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Two types of testimony can be made at trial: lay person testimony and expert testimony. In order to be admitted as evidence at trial, certain requirements must be met based on the type of testimony. In Ragland v. State, the issue of testimony type was argued as a reason for appeal of the appellant’s conviction.…
DetailsA pretextual stop is one wherein a police officer has motive other than an observed traffic violation (ex. to search for drugs) to stop a driver. Although the Fourth Amendment protects against illegal search and seizure, it was unanimously decided in Whren v. United States, a case before the U.S. Supreme Court, that any traffic…
DetailsIn Maryland, Marital Privilege (also known as Spousal Privilege) may be invoked when an individual is called to testify against his or her spouse at trial. Without additional evidence, the State’s case may rely on the spouse’s testimony. This may lead to a dismissal of the case when Marital Privilege is asserted. There are two…
DetailsThe horizontal gaze nystagmus (HGN) test is a field sobriety test given by an officer who suspects a driver’s ability to drive is impaired by alcohol. When performing the HGN test, the driver must hold his or her head steady while following a stimulus with his or her eyes. The officer watches for a wobble…
DetailsAccidentally violating the terms of a protective order can be easy since the terms are often extremely broad. Violating the terms of a protective order can result in contempt of court charges in Maryland when the violation is minor. If a defendant knowingly violates the protective order, it can be considered contempt of court in…
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