Tuesday, March 5, 2013
The Maryland Court of Appeals rules that people convicted of sex crimes prior to 2009 do not have to register with the state.
Some people convicted of sex crimes prior to the existence of the state's sex offender registry may no longer have to register with the state Department of Public Safety and Correctional Services, according to a ruling by the Maryland Court of Appeals. The split decision, issued Monday, struck a registry requirement, imposed upon the defendant by legislation passed later, on the basis that it violated a clause in the Maryland Declaration of Rights prohibiting retroactive laws. [A copy of the ruling is attached to this story.] "Registration was imposed, over twenty years later in 2009, under the sex offender registration statute as a direct consequence of petitioner’s commission and conviction for his sex crime. The application of the …
Thursday, January 24, 2013
Bills in the House of Delegates and Senate would create a new standard where all dog owners are presumed liable for dog attacks, regardless of the breed of the animal.
Legislation overriding a Maryland Court of Appeals ruling that made landlords liable for pit bull attacks, and put owners at risk of being evicted or having to give up their dogs, will be heard Wednesday by the House Judiciary Committee. Identical House and Senate bills seek to create a new standard where all dog owners in civil action cases, regardless of the dog’s breed, are presumed liable for attacks unless owners can prove they did everything possible to avoid the attack, said Sen. Brian Frosh, sponsor of the Senate bill. It would also reverse the strict liability on landlords. “The interest groups: pet owners, landlords, and animal rights groups are pleased with it,” said Frosh, a Montgomery County Democrat who is also chairman of …
Tuesday, August 21, 2012
Court removes references to pit bull mixes while leaving owners and landlords responsible for injuries caused by pure-bred dogs.
UPDATED (4:27 p.m.)—The Maryland Court of Appeals will not reconsider an April decision in which it ruled that pit bull dogs are"inherently dangerous." Judge Alan Wilner, in a nine-page decision issued Tuesday, denied the motion for reconsideration with one caveat. (The full decision is attached to this story.) "That said, having re-read the briefs, relevant portions of the record extract, and the dissent, I am now convinced that, on the record before us, the application of the Court’s holding of strict liability to cross-bred pit bulls was both gratuitous and erroneous," wrote Wilner. "I would grant the motion for reconsideration, in part, to delete any reference to cross-bred pit bulls, so that the Court’s holding would apply only to pit…
Tuesday, May 15, 2012
Protestors argued that pit bulls are being unfairly targeted by the Maryland Court of Appeals.
Annapolis resident Stehle Harris is afraid she won't have a home. As the owner of a bull terrier, Harris said the recent Maryland Court of Appeals opinion that pit bulls and pit bull crossbreeds are dangerous could lead to a slippery slope. The opinion also states that landlords can prohibit the dogs from their properties. "I think pit bulls capacity to do damage is no greater than a chihuahua," she said. "I'm more apprehensive about smaller dogs." Harris was one of a group of Marylanders protesting the court's opinion at Lawyer's Mall in Annapolis on Tuesday afternoon. Erin Harty, of Baltimore, said Harris' fears aren't unfounded. As a volunteer at Baltimore Animal Rescue and Care Shelter, she said the center is already being …
Monday, April 30, 2012
The Maryland Court of Appeals ruled that pit bulls are dangerous.
A recent ruling in Maryland's highest court puts certain dog owners and landlords on a tighter leash. The Maryland Court of Appeals ruled in a case involving a pit bull attack that it is no longer necessary for those attacked by a pit bull or a pit bull mix to prove that the dog is violent—the owner or landlord "is strictly liable for the damages caused" by nature of the breed. The decision's author, Judge Dale R. Cathell, wrote that in the last 13 years, "there have been no less than seven maulings by pit bulls upon Maryland residents resulting in either serious injuries or death that have reached the appellate court of this state, including the two boys attacked by the pit bull in the present case." The case that prompted the ruling …
Chuck Burton
10:24 am on Thursday, March 14, 2013
If I had the wherewithall, and were a bit younger, I probably would. The trouble is just about every nation today is fascist or socialist to some degree. There is no libertarian country to my knowlege. more ›