Latest 2 Cases: Peterson v. State (Criminal Law), Rogers v. State (Criminal Law)

How the Coronavirus Crisis Reveals Weaknesses Not Just in America’s Public Health Systems But in Our Constitutional Doctrines

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar explains how the current crisis caused by the novel coronavirus reveals flaws in both America’s public health system and also in the country’s constitutional doctrines. Responding in part to Professor Michael C. Dorf’s column of March 15 urging uniform federal restrictions, Amar expresses doubt as to whether Congress’s powers under Article I of the Constitution permit imposition of such a lockdown in the first place.

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Peterson v. State

Docket: 14/19

Opinion Date: March 31, 2020

Judge: Hotten

Areas of Law: Criminal Law

The Court of Appeals affirmed the judgment of the Court of Special Appeals affirming the ruling of the circuit court denying both Appellant's request for post-conviction relief under the Post-Conviction Procedure Act (UPPA) and his petition for writ of error coram nobis, holding that Appellant was not entitled to the relief he sought. The circuit court found Appellant guilty to two counts of second-degree assault and determined that he was "not criminally responsible" (NCR). Appellant later filed a pro se petition for post-conviction relief under the UPPA, arguing that his NCR plea was the functional equivalent of a guilty plea and was invalid because he did not understand the nature of the charges. He also filed a petition for writ of error corm nobis seeking to vacate the NCR judgment. The circuit court denied relief as to both petitions. The Court of Special Appeals affirmed. The Court of Appeals affirmed, holding (1) Appellant was not eligible for relief under the plain language of the UPPA; and (2) Appellant was not entitled to coram nobis relief because he did not suffer significant collateral consequences.

Rogers v. State

Docket: 32/19

Opinion Date: March 31, 2020

Judge: Shirley M. Watts

Areas of Law: Criminal Law

The Court of Appeals reversed the judgment of the Court of Special Appeals reversing the order of the circuit court declaring that Defendant, who pled guilty to sex trafficking, was not required to register as a Tier II Sex Offender on the ground that the victim's age had not been proven, holding that the circuit court properly granted declaratory judgment in favor of Defendant. At issue was whether a person like Defendant, who was convicted of human trafficking under Md. Code Ann. Crim. Law (CR) 11-303(a), was required to register as a Tier II Sex Offender where the victim's age was not established during the guilty plea proceeding. The Court of Special Appeals reversed and remanded the case for a determination of the victim's age. The Court of Appeals reversed, holding (1) CR 11-303(a) is an offense whose elements do not require proof of the victim's age; (2) where no proof of the victim's age was established at the plea proceeding, Defendant was not required to register as a Tier II Sex Offender; and (3) the Department of Public Safety and Correctional Services lacks the authority to make a factual determination as to the victim's age for purposes of determining whether registration as a Tier II Sex Offender is required.