Recent Developments

January 18, 2017

Pursuant to § 10-402(C)(2)’s exception to the wiretap ban, an individual is not under the supervision of an investigative or law enforcement officer when interceping an oral communication, absent restrictions on equipment use and some subsequent contact.

ublawforum
January 18, 2017

A state agency’s enabling act is constitutional if their decisions are subject to judicial review; Maryland law provides guidelines for state agencies when using their discretion to issue penalties

ublawforum
January 18, 2017

Successive Post-Conviction petitions are not barred by the doctrine of Res Judicata or Maryland Rule 4-704; a petition for DNA testing will be denied if the evidentiary threshold for a wrongful conviction claim is not met.

ublawforum
January 18, 2017

An applicant must satisfy the unwarranted hardship standard to be granted a variance; the variance must have no adverse impact on the environment and conform to the purpose of the critical area program.

ublawforum
January 18, 2017

A foreign limited liability company lacking compliance with state registration requirements may maintain suit after infirmity is cured; the company must also meet the “person aggrieved” requirements of standing.

ublawforum
August 18, 2016

A Court May Reopen a Closed Post Conviction Proceeding to Address a Challenge to an Advisory Only Jury Instruction

ublawforum
August 16, 2016

A Confession is Voluntary Unless the Defendant Unambiguously Invokes His Constitutional Right to Remain Silent or the Confession is Obtained Through Coercion or Inducement.

ublawforum

Recent Developments

Pursuant to § 10-402(C)(2)’s exception to the wiretap ban, an individual is not under the supervision of an investigative or law enforcement officer when interceping an oral communication, absent restrictions on equipment use and some subsequent contact.

A state agency’s enabling act is constitutional if their decisions are subject to judicial review; Maryland law provides guidelines for state agencies when using their discretion to issue penalties

Successive Post-Conviction petitions are not barred by the doctrine of Res Judicata or Maryland Rule 4-704; a petition for DNA testing will be denied if the evidentiary threshold for a wrongful conviction claim is not met.

An applicant must satisfy the unwarranted hardship standard to be granted a variance; the variance must have no adverse impact on the environment and conform to the purpose of the critical area program.

A foreign limited liability company lacking compliance with state registration requirements may maintain suit after infirmity is cured; the company must also meet the “person aggrieved” requirements of standing.

A Court May Reopen a Closed Post Conviction Proceeding to Address a Challenge to an Advisory Only Jury Instruction

A Confession is Voluntary Unless the Defendant Unambiguously Invokes His Constitutional Right to Remain Silent or the Confession is Obtained Through Coercion or Inducement.