Who decides if there will be an autopsy?
August 27, 2008
Q. Who decides if there will be an autopsy? A. This depends on who the person was and the circumstances surrounding the death. In Maryland, an individual dying as a result of a homicide, poisoning, suicide, criminal abortion, rape, therapeutic misadventure or drowning, or who died in a suspicious or unusual manner, or who died while apparently healthy, or who is dead on arrival at the hospital will be examined by the medical examiner in the Office of the Chief Medical Examiner in Baltimore. More Read More →
Can the family or anyone else request or prevent an autopsy?
August 27, 2008
Q. Can the family or anyone else request or prevent an autopsy? A. Before an autopsy can be performed in the instance of a death during a hospital stay, the next of kin must grant permission. However, when state law requires a medical examiner to perform an autopsy, family permission is not required. More Read More →
Who pays for autopsies?
August 27, 2008
Q. Who pays for autopsies? A. If the autopsy is performed by the Office of the Chief Medical Examiner, there is no charge to the family. Families may be charged $30 for a copy of the autopsy report. If, however, the autopsy is requested by the family and is performed by a private physician at another facility, the family will likely have to pay for the autopsy. Source: Andrew G. Slutkin and Jamison G. White specialize in medical malpractice and catastrophic injury law with Silverman, Thompson,... More
Does the autopsy report become public record? Where are they kept?
August 27, 2008
Q. Does the autopsy report become public record? Where are they kept? A. The official medical examiner’s autopsy report is a public record and is generally subject to disclosure under the state code unless the case is subject to an ongoing investigation, or another appropriate reason for denial of disclosure exists. The individual files of the Chief Medical Examiner, however, are not public records but rather are private medical records protected from disclosure. The autopsy report is maintained... More
What would you change about the jury selection process?
July 30, 2008
Nothing. On the one hand, our jury system is terrible; on the other hand, our jury system is wonderful. The jury system is terrible because it delegates the most important decisions in the justice system to the people least knowledgeable of the justice system and the law. The jury system is wonderful because it demonstrates that, under our Constitution, so much power is delegated to the average citizen. Jury service is a duty and a privilege. Source: Professor Byron L. Warnken, University of Baltimore... More
What would lead you to strike a potential juror?
July 30, 2008
Most attorneys strike potential jurors who appear to resent that they have to be there. If you sense that someone is eager to be a juror, how might that affect your decision? It is not easy to tell whether a prospective juror is eager to serve. Even if an attorney can tell, that is not necessarily a good thing or a bad thing. What’s the oddest excuse you’ve heard from someone trying to avoid being selected? “I get claustrophobia in jury rooms.” Source: Professor Byron L. Warnken, University... More
Who are the ideal jurors? How are jurors selected?
July 30, 2008
Naturally, each attorney wants to select jurors who that attorney believes will be favorable to his or her client’s case. The judicial system, on the other hand, hopes to get jurors (1) who will bring no agenda with them and evaluate the case solely on the evidence presented; (2) who will follow the judge’s instructions carefully, and (3) who will deliberate with an open mind, listening to fellow jurors. More Read More →
When do you want a jury trial in Maryland?
July 30, 2008
In Maryland, there are 12 jurors in criminal cases in the state court system. The defendant (but not the prosecution) has an absolute right to a jury trial in (1) all cases in the Circuit Court if the charge carries potential incarceration, and (2) any case in the District Court in which any charge carries potential incarceration of more than 90 days (the case is then transferred to the Circuit Court). In Maryland, there are six jurors in civil cases in the state court system. Both sides are entitled... More
What is marital property?
June 30, 2008
Marital property is defined as all property acquired by either or both parties during their marriage. It does not include property acquired prior to the marriage, property acquired by inheritance or gift from a third party or property excluded by valid agreement or traceable to any of these sources. Whether or not alimony is awarded, a court may still make a monetary award based on the value of all marital property. In determining the award and amount, the court is required to consider many factors.... More
What are alimony and child support?
June 30, 2008
Alimony is payment for support of a spouse. Under the law of Maryland, either party may claim alimony from the other. The fact that the party seeking alimony may be guilty of some ground for divorce does not prevent an award of alimony to that party. Each party has a responsibility for the support of a minor child or children. A formula called the child support guidelines is used by the court to determine the amount of child support. Child support awards are primarily based on the gross incomes... More
