Appellate Decisions

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.

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Moser v. Heffington, A.3d (2019).

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.

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Prince George’s County v. Morales, 230 Md.App. 699 (2016).

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.

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Melgar v. Green, 593 F.3d 348 (2010).

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.

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Miller v. Prince George’s County, Maryland, 475 F.3d 621 (2007).

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.

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Head v. State of Maryland, 171 Md.App. 642 (2006).

Criminal case alleging first degree murder. Court held that dying declaration of victim was admissible.

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State of Maryland v. Ofori, 170 Md.App. 211 (2006).

Criminal case alleging narcotics and handgun violations. Court held that detention and search of defendant’s vehicle was not unlawful.

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Smith v. State of Maryland, 161 Md.App. 461 (2005).

Criminal case alleging narcotics and handgun violations. Court held that the detention and search of the defendant was not unlawful.

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Jones v. Prince George’s County, Maryland, 378 Md. 98 (2003).

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.

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