Justia Maryland Supreme Court Opinion Summaries

Articles Posted in December, 2012
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Petitioner, a Mexican immigrant who did not speak or comprehend English, was convicted of first degree murder and related offenses. Before trial, Petitioner sought suppression of a statement he made connecting him to the murder. On appeal, Petitioner argued that the State failed to prove that he was properly advised of, and validly waived, his Miranda rights. The court of special appeals concluded that the record developed at the suppression hearing sufficed to permit the court to rule that the Miranda warnings and Petitioner's waiver complied with constitutional dictates. The Supreme Court affirmed, holding that the suppression court reasonably could find, from the totality of the evidence offered by the State, that the State proved both that proper Miranda warnings were adequately conveyed to Petitioner and that he knowingly and voluntarily waived those rights before he was interrogated and made the statement he sought to suppress. View "Gonzalez v. State" on Justia Law

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Petitioner, an LLC, sought an exception from the Charles County Zoning Regulation to build an office building, gun range, and driving track on a parcel of land in a rural community in the County. The property was subject to zoning restrictions prohibiting such activity except as authorized through a special exception. In deciding Petitioner's application, the Board conducted one trip to the property in question. The Board allowed representatives from the LLC as well as two citizens to attend but prohibited any other members of the public from attending and kept no transcript or other record of that which transpired. The Board then granted Petitioner's application. Various individuals filed a petition for judicial review. The circuit court affirmed. The court of special appeals reversed, holding that the Board improperly conducted the visit to the property in a manner that was closed to the public. The Supreme Court affirmed, holding (1) the site visit constituted a "meeting", which was required to be open to the public; and (2) because the Board violated the open meeting provisions of the Maryland Code, the Charles County Code, and its own Rules of Procedure, the matter should be remanded for a new hearing. View "WSG Holdings, LLC v. Bowie" on Justia Law

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Defendant entered a plea of not criminally responsible to charges of first-degree attempted murder and was found incompetent to stand trial. Defendant was committed to the Perkins Hospital for several years waiting to become competent to stand trial. The charges against him were eventually dismissed pursuant to Md. Code Crim. Proc. 3-107(a), which requires dismissal of charges upon passage of certain time period. The State subsequently re-indicted Defendant, who was again found incompetent and placed at Perkins for another round of incompetency-to-stand-trial (IST) treatment. Defendant challenged his re-indictment, arguing that the State could not continue to confine him by re-indicting him on the same charges that were required to be dismissed. The appellate court reversed. The Supreme Court vacated the appellate court's ruling and remanded, holding (1) section 3-107 expressly provides that a dismissal of charges is without prejudice; but (2) nevertheless, Defendant's IST committment was improper, as (i) the passage of five years without Defendant's becoming competent and the resulting dismissal of his original charges under section 3-107 created the presumption that Defendant could not be restored to competency, and (ii) ordering Defendant in IST commitment, while the presumption that he was unrestorable was in place, was error. View "State v. Ray" on Justia Law