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Anatomy of a Civil Trial


776-1973 & 1975 Keya Gardner v. State of Maryland and Darryl L. Newsome v. State of Maryland


Juan P. Reyes (410) 767-4284 Criminal Procedure


Te Honorable Paul A. Smith Circuit Court for Baltimore City, Maryland


Mid way through this criminal trial, a note from the jury prompted the Court to interview jury members with counsel present. It was revealed that members of the jury had begun to discuss the merits of the case, that certain members felt intimidated by stares from presumed cohorts of the defendants in the courtroom and that other members of the jury announced that they had already made of their minds and that nothing could be done to chance this. In most instances, juror accused one another of varying degrees of this misconduct, but denied participating in it themselves. Tey also testified in the main that they were able o remain impartial. Te issue on appeal is whether a mistrial should have been granted.


Motor Vehicle Trauma Workers’ Comp Injuries Assaults


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60 Trial Reporter / Spring 2012


777-01279 Mitra Firouz, et al. v. Barry J. Cohen, M.D.


Sylvia J. Rolinski (301) 987-0202 Medical Malpractice


Te Honorable Ronald Rubin Circuit Court for Montgomery County, Maryland


Te trial court struck the required certificate of merit and dismissed this medical malpractice claim because the expert signing the certificate spend more than 20% of his professional time as an expert. On appeal the plaintiff notes the plain language of the statute and prior precedent which all render the “20% rule” applicable only to testimony as opposed to the mere filing of the certificate.


778-2693 Antwoine Leach v. State of Maryland


Claudia A. Cortese (410) 333-8801 Criminal/Constitutional


Te Honorable Yolanda Tanner Circuit Court for Baltimore City


Te police demanded to see the identification of an individual sitting on his own stoop silently observing a traffic stop. Te individual was offended and spoke to the police in colorful language. He also had a swinging motion towards the office – apparently not in a real attempt to hit him, but as a mocking gesture coupled with the words, “I should punch you in the mouth.” During the interaction, people gathered to observe the events. Te issue on appeal is whether this is sufficient to sustain a conviction for disturbing the peace or whether it is constitutionally protected speech.


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