7 results for 'judge:"Fader"'.
J. Fader finds the lower court abused its discretion when it allowed evidence of defendant’s prior bad acts to be considered in this case of alleged murder and child abuse. Evidence was entered showing defendant pleaded guilty to child abuse resulting in the death of his infant son five years prior. Despite his objection, the lower court allowed the evidence and defendant now argues it should have been excluded. Because the State failed to sufficiently show any other reason for the evidence, other than demonstrating defendant’s propensity to commit the alleged crime, it is a violation of Maryland Rule 5-404(b), and should have been disallowed. The matter is remanded for a new trial. Reversed.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: November 28, 2023, Case #: 2/23, Categories: Evidence, Murder, Child Victims
J. Fader denies the state’s motion to dismiss this appeal made by the 12-year-old accused by juvenile petition of committing motor vehicle theft. The juvenile court was required to grant the juvenile’s motion to dismiss for lack of jurisdiction because a part of the Maryland Juvenile Justice Reform Act removed the juvenile court’s jurisdiction over proceedings against children under 13 years of age. The ruling of the juvenile court is dismissed.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: September 8, 2023, Case #: JA-22-0183, Categories: Juvenile Law, Theft, Jurisdiction
J. Fader denies former attorney Sherwood Wescott’s petition for reinstatement to the Maryland Bar. The attorney has not submitted to bar counsel any of the required client information or client notification documentation. The attorney has also not provided documented proof of having not engaged in the practice of law during his period of suspension.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: September 7, 2023, Case #: AG No. 2, Categories: Evidence, Due Process, Attorney Discipline
J. Fader disagrees with the lower court’s determination that a county schoolteacher should be barred from serving on the county’s council because of his being a government employee. Even though he is employed by the board of education and his being elected to council is a potential conflict of interest, a county charter rule is ambiguous enough that in this case, statutory interpretation supports his candidacy.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: August 30, 2023, Case #: C-12-CV-22-000857, Categories: Education, Employment, Government
J. Fader finds that attorney Marylin Pierre should be reprimanded after an email circulated accusing her of making false statements about sitting judges. Pierre was running for one of the judge’s seats in the circuit court of Montgomery County. A campaign manager for the group of judges sent the email two months prior to the election to Montgomery attorneys, alleging the false statements and that the attorney had engaged in unprofessional conduct in the past. Pierre had claimed that the four sitting judges had been selected on the basis of bias and diversity. She also inflated and fabricated some of her own qualifications. A hearing judge did find evidence of Pierre’s professionalism violations, although her record shows mostly legitimate conduct throughout her career. Because of the unusual circumstances involving the election, Pierre will not be disbarred but reprimanded.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: August 16, 2023, Case #: C-02-CV-21-001655, Categories: Sanctions, Attorney Discipline
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J. Fader disagrees with the lower court’s decision to award summary judgment to Comcast, which challenged a new state tax law on digital advertising gross revenues as unconstitutional. However, because Comcast has not exhausted its administrative remedies under the new law, the lower court lacks jurisdiction over the declaratory judgment and should have dismissed it instead. Remanded.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: July 12, 2023, Case #: C-02-CV-21-000509, Categories: Administrative Law, Tax, Jurisdiction
J. Fader disagrees with the lower court’s allowance of a firearms expert’s testimony in a murder trial because his opinion was unqualified. The opinion was that the crime scene bullets and fragments were fired from a gun owned by a man who was convicted of murdering his roommate. Including the opinion in the trial was an error because it cannot be proven beyond a reasonable doubt that its inclusion in no way influenced the verdict. Reversed and remanded.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: June 20, 2023, Case #: CT121375X, Categories: Evidence, Firearms, Experts