It is a common to see in movies or television a dramatic scene where the prosecution suddenly calls to the stand the surprise witness who identifies the defendant as the killer. The Maryland Rules of Criminal Procedure require that prior to trial the prosecution must disclose “all relevant material or information regarding…pretrial identification of the defendant by a State’s witness.” How this rule works in practice was discussed by a divided Maryland Court of Appeals in a case called John W. Green III v. State.

Whether battered spouse syndrome should be a defense in criminal cases has been a controversial issue for many years. Since 1991, a Maryland statute has made such evidence admissible to prove the defendant’s motive or state of mind at the time of the alleged crime. Whether this defense may be available even where the battered spouse hired someone to kill her husband was addressed by a divided Maryland Court of Appeals this week in a case called Karla Louise Porter v. State of Maryland.
Judge Adkins’ opinion for the 4-3 majority indicates a long history of physical and verbal abuse by the defendant’s husband toward her. The defendant testified at trial that eventually she concluded that she knew her husband was going to kill her and she wanted to kill him first. She approached several, eventually hiring someone to kill him at their place of business, with the defendant calling the police to make it sound like a robbery gone bad. She was arrested and charged with first degree murder. At trial, in addition to testifying to the history of abuse, the defendant called two experts who testified that she was suffering from battered woman syndrome including major depression and posttraumatic stress disorder.

The Trump Administration just recently announced that it was making a priority of prosecuting members of gangs that commit criminal acts, and in particular members of the gang known as MS-13. Maryland’s highest Court just last week addressed whether a sentencing Judge can consider evidence of the defendant’s membership in a gang, even where the underlying crime was not gang related. The case is called Oscar Cruz-Quintanilla v. State of Maryland.
Chief Judge Barbera wrote in the opinion that the defendant was indicted for various crimes related to a home robbery. A jury convicted him of reckless endangerment, wearing/carrying/transporting a handgun, and conspiracy to commit robbery.At sentencing, the prosecution offered for the first time evidence that the defendant had been a member of MS-13. The State called a police Sergeant who testified about and showed pictures of various tattoos on the defendant that showed he belonged to that gang.
The officer said the defendant was a documented gang member since at least 2004. He further testified that members of that gang have to demonstrate loyalty and a willingness to commit violent criminal acts, consistent with its motto translated as “kill, rape, control.”

Maryland criminal statutes protect persons with mental disabilities from sexual crimes. The Court of Appeals last week addressed what must be proven in a rape case to establish the mental condition of the victim in order to prove such a crime, in a case called Miguel Fuentes v. State of Maryland.
The Court’s majority opinion indicates that Fuentes was convicted by a jury of second degree rape and another sexual offense, arising from a sexual encounter he had with a 38 year old coworker at a hotel. The victim, who was deaf, testified through a sign language interpreter to the encounter with the defendant. Her mother testified that the victim was disabled and had attended a high school class for students with disabilities, but was able to work in housekeeping. After noticing a change in her daughter’s behavior, she later discovered she was pregnant and gave birth to a child whom DNA evidence showed had by fathered by the defendant.