A proffer agreement, sometimes referred to as a “queen for a day” letter, is a written agreement between federal prosecutors and individuals under criminal investigation which permits these individuals to give the government information about crimes with some protection against prosecution. Before concluding a cooperation agreement or bestowing immunity upon…
Articles Posted in Criminal Law
New Unreported Evidence Opinion in Criminal Gun Charge Conviction
The Maryland Appellate Court issued an unreported opinion in a gun conviction case. The appeal is really a reach and the court quickly pushed back the appellant’s arguments. Facts of Jackson v. State Mr. Jackson, the appellant, was convicted in the Circuit Court for Baltimore City on multiple counts related…
New Maryland Opinion on Trying Minors as Adults
In Maryland, certain circumstances can lead to a minor being tried as an adult. The Maryland Appellate Court looked yesterday at a Hartford County case involving a minor between 14-18 and the analysis that goes into whether to try a minor as an adult. Criminal proceedings involving minors require tough,…
New Maryland “Lesser Included Offense” Opinion
Today, The Maryland Appellate Court decided Love v. State, a case that presents interesting issues of how courts deal with lesser included offenses. Focus of the Appeal The primary focus of this appeal is the legal concept of a lesser included offense. Everyone who has watched television or read about…
New Maryland Post-Conviction DNA Test Opinion
The Maryland Supreme Court today affirmed the denial of a Petition for Post-Conviction DNA Testing filed by a person convicted of several criminal offenses, including murder. The petitioner had requested DNA testing of scientific identification evidence related to their conviction, but the court found that the petitioner had not met…
New Maryland Appellate Opinion on Criminal Sentencing
In Robson v. State, the court looked at how Maryland judges are restricted in sentencing defendants. The answer? Maryland judges have a lot of latitude when it comes to sentencing. Facts of Robson v. State Two Sheriff’s deputies, Merle and Sanchez, went to serve a peace order on the appellant…
Maryland Medicare Fraud Arrest Announced
Maryland’s Attorney General’s office announced that Jemina Saka, a 32-year-old from Street, Maryland (Harford County), has been indicted on charges of felony Medicaid fraud and felony theft. Saka, who is not a licensed or certified healthcare provider, was employed by a home health agency to provide assistance to a vulnerable…
DNA Testing in Maryland Criminal Cases
The subject of DNA testing has been increasingly prevalent in Maryland courtrooms. In the past few months, a Maryland case (Maryland v. King) was argued in the Supreme Court on whether an arrested person’s DNA could be legally taken. No matter one’s view on its collection, DNA sometimes plays a…
Smith v. State
When a Court of Appeals of Maryland opinion starts off with, “Reminiscent of a scene from a Cheech & Chong movie…”, you know the opinion will be interesting. Particularly when the dissent responds by quoting Mr. Mackey from South Park. You can find the full Smith v. State opinion here.
Sex Offenders Can Remain in Jail After Sentences
The United States Supreme Court ruled today that the government can keep some sex offenders in prison after they serve their sentences, affirming the Adam Walsh Child Protection and Safety Act that authorized the civil commitment of sexually dangerous federal prisoners. The U.S. Supreme Court ruling, issued just minutes ago,…