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.
2019
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.
2016
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.
2015
Kane v. Lewis, 604 F. App’x 229 (4th Cir. 2015)
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.
2011
Noel v. Artson, 641 F.3d 580, 85 Fed. R. Evid. Serv. 605 (4th Cir. 2011)
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.
2010
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.
2007
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.
2006
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.
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.
2005
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.
2003
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.
State of Maryland v. Rucker, 374 Md. 199 (2003).
Criminal case alleging narcotics violations. Court held that questioning of defendant by police officers did not violate his Miranda rights.
2002
Torres v. State of Maryland, 147 Md.App. 83 (2002).
Criminal case alleging narcotics violations. Court held that the arrest of the defendant was unlawful.
Robles v. Prince George’s County, Maryland, 302 F.3d 262 (2002).
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.
2000
Blankenship v. State of Maryland, 135 Md.App. 615 (2000).
Criminal case alleging robbery. Court held that the defendant was not sentenced illegally.
Hricko v. State of Maryland, 134 Md.App. 218 (2000).
Criminal case alleging first degree murder. Court held that evidence was sufficient to sustain convictions.
1998
Vathekan v. Prince George’s County, 154 F.3d 173 (1998).
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.
Criminal Investigation No. 51,843, 119 Md.App. 112 (1998).
Civil case in which plaintiff sought disclosure of grand jury material. Court held that plaintiff’s had sufficiently demonstrated need for material.
1997
Hardy v. State of Maryland, 121 Md.App. 345 (1997).
Criminal case alleging narcotics violations. Court held that arrest and search of the defendant was unlawful.
Tilghman v. State of Maryland, 117 Md.App. 542 (1997).
Criminal case alleging robbery. Court held that the defendant was not deprived of his right to testify.
1993
State v. Montgomery, 334 Md. 20 (1993).
Criminal case alleging narcotics violations. Court held that State was entitled to continuance to comply with notice requirements prior to sentencing.
Kopf v. Skyrm, 993 F.2d 374 (1993).
Police misconduct case alleging use of excessive force. Court held that the plaintiff was entitled to a new trial.
1991
Kopf v. Wing, 942 F.2d 265 (1991).
Police misconduct case alleging the use of excessive force. Court held that there was sufficient evidence of excessive force to warrant a trial
1989
In re: Diane M, 317 Md. 652 (1989).
Juvenile filed petition to expunge arrest records. Court held that police records were subject to expungement.
Chew v. State, 317 Md. 233 (1989).
Death penalty defendant wins a new trial based on the prosecutor’s racially discriminatory exercise of peremptory challenges in jury selection.
1987
Chew v. State of Maryland, 317 Md. 233 (1987).
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.
1980
Moy v. Bell, 46 Md.App. 364 (1980).
Civil case alleging a nuisance. Court held that case was barred by the statute of limitations.
St. Paul Fire and Marine Ins. Co. v. Molloy, 46 Md.App. 570 (1980).
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.