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State Courts -
Maryland - April 17 - April 27, 2006
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Simmons v. State, No. 57, September Term, 2005,
COURT OF APPEALS OF MARYLAND, April 17, 2006, Filed
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Overview: Where defense of defendant was that his wife committed abuse that killed child, case law allowing defendant, under some circumstances, to offer into evidence witness's assertion of her Fifth Amendment privilege was inapplicable. Defense counsel made clear to trial court on numerous occasions that he had no intention of calling wife as witness.
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Brown v. State, No. 2106, September Term, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, April 18, 2006, Filed
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Overview: Where defendant, upon arriving at premises as search warrant execution was concluding, was pulled into premises by officer and asked if he possessed weapons or drugs, this did not violate Fourth Amendment. It could not be assumed that defendant's 1:00 a.m. arrival at premises was unconnected with criminal activity or that he posed no threat.
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City of Frederick v. Pickett, No. 74, September Term, 2005,
COURT OF APPEALS OF MARYLAND, April 19, 2006, Filed
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Overview: Although owner's property was not located in slum area or blighted area, City of Frederick was permitted to acquire property under Md. Ann. Code art. 23A, § 2(b)(37), which used language that provided for acquisition of individual blighted properties without any condition that specific property had to be located in slum area or blighted area.
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