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...
Post-Conviction Relief
Judge Tosses Abuse Convictions Of MD. Teacher, Citing Bad Lawyering
The Washington Post By Dan Norse and Nicole Asbury July 23, 2023 A new trial was ordered for John Vigna, 56, who taught at a Montgomery County elementary school for more than 20 years ...“Trial counsel failed to investigate and prepare Vigna’s defense,” Vigna’s new...
Data reveals most innocent defendants never get day in court
The United States Justice system exonerated more than 3,000 inmates since 1989. However, most wrongfully convicted prisoners will never get their day in court, according to data from the National Registry of Exonerations. What does this data reveal about the future of...
What does it mean to voluntarily and knowingly accept a plea?
There are thousands of criminal prosecutions in Maryland, Virginia and Washington, D.C., every single year. This means court dockets can become almost overwhelming. Still, the U.S. Constitution guarantees most criminal defendants speedy trials. Plea deals are one...
What kind of life could wait for exonerees?
DNA has become some of the most powerful evidence to stop murder and other serious, violent crimes in recent years. It has also become a tool with which innocent people have begun to fight the unjust convictions that changed their lives forever. Even a relatively...
Determining eligibility for post-conviction relief in Maryland
A Maryland criminal conviction has the potential to impact and upend many aspects of your life. Depending on the details surrounding your offense, some of the penalties you face in the aftermath of a criminal conviction may wind up impacting you for years to come....
What is post-conviction relief?
In instances where you feel you have been wrongfully convicted of a crime, you can ask for post-conviction relief. These examine all factual and legal claims related to your case and take precedence over other court-related processes. Here is what you need to know...
What are important details to understand about post-conviction relief?
Post-conviction relief in Maryland is an option if you are currently in jail or prison or serving probation or parole. The state distinguishes this from the type of relief you may seek to clear your record if you are not actively serving a sentence. The Officer of the...
Are confessions always admissible?
The American legal system can be confusing. Because police detectives have extensive experience interviewing witnesses, the criminal justice process also can be intimidating. If you are not careful, you may say something prosecutors can use against you at trial....
What to know in regard to appealing a conviction
If you are facing a criminal conviction, and you think that there was an error during your original trial, you have a right to appeal the decision. Because a conviction results in a major change of life circumstances, it may be worth examining the options for appeal....