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Maryland Court Of Appeals

Tuesday, March 5, 2013

Court Strikes Down Portion of Sex Offender Registry Law

The Maryland Court of Appeals rules that people convicted of sex crimes prior to 2009 do not have to register with the state.

Some people convicted of sex crimes prior to the existence of the state's sex offender registry may no longer have to register with the state Department of Public Safety and Correctional Services, according to a ruling by the Maryland Court of Appeals. The split decision, issued Monday, struck a registry requirement, imposed upon the defendant by legislation passed later, on the basis that it violated a clause in the Maryland Declaration of Rights prohibiting retroactive laws.  [A copy of the ruling is attached to this story.] "Registration was imposed, over twenty years later in 2009, under the sex offender registration statute as a direct consequence of petitioner’s commission and conviction for his sex crime. The application of the …

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Chuck Burton

10:24 am on Thursday, March 14, 2013

If I had the wherewithall, and were a bit younger, I probably would. The trouble is just about every nation today is fascist or socialist to some degree. There is no libertarian country to my knowlege.   more ›

Thursday, January 24, 2013

Legislation Would Ease Pressure on Pit Bull Owners and Landlords

Bills in the House of Delegates and Senate would create a new standard where all dog owners are presumed liable for dog attacks, regardless of the breed of the animal.

Legislation overriding a Maryland Court of Appeals ruling that made landlords liable for pit bull attacks, and put owners at risk of being evicted or having to give up their dogs, will be heard Wednesday by the House Judiciary Committee. Identical House and Senate bills seek to create a new standard where all dog owners in civil action cases, regardless of the dog’s breed, are presumed liable for attacks unless owners can prove they did everything possible to avoid the attack, said Sen. Brian Frosh, sponsor of the Senate bill. It would also reverse the strict liability on landlords. “The interest groups: pet owners, landlords, and animal rights groups are pleased with it,” said Frosh, a Montgomery County Democrat who is also chairman of …

Real Estate Bulls

1:37 am on Thursday, April 18, 2013

This post is very interesting for me and I admired the content which is about pit bulls. I think all the owners of dogs must have insurance. It would be a good decision for an animal lover. Real Estate Bulls   more ›

Tuesday, August 21, 2012

Court Of Appeals Won't Reconsider Pit Bull Decision

Court removes references to pit bull mixes while leaving owners and landlords responsible for injuries caused by pure-bred dogs.

UPDATED (4:27 p.m.)—The Maryland Court of Appeals will not reconsider an April decision in which it ruled that pit bull dogs are"inherently dangerous." Judge Alan Wilner, in a nine-page decision issued Tuesday, denied the motion for reconsideration with one caveat. (The full decision is attached to this story.) "That said, having re-read the briefs, relevant portions of the record extract, and the dissent, I am now convinced that, on the record before us, the application of the Court’s holding of strict liability to cross-bred pit bulls was both gratuitous and erroneous," wrote Wilner. "I would grant the motion for reconsideration, in part, to delete any reference to cross-bred pit bulls, so that the Court’s holding would apply only to pit…

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Frank

2:24 pm on Saturday, December 1, 2012

Previously from Missy: "This is a dog Holocaust, and Tony Solesky is Adolph Hitler." Somehow I doubt she would have written that if she had been talking to Tony Smith.   more ›

Tuesday, May 15, 2012

Marylanders Rally Against Pit Bull Court Opinion

Protestors argued that pit bulls are being unfairly targeted by the Maryland Court of Appeals.

Annapolis resident Stehle Harris is afraid she won't have a home.  As the owner of a bull terrier, Harris said the recent Maryland Court of Appeals opinion that pit bulls and pit bull crossbreeds are dangerous could lead to a slippery slope. The opinion also states that landlords can prohibit the dogs from their properties. "I think pit bulls capacity to do damage is no greater than a chihuahua," she said. "I'm more apprehensive about smaller dogs." Harris was one of a group of Marylanders protesting the court's opinion at Lawyer's Mall in Annapolis on Tuesday afternoon.  Erin Harty, of Baltimore, said Harris' fears aren't unfounded. As a volunteer at Baltimore Animal Rescue and Care Shelter, she said the center is already being …

Jeanne

7:05 pm on Friday, August 3, 2012

This is a fact: Pit Bulls can be nasty if encouraged but raised in a good home and treated well, have food and dry safe place to live, Pit Bulls are a wonderful dog. ALL dogs can attack if given incouragement. I have a Lab and if someone comes after me he knows to protect me. When we go out and there is a stranger that is acting funny my Lab will only walk between me and the stranger, my neighbor…   more ›

Thursday, May 3, 2012

Gansler to Ask Supreme Court to Hear Law Enforcement Case

Law enforcement agencies have called the Maryland Court of Appeals ruling a major setback to public safety.

Attorney General Douglas F. Gansler is asking the Maryland Court of Appeals to issue a stay of its order for Maryland law enforcement agencies to stop collecting DNA from people arrested for certain crimes so he can appeal the ruling to the U.S. Supreme Court, The Gazette reported. In a 5-2 decision, the Maryland Court of Appeals overturned a home invasion rape conviction in the case of Alonzo King v. State of Maryland. The court's decision reversed the 2009 provision officials said helped them solve open investigations, according to Maryland law enforcement officials. Howard County State’s Attorney Dario J. Broccolino, president of the Maryland State’s Attorneys’ Association, said in a statement last week that the ability to collect DNA …

Buck Harmon

10:01 am on Friday, May 4, 2012

DNA is much like the Constitution...in that it does work in all directions until it is abused....potential for abuse is the public danger in this case...   more ›

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