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When a judge reviews another’s issuance of a warrant

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Bill of Rights. (From the public domain.)

Charles E. Moylan, Jr., is a retired judge of Maryland’s intermediate appellate court who tends to write very long opinions and who — like many retired Maryland judges (seventy is the mandatory retirement age) — continues to sit on the bench from time to time by special assignment. Judge Moylan’s latest opinion, issued yesterday, is one of those lengthy opinions — which means I need more time to review and digest it — and addresses in detail a motions hearing judge’s role in reviewing another judge’s decision to issue a search warrant, starting with Judge Moylan’s talking about the reviewing judge’s need to use appellate review principles in doing so.

The case is Maryland v. Demetrius Jenkins, ___ Md. App. ___ (Feb. 6, 2008). Maryland’s highest court, the Court of Appeals, seems never to hesitate to overturn Court of Special Appeals decisions, so I will check whether this case proceeds to the Court of Appeals by a writ of certiorari. Jon Katz