Category Archives: — B.B.’s. Brief Briefs

Passenger Standing and Terry. Arizona v. Johnson.

Brief Brief  Arizona v. Johnson 555 U.S. 323 (2009). Issue:  Passenger standing to challenge traffic stop and Terry search. Quotes: “This case concerns the authority of police officers to “stop and frisk” a passenger in a motor vehicle temporarily seized … Continue reading

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Illegal Deferred Sentence. Montgomery v. State.

Brief Brief: Montgomery v State 405 Md 67 (2007) Issue: Illegal Deferred Sentence Facts:  The defendant was convicted “of violating the conditions of a previously imposed period of probation. The court sentenced Montgomery to ten years imprisonment for the violation, … Continue reading

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Never Having a License as Defense to DWS/DWR. State v. Sullivan

Brief Brief.  State v. Sullivan, 407 Md. 493 (2009) Holding: “The Court of Appeals, Greene, J., held that defendant did not have a “privilege to drive” in Maryland that could be “revoked,” and thus defendant could not be convicted of … Continue reading

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Mistake of Fact Jury Instruction. General v. State

Brief Brief  General v. State, 367 Md. 475 (2002). Issue:  Mistake of Fact is a recognized defense and, when generated, must be presented to the jury. Background:  Defendant was convicted of failure to remain at the scene of an accident … Continue reading

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Elements of Affray and defenses. Dashiell v. State.

Brief Brief Dashiell v. State, 214 Md. App. 684 (2013) Issue: Elements of Affray and defenses. Background: Defendant was convicted of involuntary manslaughter.  On appeal, three issues were raised: 1) whether the trial court erred in instructing the jury that … Continue reading

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Standard for Preventative Detention. Wheeler v. State.

Brief Brief Wheeler v. State, 160 Md.App. 566 (2005) Issue:  Bond hearing preventative detention. QUOTE: “It is often stated that “[t]he setting of bail is within the sound discretion of the trial court.” See e.g., Sykes v. Warden, 201 Md. … Continue reading

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STETs are Plea Agreements. State v. Thompson.

Brief Brief State v. Thompson, 48 Md. App. 219, (1981) Issue:   STET agreements are enforceable plea agreements. QUOTES: “Entering of a stet in exchange [for conditions by Defendant] is a plea bargain to be honored by the State as long as … Continue reading

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DWS Mens Rea. State v. McCallum.

Brief Brief: State v. McCallum 321 Md. 451 1990  Issue: Mens Rea for driving while suspended. QUOTES: “if the State offers the record at any subsequent trial and there is an objection, the court should redact all portions of McCallum’s motor … Continue reading

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Considering Other Pending Cases at Bail. Bigley v. Warden of Maryland Correctional Facility for Women.

Brief Brief:  Bigley v. Warden of Maryland Correctional Facility for Women, 16 Md. App. 1 (1972) Issue: Courts taking into consideration other pending criminal cases while affixing bail in another. Procedural Posture:  Case was a Habeas Petition out of the … Continue reading

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Spreadsheets = Hearsay. Davies v State.

Brief Brief: Davies v State 198 Md App 400 (2010) MD Rule 5-1006 Issue:  If a party seeks to present voluminous data in a more convenient form for trial (in this case, a spreadsheet of stolen property); it must make … Continue reading

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