State of Maryland v. Douglas Ford Bey II – Case No. 48, September Term, 2016
Issue – Criminal Law – Did CSA err in concluding that Criminal Law § 3-315, which prohibits engaging in a continuing course of conduct with a child, prohibits more than one conviction and sentence per victim, regardless of the duration of the abuse or the type of sexual acts committed?
Bey poses some interesting questions of interpretation that prompted a short concurrence by Judge Friedman in the lower appellate court. (The Court also summarily granted certiorari and remanded to the Court of Special Appeals the case of Antwann Gibson v. State of Maryland – Case No. 48, September Term, 2016.)
The case: Murphy v. Ellison, Sept. Term 2015, No. 0822 (Aug. 23, 2016) (unreported)
The questions: Can a plaintiff in a lead-paint case establish a property as a reasonably probable source of exposure without expert testimony or inspections of the property? Can the age of a house or its components establish that the property probably had lead paint? Can evidence of lead paint on the exterior of a home be evidence of lead paint on the interior?
One day after its first oral arguments of the new term, the Court of Appeals of Maryland on Friday dropped an unexpected bundle of certiorari grants — the second set to be released in as many weeks. In two of the cases, the primary question presented is whether the odor of marijuana gives a police officer probable cause to search a vehicle; as we briefly noted here, depending on how the Court resolves that issue, there could be a lot of remandin’ happening with these later on down the line. Check out all the grants after the jump.
[Blog editor-in-chief Steve Klepper was not involved in the review, editing, or posting of this piece.]