuals convicted of sexual offenses understandably face not only punishment which may include prison, but limitations on their freedoms if they are granted probation after release from inca…