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Justia Daily Opinion Summaries

Maryland Court of Appeals
November 25, 2020

Table of Contents

Wise v. State

Criminal Law

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Legal Analysis and Commentary

In (Trial) Courts (Especially) We Trust

VIKRAM DAVID AMAR, JASON MAZZONE

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Illinois law dean Vikram David Amar and professor Jason Mazzone describe the increasing importance of courts and lawyers in safeguarding and reinforcing the role of factual truths in our democracy. Dean Amar and Professor Mazzone point out that lawyers and judges are steeped in factual investigation and factual determination, and they call upon legal educators (like themselves) to continue instilling in students the commitment to analytical reasoning based in factual evidence, and to absolutely reject the notion that factual truth is just in the mind of the beholder.

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The Rhetoric About a “Decline” in Religious Liberty Is Good News for Americans

MARCI A. HAMILTON

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Marci A. Hamilton, a professor at the University of Pennsylvania and one of the country’s leading church-state scholars, explains why the rhetoric about a “decline” in religious liberty actually signals a decline in religious triumphalism, and is a good thing. Professor Hamilton describes how religious actors wield the Religious Freedom Restoration Act (RFRA) not as a shield, but as a sword to destroy the lives of fellow Americans.

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Maryland Court of Appeals Opinions

Wise v. State

Docket: 73/19

Opinion Date: November 24, 2020

Judge: Hotten

Areas of Law: Criminal Law

The Court of Appeals affirmed the judgment of the Court of Special Appeals affirming the judgment of the circuit court convicting Defendant of assault in the first degree, use of a firearm in the commission of a crime of violence, and wearing, carrying or transporting a handgun, holding that the Court of Special Appeals did not err. Specifically, the Court of Appeals held that the Court of Special Appeals (1) correctly affirmed the admission of a statement by a witness with memory loss as a prior inconsistent statement given the witness's contradictory testimony at trial; and (2) did not err in expanding the circumstances rule which hearsay is admissible under Md. Rule 5-802.1(a) to include statements containing a "material" inconsistency with the witness's testimony.

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