MARYLAND CRIMINAL PRACTICE UNIVERSITY OF BALTIMORE SCHOOL OF LAW FALL 2016

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1 MARYLAND CRIMINAL PRACTICE UNIVERSITY OF BALTIMORE SCHOOL OF LAW FALL 2016 COURSE INSTRUCTOR AND CONTACT INFORMATION DAYS/TIME CLASS LOCATION COURSE DESCRIPTION COURSE MATERIALS COURSE WEBSITE STUDENT LEARNING OUTCOMES Maryland Criminal Practice LAW 772 Section 550 Ephraim R. Siff, Esq. Cell: Office hours by appointment Tuesday and Thursday, 7:45PM - 9:00PM Room assignments are available through MyUB. Room assignments are subject to change until the first day of classes. This class is designed for students who intend to practice in the trial courts of Maryland and useful for students who desire a practical overview of how criminal cases proceed through the trial courts. The course will expose the students to the procedures utilized in both the District and Circuit Courts when dealing with criminal cases. The course will prepare the students for the issues they will confront in a very practical way when representing a client charged with a crime whether petty or serious before the Maryland Trial Courts. Prerequisite : Criminal Law There are no required texts. However, students are expected to consult various sections of the Maryland Rules, various sections of the Maryland Code and cases in the Md. Appellate Reports. All are available on Westlaw and Lexis. Additional materials will be posted on the TWEN page. This course has a TWEN page that links to this syllabus, announcements, quizzes, the class assignments, and other class materials. You are responsible for selfenrolling in the TWEN page and for checking it regularly for course information. At the conclusion of this course the student is expected to: - Be familiar with Maryland courts and their criminal jurisdiction. - Be familiar with the mechanics of a criminal case in Maryland at each stage from arrest through post-conviction proceedings. - Be able to identify the laws, rules and procedures that are applicable to each stage in the criminal justice system. - Be able to apply the above concepts to a particular fact pattern.

2 GRADES Final Exam (65%) Quizzes (33%) Class Participation/Attendance (2%) COURSE EXPECTATIONS ATTENDANCE American Bar Association Standards for Law Schools establish guidelines for the amount of work students should expect to complete for each credit earned. According to these standards, students should expect approximately one hour of classroom instruction and two hours of out-of-class work for each credit earned in a class, or an equivalent amount of work for other academic activities, such as simulations, externships, clinical supervision, co-curricular activities, and other academic work leading to the award of credit hours. Students are expected to complete all reading assignments before class and to participate in class discussion to demonstrate that you have read and reflected on the issues raised in the assignment. Class attendance is a primary obligation of each student whose right to continued enrollment in the course and to take the examination is conditioned upon a record of attendance satisfactory to the professor. A student who exceeds the maximum allowed absences (generally 20% of class sessions) as illustrated below may be compelled to withdraw from the course, or may be barred from sitting for the final exam. Students who are forced to withdraw for exceeding the allowed absences may receive a grade of FA (failure due to excessive absence). This policy is consistent with American Bar Association Standards for Law Schools. Regular Semester Hours Credit Hours Meetings Per Week absences 5 absences 3 2 absences 5 absences absences COMPUTERS CLASS CANCELLATION ACADEMIC INTEGRITY Students must have access to a computer to take the in-class quizzes. Students who do not bring a laptop to class will be required to use the computers in the library. Students may use computers for all other class related purposes. If the instructor must cancel a class, notices will be sent to students via and posted on the classroom door. If there is inclement weather, students should visit the University of Baltimore web site or call the University's Snow Closing Line at (410) If the University is open, students should presume that classes are running on the normal schedule. Students are obligated to refrain from acts that they know or, under the circumstances, have reason to know will impair the academic integrity of the University and/or School of Law. Violations of academic integrity include, but are not limited to: cheating, plagiarism, misuse of materials, inappropriate communication about exams, use of unauthorized materials and technology,

3 misrepresentation of any academic matter, including attendance, and impeding the Honor Code process. The School of Law Honor Code and information about the process is available at: TITLE IX SEXUAL MISCONDUCT AND NONDISCRIMINATION POLICY DISABILITY POLICY The University of Baltimore s Sexual Misconduct and Nondiscrimination policy is compliant with Federal laws prohibiting discrimination. Title IX requires that faculty, student employees and staff members report to the university any known, learned or rumored incidents of sex discrimination, including sexual harassment, sexual misconduct, stalking on the basis of sex, dating/intimate partner violence or sexual exploitation and/or related experiences or incidents. Policies and procedures related to Title IX and UB s nondiscrimination policies can be found at: If you are a student with a documented disability who requires an academic accommodation, please contact Leslie Metzger, Director of Student Services, at or lmetzger@ubalt.edu Date Topic Assignment 8/23/16 Arrest & Initial Appearance Crim. Proc. Art , , Pub. Safety Art Trans. Art DeWolfe v. Richmond, 434 Md. 444 (2013). Crim. Pro. Art /25/16 Bail and Pretrial Release Rules 4-213, 4-216, Prof'l Bail Bonds, Inc. v. State, 185 Md. App. 226 (2009). 8/30/16 Preliminary Hearing Rule Crim. Pro. Art /1/16 Grand Jury Bartram v. State, 280 Md. 616 (1977). 9/6/16 Grand Jury 9/8/16 Charging Documents Rule Crim. Pro. Art State v. Beers, 21 Md. App. 39 (1974). 9/13/16 Discovery Rule Brady v. Maryland, 373 U.S. 83 (1963). 9/15/16 Discovery Thomas v. State, 397 Md. 557 (2007) Rule 4-241

4 9/20/16 Double Jeopardy Former 9/22/16 Double Jeopardy Mistrial Simultaneous Jeopardy 9/27/16 Double Jeopardy Collateral Estoppel Dual Sovereigns 9/29/16 Pleas in Md. Courts Not Guilty Not Guilty Statement of Facts Farrell v. State, 364 Md. 499 (2001). West v. State, 52 Md. App. 624 (1982). Blockburger v. United States, 284 U.S. 299 (1932). Ashe v. Swenson, 397 U.S. 436 (1970). Bowling v. State, 298 Md. 396 (1984). Evans v. State, 301 Md. 45 (1984). Rule Ingersoll v. State, 65 Md. App. 753 (1986). Polk v. State, 183 Md. App. 299 (2008). 10/4/16 NO CLASS 10/6/16 Not Criminally Responsible Nolo Contendere 10/11/16 NO CLASS 10/13/16 Guilty Plea Stet & Nol Pros Crim. Pro. Art Briggeman v. Albert, 322 Md. 133 (1991). In re Iris M., 118 Md. App. 636 (1998). State v. Priet, 289 Md. 267 (1981). Rule /18/16 Types of Guilty Pleas Binding Non-Binding Alford Conditional Plea 10/20/16 Plea Bargaining & Guilty Pleas Withdrawal of a Plea N.C. v. Alford, 400 U.S. 25 (1970) Rule 2-242(d) State v. Brockman, 277 Md. 687 (1976). 10/25/16 Public Trial/ Speedy Trial Robinson v. State, 410 Md. 91 (2009). Crim. Pro. Art /27/16 Md. Speedy Trial Right to & Waiver of Counsel Jules v. State, 171 Md. App. 458 (2006). Md. Rule /1/16 Confrontation State v. Lucas, 407 Md. 307 (2009).

5 11/3/16 Confrontation Crawford v. Washington, 541 U.S. 36 (2004) Taylor v. State, 407 Md. 137 (2009). Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009). Smiley v. State, 216 Md. App. 1 (2014). Clark v. State, 188 Md. App. 110 (2009). 11/8/16 Jury Trial Courts and Judicial Proc. Art Kleberg v. State, 318 Md. 411 (1990). Rule /10/16 Jury Trial Md. Code CJP , Rule McNeal v. State, 426 Md. 455 (2012). 11/15/16 Sentencing Sentencing theory Sentencing alternatives Sentencing procedures Outlines (to be distributed in class) 11/17/16 Sentencing Outline 11/22/16 Collateral Proceedings Post Conviction Coram Nobis Habeas Corpus Md. Code Crim. Pro. Title 7, Rule Evans v. State, 396 Md. 256 (2006). Skok v. State, 361 Md. 52 (2000). Rule