Justia Maryland Supreme Court Opinion Summaries

The State charged Petitioner with several crimes, including violating Maryland’s trademark counterfeiting statute, Md. Code Ann. Crim. Law (CR) 8-611. Petitioner field a motion to dismiss the charges for violating CR 8-611 on the ground that the statute is constitutional. Specifically, Petitioner contended that CR 8-611 is facially overbroad because it criminalizes conduct that the First Amendment protects and is facially void for vagueness because it does not clearly define “intellectual property.” The circuit court denied the motion to dismiss, and a jury convicted Petitioner of violating CR 8-611. The Court of Special Appeals affirmed. The Court of Appeals affirmed, holding that CR 8-611 is not facially overbroad or void for vagueness. View "McCree v. State" on Justia Law

Joseph Payne and Jason Bond were convicted in a joint trial of first degree murder and kidnapping. The Supreme Court vacated the judgment of the circuit court and remanded the case for a new trial, holding (1) the trial court erred in admitting the testimony of a police officer, without the officer having been qualified as an expert witness under Maryland Rule 5-702, regarding his process for determining the communication path of Defendants’ cell phones and his conclusion that two particular cell towers were the most pertinent to the case; and (2) wiretap statements made by Bond but not Payne could not be admitted against Payne as statements by a party opponent. View "State v. Payne" on Justia Law