In Green v. State (No. 0854, September Term 2022), the Appellate Court of Maryland (ACM) decided, as a matter of first impression, whether the defendant’s denial of just one of the elements of the offense amounts to an implied allegation of fabrication necessary for...
DNA evidence can be helpful in solving crimes and freeing the innocent. However, collecting and analyzing DNA evidence can also raise privacy concerns. To protect your privacy, law enforcement agencies need to get your permission before collecting your DNA sample. But...
The criminal justice system has sent innocent people behind bars. One man in particular, John Huffington, received two convictions for two murders he did not commit. The prosecutors of his case relied on expert testimony based on a scientifically unreliable analysis....
When an individual faces a criminal conviction, the legal battle is far from over. The process of appealing a criminal conviction is complex and demanding, requiring careful consideration of several key elements. 1. Grounds for appeal The foundation of any criminal...
We often see a scenario in movies and TV shows where someone's freedom hinges on a witness's words. But it is not just fiction. Real life has shown us that human memory can be shaky, especially under stress. This can lead to mistakes and, in some cases, wrongful...
In Akers v. State (September Term 2022, No. 0925), the Appellate Court of Maryland will decide, among other issues, whether information about abortion, pregnancy ambivalence, and lack of prenatal care is relevant to determining how the death of an infant...
Trace DNA, often referred to as touch DNA, consists of minuscule amounts of genetic material left behind through contact. This can occur when a person briefly touches a surface, handles an object or sheds skin cells. Despite its near-invisibility, advanced forensic...
Having your child was likely life changing, and losing your kids was equally as impactful. And, if your parental rights were terminated in Maryland, you likely want to know whether you can appeal that decision. Generally, the answer is yes, but you must do so within...
Clark v. State (No. 25. September Term 2022, opinion by Honorable Shirley M. Watts), decided on the last day of the term, is unusual and remarkable. This 132-page, 4-3 opinion is really a 4-4-3-3 decision which includes a majority opinion by Justice Watts, joined by...
DNA evidence has transformed the justice system, accurately determining guilt or innocence. It can exonerate the wrongfully convicted, but it is expensive. For those seeking justice after wrongful convictions, the decision to invest in costly DNA evidence can be a...