Justia Maryland Supreme Court Opinion Summaries
Articles Posted in White Collar Crime
Smith v. State
The Court of Appeals affirmed the judgment of the court of special appeals affirming the judgment of the circuit court denying Petitioner's petition for a writ of error coram nobis, holding that the circuit court did not abuse its discretion in denying Petitioner's coram nobis petition.Petitioner had twenty-year old convictions for forgery and fraud/identity theft, which rendered her ineligible to receive the license required to work as a mortgage loan originator under Maryland law. After three appeals, the intermediate appellate court affirmed. The Court of Appeals affirmed, holding that, considering the legislative purpose of the Maryland mortgage loan originator license statute and the circumstances of this case, the circuit court did not abuse its discretion in denying Petitioner's petition for a writ of coram nobis. View "Smith v. State" on Justia Law
Posted in:
Criminal Law, White Collar Crime
State v. Holton
Helen Holton, a member of the Baltimore City Council, was charged with bribery, malfeasance in office, nonfeasance in office, and perjury. The circuit court granted Holton's motion to dismiss those charges on the ground of legislative privilege. The court of special appeals affirmed the ruling. At issue was whether Md. Code Ann., Cts. & Jud. Proc. 5-501, which protects local legislators from civil or criminal actions based on words spoken at a board or committee meeting, provided Holton with immunity. The Court of Appeals granted the State's petition for writ of certiorari. The Court affirmed the judgment of the court of special appeals, holding that the lower court did not err in holding that section 5-501 provides legislative immunity to local officials in state criminal prosecutions other than prosecutions for defamation. View "State v. Holton" on Justia Law