Today, The Maryland Appellate Court decided Love v. State, a case that presents interesting issues of how courts deal with lesser included offenses.

Focus of the Appeal

The primary focus of this appeal is the legal concept of a lesser included offense. Everyone who has watched television or read about criminal trials in a newspaper understands the basic idea.  But what does it really mean, and how does the law deal with this concept.  In this case, the court pinpoints the two critical issues from the start:  1) “What exactly is a lesser included offense?” and 2) “Can a lesser included offense exist in a trial even if it has not been explicitly and independently charged?” A functional question also arises: “How should a trial judge handle a lesser included offense that has not been explicitly and independently charged when submitting issues to the jury for their determination?”

The Maryland Appellate Court decided in the Matter of Mark McCloy, a handgun permit case.

In 1999, Mark McCloy pleaded guilty to witness tampering in the United States District Court for the District of Columbia. He was sentenced to six months of home detention and five years of probation.

In 2015, McCloy applied for a Maryland Handgun Qualification License (HQL). The Maryland State Police (MSP) approved his application. McCloy used this license to purchase several firearms. When he applied for a renewal of his HQL in 2021, police did another background check and discovered his 1999 conviction. The MSP sent McCloy a letter informing him of the permit denial and his right to appeal the decision.

According to a recent Jury Verdict Research analysis, based on plaintiffs’ verdicts nationally over the last ten years, the overall median award for foot injuries is $98,583. Multiple fractures to the same foot increase the median to $144,000. In foot injury cases where both feet are fractured, the median rises to $296,940.

Another Jury Verdict Research study found that 39% of the foot injury cases that go to verdict involved auto, truck, or motorcycle accidents. In fact, a full 11% of these injuries were in motorcycle accident cases. This is incredibly high given the number of driver miles on a motorcycle versus the number logged in cars and trucks. Then again, your risk of dying in a motor vehicle accident is 28 times more likely if you are riding a sports bike than if you are enjoying the comforts of a car or truck. (The lesson, as always: don’t ride a motorcycle.)

foot injury settlements
Overall, according to one study, the average (as opposed to the median) foot injury award was $703,703. Thirteen percent of foot injury awards were in excess of $1 million.

Last month, the Maryland Appellate Court involved an interesting landlord-tenant dispute involving the Maryland Security Deposit Act.

Security Deposit Law in Maryland

Before we get to the case, let’s talk about security deposits in Maryland. Security deposit laws in the state of Maryland play a crucial role in protecting the rights and interests of both landlords and tenants.

The Maryland Supreme Court today affirmed the denial of a Petition for Post-Conviction DNA Testing filed by a person convicted of several criminal offenses, including murder. The petitioner had requested DNA testing of scientific identification evidence related to their conviction, but the court found that the petitioner had not met the two conditions required by the Post-Conviction DNA Testing Statute.

Facts of Satterfield v. State

A man drove to Dundalk to pick up his daughter from her grandparents’ home. As he unlocked the back door to enter the home, he was attacked from behind by a person who grabbed him around the throat. The attacker had a shirt pulled over their face, but the victim described them as having big arms. Two other men wearing Yankees baseball caps and armed joined the attacker in the alley, where they demanded money from the victim, beat him, took $3,000 from him, and asked for more money.

Financial difficulties can be overwhelming. Considering bankruptcy is a challenging decision. This article provides a comprehensive overview of the available bankruptcy options in Maryland, the processes involved, and the implications of each choice. Our goal is to equip you with the knowledge necessary to make an informed decision about your financial future to find a path to get back to where you should be.

Bankruptcy in Maryland

A Jury Verdict Research study looked at jury verdicts. This data is old but still telling.  Oklahoma would at first glance appear to be an awful place for lawyers to try personal injury cases. The median compensation award in Oklahoma trials is $6,824 and plaintiffs receive a recovery in only 43% of personal injury cases that go to a jury. Compared to the national data, these figures are awful.

If you are an Oklahoma personal injury lawyer with a seriously injured client, does this mean you do not have a fair chance of getting a fair and meaningful recovery for your client’s injuries? I don’t think so. A full 10% of verdicts in personal injury cases in Oklahoma were for $500,000 or more. While to some extent this is comparing apples to oranges, only in 1% of motor vehicle accident cases in Maryland does the jury award more than $500,000.

This number of significant jury awards leads me to believe that Oklahoma juries might not award significant damages in soft tissue injury cases or other cases where the harm may be less significant, but they will often give fair compensation to the people that really need it the most: people whose lives have been forever changed because of the negligence of someone else.

If someone has wrongfully and intentionally caused you great emotional harm in Maryland, you may have a claim for the intentional inflection of emotional distress.

Maryland law, however, does not make it easy to bring an intention infliction of emotional distress claim.  To bring this tort, the plaintiff must demonstrate a “truly devastating effect” from the defendant’s behavior.  The emotional response must be so awful that “no reasonable person could be expected to endure it.”

Intentional Infliction of Emotional Distress Generally

Separation and divorce signal the end of a marriage. Maryland law gives these terms very different meaning. These terms mean different things in every state but particularly in Maryland.  If you are considering a divorce, you want to understand the legal differences between the two.  Separation and divorce are two distinct legal processes, each with its own requirements and consequences. This article examines the differences between separation and divorce in Maryland and provide important information for those considering ending their marriage and why this distinction is important to you.

What is Separation in Maryland? (Limited Divorce)

While Maryland does not allow for legal separation, it does offer limited divorces.  So a limited divorce is what people call a separation.  If someone says, “I’m legally separated from my spouse,” they have a limited divorce.  You can also call it a “legal separation.”

How much does a divorce cost in Maryland? This post aims to give you a better idea of the cost of a Maryland divorce lawyer.

First, is asking a lawyer how much a divorce will cost similar to asking a barber how often you should get a haircut?  Absolutely.  But the key difference here is we don’t cut your kind of hair.  We are not divorce lawyers and will not represent you in your Maryland divorce.