RULE 5-403. EXCLUSION OF RELEVANT EVIDENCE ON GROUNDS OF PREJUDICE, CONFUSION, OR WASTE OF TIME Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading
Continue Readingstates, “sufficiently in advance of sentencing to afford the defendant a reasonable opportunity to investigate, The State’s Attorney shall disclose to the defendant or counsel any information that the State expects to present to the Court for consideration in sentencing.
Continue Readingnothing in the language of 9-804 requires the individual defendant to have engaged in a pattern of criminal gang activity. All that is required is that the defendant have knowledge that “members of the gang” had engaged in the pattern
Continue Readingin order to prove a violation of 9-804, the State was required to show that the MS-13 gang engaged in a pattern of criminal activity. (NO EVIDENCE was presented to the court of underlying crimes that MS-13 either committed, attempted
Continue ReadingAn expert is a witness who has special training or experience in a given field. You should give expert testimony the weight and value you believe it should have. You are not required to accept any expert's opinion. You should
Continue ReadingThe defendant is charged with the crime of participation in a criminal gang [resulting in the death of a victim]. In order to convict the defendant of the crime of participation in a criminal gang [resulting in the death of
Continue ReadingMotive is not an element of the crime charged and need not be shown. However, you may consider the motive or lack of motive as a circumstance in this case. Presence of motive may be evidence of guilt. Absence of
Continue ReadingSection 9-807 – Venue For purposes of venue, any violation of this subtitle is considered to have been committed in any county: (1) in which any act was performed in furtherance of a violation of this subtitle; (2) that is
Continue ReadingSection 9-806 - Construction of Subtitle Nothing in this subtitle may be construed inconsistently with the provisions relating to jurisdiction over juvenile causes contained in Title 3, Subtitle 8A of the Courts Article. Md. Code, CR § 9-806
Continue ReadingSection 9-805 - Criminal Gang (a) A person may not organize, supervise, promote, sponsor, finance, or manage a criminal gang. (b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not
Continue Reading