Where a gun shop lost sales as a result of Maryland’s handgun licensing law, its ability to sell handguns was constrained and the injury could be redressed by a favorable decision, the shop had standing to challenge the statute. It ...
Read More »Constitutional – Gun shop has standing to challenge handgun licensing law
Tort – Pain clinic not defamed by minor errors in CBS broadcasts 
Minor inaccuracies in two CBS Evening News reports about a West Virginia pharmacy and its role in the opioid crisis did not support a claim for defamation because the broadcast likely had the same effect on the viewer as the ...
Read More »Criminal Practice – Voluntary Manslaughter – Continuance Motion – Key Witness Unavailability – Due Diligence – Self-Defense 
A key defense witness was unexpectedly hospitalized at the start of defendant’s trial, and defense counsel subpoenaed the witness when he realized she had not appeared. Defense counsel exercised due diligence, and the trial court’s refusal to postpone the trial ...
Read More »Criminal Practice – PCR – Homicide by Child Abuse – Ineffective Assistance Claim – Forensic Expert 
At petitioner’s trial, defense counsel failed to proffer evidence by any forensic expert; at petitioner’s post-conviction relief hearing, he presented testimony by a forensic expert that the 22-month-old victim’s death was consistent with a “sibling rivalry-type death.” However, defendant has ...
Read More »Criminal Practice – Murder – Surprise Testimony – Immediate Notice – Text Message – Jury’s Inference 
It was not until defendant’s trial that a prosecution witness told the solicitor that defendant had burned his clothes in the witness’ burn barrel on the night of the murder. Since the state immediately notified defendant of this information, the ...
Read More »Domestic Relations – Custody & Visitation – Psychological Parent – Hearsay – Facebook Post 
In a contest to determine whether a deceased mother’s (Mother’s) live-in boyfriend was a psychological parent to her orphaned child (Child), the trial court properly admitted a Facebook post by Mother which described the boyfriend as “such a great father ...
Read More »Insurance – Auto – UIM – Stacking – Rental Car – Temporary Substitute 
Defendant and her husband bought $100,000 in underinsured motorist coverage from the plaintiff-insurer on each of their five vehicles. At the time of defendant’s October 5, 2012, accident, she was driving a rental car instead of her own vehicle only ...
Read More »Criminal Practice – Murder – Batson Challenge – Sexual Orientation – Prosecution Witness – § 17-25-65 
Although defendant argues the state peremptorily excused Juror 397 because of his sexual orientation, defendant failed to provide any evidence of Juror 397’s sexual orientation or that the state was aware of Juror 397’s sexual orientation. Therefore, defendant also failed ...
Read More »Criminal Practice – Prisons & Jails – Service of Sentence – PCR & Declaratory Judgment Action – Habeas Corpus 
The appellant-prisoner’s declaratory judgment claims—(1) that the trial court lost jurisdiction to sentence him for conspiracy to traffic in marijuana when it held that sentence in abeyance after sentencing him for conspiracy to traffic in cocaine and (2) that the ...
Read More »Attorneys – Disqualification – Trial Advocacy – Real Property – Rushed Closing – Ensuing Litigation 
In the wake of a real estate closing that was rushed to preempt a foreclosure, attorney Charles Altman represented the plaintiff-buyer in multiple ensuing matters related to that closing. In this legal malpractice action against the closing attorney, Altman is ...
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