Roberts & Wood handles appeals and post conviction matters in Maryland, Virginia and Washington D.C. Below are published opinions in some of the cases we have handled.
The Court held that a party in a civil case waives the Fifth Amendment privilege against self-incrimination at the trial of the civil case by electing to testify earlier in the same proceeding at a deposition. The fact that the person gets charged criminally does not change the fact that the privilege was waived.
An off-duty police officer working as a bouncer at fraternity Halloween party held to be acting within the scope of his duties as a police officer. Judgment in favor of the plaintiff, who sued the officer for civil rights violations (excessive force) affirmed.
Kane sued under 42 U.S.C. § 1983, alleging that the Officers violated the Fourth Amendment by using excessive force and failing to knock and announce their presence in the execution of a search warrant. Kane sought damages for wrongful death and physical and emotional pain and suffering.
On January 21, 2005, the execution of a search warrant in violation of the Fourth amendment, through a no-knock entry and excessive force ended in the death of Cheryl Noel, after being shot three times by a police officer.
Police misconduct case alleging use of excessive force. Officer failed to muzzle police dog when searching for a missing person. Court held that the police officer was entitled to immunity for his actions. Judge Michael wrote a dissenting opinion.
Police misconduct case alleging false arrest and false imprisonment. Police officer presented false statements in applying for an arrest warrant. Court held that the police officer was not entitled to immunity.
Criminal case alleging narcotics and handgun violations. Court held that detention and search of defendant’s vehicle was not unlawful.
Criminal case alleging first degree murder. Court held that dying declaration of victim was admissible.
Criminal case alleging narcotics and handgun violations. Court held that the detention and search of the defendant was not unlawful.
Police misconduct case alleging excessive force. Court held that the decedent’s father and the mother of his child had standing to bring a wrongful death action.
Criminal case alleging narcotics violations. Court held that questioning of defendant by police officers did not violate his Miranda rights.
Criminal case alleging narcotics violations. Court held that the arrest of the defendant was unlawful.
Police misconduct case alleging a violation of the Fourth Amendment when plaintiff was tied to a pole and abandoned by police. The Court held that the police were entitled to immunity for their actions under federal law, however, the plaintiff was entitled to recover under state law.
Criminal case alleging robbery. Court held that the defendant was not sentenced illegally.
Criminal case alleging first degree murder. Court held that evidence was sufficient to sustain convictions.
Police misconduct case alleging police officer used excessive force when he allowed canine to bite the plaintiff. Court held that the police officer intentionally seized the plaintiff and was not entitled to immunity.
Civil case in which plaintiff sought disclosure of grand jury material. Court held that plaintiff’s had sufficiently demonstrated need for material.
Criminal case alleging narcotics violations. Court held that arrest and search of the defendant was unlawful.
Criminal case alleging robbery. Court held that the defendant was not deprived of his right to testify.
Criminal case alleging narcotics violations. Court held that State was entitled to continuance to comply with notice requirements prior to sentencing.
Police misconduct case alleging use of excessive force. Court held that the plaintiff was entitled to a new trial.
Police misconduct case alleging the use of excessive force. Court held that there was sufficient evidence of excessive force to warrant a trial
Juvenile filed petition to expunge arrest records. Court held that police records were subject to expungement.
Death penalty defendant wins a new trial based on the prosecutor’s racially discriminatory exercise of peremptory challenges in jury selection.
Criminal case alleging first degree murder and rape. Court held that defendant was entitled to new trial because State used race as a factor in striking potential jurors.
Civil case alleging a nuisance. Court held that case was barred by the statute of limitations.
Civil matter in which the Court held that an insurance company had waived the defense of arson, and was required to pay the plaintiff’s claim.