The Special Court of Appeals has agreed to hear arguments on a major 5th Amendment issue stemming from the Baltimore City trial of the main defendant in the Freddie Gray case. In doing so, Maryland’s second highest court also ordered that the circuit court postpone the trial just hours before…
Articles Posted in Court Rulings
Maryland Court Expands Police DNA Use
DNA collection and preservation by law enforcement has been one of the more hotly contested privacy issues of the last decade. The presence of a defendant’s DNA at a crime scene is often the most compelling state’s evidence at trial, while the lack of DNA at the scene can be…
Maryland Court Rules On DUI Breath Test Rights
Drunk driving has become the most hotly debated and visible crime in the entire country. The amount of media attention and lobbyist money that is directed toward DUI education and prevention simply has no comparison. Sure, the war on drugs is trudging along, and sucking up millions of taxpayer dollars,…
Maryland Bail Review Process Under Scrutiny
The bail review process in Maryland could be headed for some major changes as the current system is slated for review in the Court of Appeals on March 7th. Nearly eight years ago a group of detainees in the Baltimore City jail filed a class action lawsuit challenging the state’s…
Supreme Court Declines To Review Maryland Gun Law
The Blog has posted multiple articles about our state’s gun laws in the past few weeks as Maryland’s controversial gun laws just cannot seem to stay out of the news. This week was no different, with another headline courtesy of the United States Supreme Court. The Court recently announced that…
Supreme Court Reverses Maryland Court of Appeals on DNA Law
More than a year ago the Maryland Court of Appeals threw out Alonzo King’s rape conviction after ruling that police had illegally seized his DNA sample. Mr. King was arrested on an unrelated assault charge in 2009 and his DNA was collected under authority of a state law, which allowed…
DOJ Reaffirms Citizens’s Right To Photograph And Record On Duty Police
About a year ago the Blog posted an article addressing the issue of whether it is legal to video record a police officer engaging in his or her duties. While there is clearly no state or federal law prohibiting this protected First Amendment behavior, the answer is not so simple.…
Federal Court Upholds Controversial Maryland Gun Law
A little over a year ago, Federal District Court Judge Benson Everett Legg ruled that the “good and substantial” provision of the Maryland concealed carry gun law was unconstitutional. This provision required citizens to prove to the state Handgun Permit Unit that they had a good and substantial reason before…
Supreme Court Hears Argument On Maryland DNA Case
A few months back, the blog posted an article on a controversial Maryland law that allows police to sample and store DNA from any individual arrested for a violent crime or for burglary. Despite this law still being up on appeal, for the past few months state law enforcement agencies…
Will DUI Blood Tests Become Mandatory In Maryland?
Compulsory or mandatory blood tests during the course of a DUI investigation have been a hotly debated legal topic over the last decade. The debate over whether cops should legally be able to force a DUI suspect to submit to a blood draw to measure blood alcohol level has been…