Latest 2 Cases: Kazadi v. State (Criminal Law), Motor Vehicle Administration v. Barrett (Government & Administrative Law)

The Law Will Not Save Us

JOSEPH MARGULIES

Cornell law professor Joseph Margulies reminds us that the rule of law exists in the United States primarily to conceal politics; that is, one cannot rely on having “the law” on one’s side if politics are opposed. Margulies illustrates this point by replacing “the lawyers reviewed the law and decided” with “the high priests studied the entrails and decided”—a substitution that ultimately yields the same results.

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Kazadi v. State

Docket: 11/19

Opinion Date: January 24, 2020

Judge: Shirley M. Watts

Areas of Law: Criminal Law

The Court of Appeals reversed the judgment of the court of special appeals affirming Defendant's conviction of first-degree murder and other offenses, holding that this Court's holding as to voir dire questions in Twining v. State, 198 A.2d 291 (Md. 1964), is based on outdated reasoning and has been superseded by significant changes in the law and is hereby overruled. In this case, Defendant requested, unsuccessfully, that the circuit court ask during voir dire whether any prospective jurors were unwilling or unable to follow jury instructions on the presumption of innocence, the burden of proof, and the defendant's right to testify. The Court of Appeals held (1) to the extent the Court of Appeals held in Twining that it is inappropriate to ask on voir dire questions concerning the presumption of innocence, the burden of proof, and a defendant's right to remain silent, the holding in Twining is overruled; (2) on request, during voir dire, a trial court may ask the questions at issue; and (3) absent additional circumstances, the status of a State's witness as an undocumented immigrant, or the existence of a deportation order applicable to the witness, do not show the character of the witness for untruthfulness or demonstrate a motive to testify falsely.

Motor Vehicle Administration v. Barrett

Docket: 22/19

Opinion Date: January 24, 2020

Judge: Barbera J.

Areas of Law: Government & Administrative Law

In this case involving application of Maryland's "implied consent" statute, Md. Code Ann., Trans. (TR) 16-205.1(b), the Court of Appeals held that Defendant was fully advised of his rights under TR 16-205.1(b)(1) despite two police officers speaking to him simultaneously, because he was not prevented from understanding his rights and the sanctions for refusing to submit to a blood alcohol concentration test, as outlined by the Motor Vehicle Administration's DR-15 "Advice of Rights" form. Defendant's driver's license was suspended because he refused to take a blood alcohol concentration test after being detained for suspicion of driving while under the influence of alcohol. An ALJ upheld the order of suspicion, finding that Defendant had been advised in conformity with the DR-15. The circuit court reversed, holding that Defendnat was not fully advised of his rights because he was distracted while trying to understand his rights. The Court of Appeals reversed, holding that the circuit court improperly substituted its judgment for that of the ALJ in determining that Defendant incur no sanctions for his violation of the implied consent statute.