DANIELA BOTTINI, ET AL. v. DEPARTMENT OF FINANCE, MONTGOMERY COUNTY, MARYLAND
Court of Appeals, Watts, Oct. 7, 2016,
Forfeiture – Funds contained in a bank account are “money” for purposes of the forfeiture statute under CP 101(m)(1)(iv)
Dissent – Adkins- The bank account seized was an intangible personal property right, and filing for forfeiture should have occurred within 90 days of seizure
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AVONDALE LOCKHART, PETITIONER v. UNITED STATES
Supreme Court of the United States, Sotomayor, Filed March 1, 2016,
Child Pornography – 18 USC 2252(b)(2) – In the phrase “relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward,” “involving a minor or ward” applies only to “abusive sexual conduct.”
J. THOMAS MANGER, et al. v. FRATERNAL ORDER OF POLICE, MONTGOMERY COUNTY LODGE 35, INC.
Court of Special Appeals, Zarnoch, Feb. 25, 2016,
LEOBR – Requirement that interrogation of officer may be written, taped, or transcribed does not prohibit video taping the interrogation.
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SAM YONGA v. STATE OF MARYLAND
Court of Appeals, Battaglia, Filed Jan. 27, 2016,
Writ of Actual Innocence – a person who has pled guilty is not eligible for a Writ of Actual Innocence.
STATE OF MARYLAND, ET AL. v. VADIM ROSHCHIN, ET AL.
Court of Appeals, McDonald, Filed Jan. 26, 2016,
Arrest – TR 5-1104 – The “right” to receive a citation for a misdemeanor under TR 5-1104 “has no bearing” on whether an officer may legally make an arrest instead of or in conjunction with issuance of a citation.
Reversing the CoSA opinion
(Dissent by Adkins – agrees with the CoSA that the arrest was not valid)
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RICHMOND D. PHILLIPS v. STATE OF MARYLAND
Court of Special Appeals, Friedman, Filed Oct. 27, 2015,
DNA – Where a DNA sample does not comply with statutory requirements to be automatically admissible, it reverts to the standard requirement of a Frye-Reed hearing