Porter v. State

KARLA LOUISE PORTER v. STATE OF MARYLAND
Court of Special Appeals, Kehoe, Oct. 25, 2016,
Imperfect Self Defense – An imperfect self-defense instruction is not appropriate in a murder-for-hire case where there was no evidence suggesting belief of imminent or immediate danger of death or serious bodily injury at the time of the murder.
Reversed by CoA with regard to the jury instruction. The Miranda issue was not considered by the CoA.

Dissent – Friedman – A defendant’s statement that they were acting in self-defense is sufficient alone to generate a self-defense instruction, so one should have been given.
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US v. Ezekiel Gardner

UNITED STATES OF AMERICA v. EZEKIEL DONJA GARDNER
US Court of Appeals for the Fourth Circuit, Keenan, May 18, 2016
Miranda – Unhandcuffed suspect removed from vehicle was not under “de facto arrest” requiring Miranda when officers told him that they had received information that he had a firearm and asked him whether he had “anything illegal.”

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Grueninger v. VDOC

ERIC ADAM GRUENINGER v. DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS
United States Court of Appeals for the Fourth Circuit, Harris, Filed Feb. 9, 2016,
Ineffective Assistance of Counsel – Raising objection improperly was not a “tactical” decision; failure to object properly to confession in violation of Miranda was constitutionally deficient

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Williams v. State

DEANDRE RICARDO WILLIAMS v. STATE OF MARYLAND
Court of Appeals, Battaglia, Filed Dec. 18, 2015,
Miranda – “I don’t want to say nothing. I don’t know.” held to be ambiguous and insufficient to invoke right to remain silent.

(Dissent: McDonald, Barbera, Adkins – “I don’t know” was a separate statement; didn’t modify “I don’t want to say nothing.” Therefore not ambiguous.)
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