Legal Case

Md. Dept. of Health v. Boulden

Boulden

Court

Court of Special Appeals of Maryland

Decided

June 3, 2025

Jurisdiction

SA

Practice Areas

Health Law
Criminal Law
Administrative Law

Case Summary

Maryland Department of Health v. Jeffrey Boulden, et al., Nos. 534, 581, 582, 641, 643, 996 & 1291, September Term, 2024. Opinion by Graeff, J. CONSTRUCTIVE CIVIL CONTEMPT — STATUTORY SANCTIONS Where the court finds an individual to be incompetent to stand trial (“IST”) and dangerous, the Maryland Department of Health (the “Department”) is required, under Md. Code Ann., Criminal Procedure (“CP”) § 3-106(c)(4) (2024 Supp.), to admit the defendant to a designated health facility within ten business days of the commitment order. If the Department does not admit the defendant to a Department facility within that time period, the defendant can seek to compel compliance by filing an action for constructive civil contempt or an action for statutory sanctions under CP § 3-106(c)(4). Constructive civil contempt requires a finding, based on evidence, of a willful failure to comply with the court’s commitment order. In the Dorchester County case, the only evidence presented in support of the contempt petition was that the Department had taken action to alleviate the bed shortage in its facilities, but there were still not enough beds to comply with the court’s commitment order. Without evidence that the Department could have done more to comply with the order, the mens rea element of constructive civil contempt, i.e., willfulness, is not satisfied. Because the record does not support the finding that the Department willfully failed to comply with the Dorchester County commitment order, the court’s finding in this regard was clearly erroneous, and it abused its discretion in holding the Department in contempt. In addition to a contempt finding, a court can impose sanctions on the Department pursuant to CP § 3-106. To find a violation of CP § 3-106(c)(2), the court needs to determine only that the Department failed to admit the defendant to a designated health facility within the statutorily required ten-day period. Evidence that the Department could not comply with commitment orders due to the unavailability of beds does not categorically preclude sanctions under CP § 3-106(c)(4). If the court finds a failure to timely admit a defendant, the statute provides for the imposition of sanctions “reasonably designed to compel compliance.” Although the statute does not define the term “reasonably designed to compel compliance,” the legislative history makes clear that the intent of the General Assembly in enacting CP § 3-106(c)(4) was to impose a deadline for admission, with sanctions to enforce compliance. Given the increasing problem of a failure to timely admit defendants, it was reasonable for the courts to believe that large statutory sanctions would encourage the Department to explore all options to resolve this continued problem. That two of the defendants, Glenn D. Hawkins and Kennard Jacobi Goins, had been admitted to a Department facility prior to the sanctions hearing did not prohibit the court from imposing sanctions under CP § 3-106(c)(4). The statute does not contain any language stating that reimbursement or other sanctions cannot be imposed once the patient has been admitted to a Department facility. Construing the statute to limit sanctions, including reimbursement to detention centers, when the Department has already admitted a defendant to a facility prior to the sanctions hearing would add words to the statute and frustrate the legislature’s express intent to allow for reimbursement to the detention center for costs incurred in housing defendants that should be in a Department facility. In the Kent County case involving Jeffrey Boulden, and in the Baltimore County cases involving William Damond Lomax, Malik T. Jackson, Mr. Goins, Mr. Hawkins, and Steven R. Kauffman, the court did not abuse its discretion in its decision to impose sanctions. With respect to the amount of sanctions, however, we construe the statute to authorize the calculation of daily sanctions beginning on the 11th business day from the date of the commitment order. In the Baltimore County cases involving Mr. Lomax, Mr. Jackson, Mr. Goins, and Mr. Hawkins, the court did not calculate the daily sanctions beginning on the 11th business day. We reverse those orders and remand for a new calculation regarding the amount of sanctions. Circuit Court for Kent County Case Nos. C-14-CR-21-000044, C-14-CR-23-000050, C-14- CR-23-000146 Circuit Court for Baltimore County Case Nos. C-03-CR-24-000015, C-03-CR-24-000251 C-03-CR-23-002969, C-03-CR-23-003449 C-03-CR-23-003775 Circuit Court for Dorchester County Case No. C-09-CR-23-000286 REPORTED IN THE APPELLATE COURT OF MARYLAND Nos. 534, 581, 582, 641, 643, 996, 1291 September Term, 2

Case Summary

Summary of the key points and legal principles

Legal Topics

Areas of law covered in this case

Constructive Civil Contempt
Statutory Sanctions
Competency to Stand Trial
Mental Health Law

Case Information

Detailed case metadata and classifications

Court Proceedings

Date FiledJune 3, 2025
Date DecidedJune 3, 2025

Document Details

Times Cited
0

Legal Classification

JurisdictionSA
Court Type
federal
Judicial Panel
Graeff
Opinion Author
Graeff

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Cooper, Jr. v. State

80% match
Hawaii Intermediate Court of Appeals
Jun 2025

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People of Michigan v. Donte Jamelle Smith

80% match
Michigan Court of Appeals
Jun 2025

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Clardy v. Board of Parole

341 Or. App. 211

80% match
Court of Appeals of Oregon
Jun 2025

No. 525 June 4, 2025 211 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). IN THE COURT OF APPEALS OF THE STATE OF OREGON SIRGIORGIO SANFORD CLARDY, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent. Board of Parole and Post-Prison Supervision A181462 Submitted on May 15, 2025. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Shawn Wiley, Deputy Public Defender, Oregon Public Defense Commission, filed the opening brief for peti- tioner. Sir Giorgio Sanford Clardy filed the supplemental brief pro se. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jeff J. Payne, Assistant Attorney General, filed the brief for respondent. Before Tookey, Presiding Judge, Kamins, Judge, and Jacquot, Judge. PER CURIAM Affirmed. 212 Clardy v. Board of Parole PER CURIAM Petitioner is an adult in custody who was sentenced as a dangerous offender to serve 300 months with a man- datory minimum of 75 months on multiple felony counts. Petitioner assigns error to the Board of Parole and Post- Prison Supervision’s (the board) order denying him release and deferring parole consideration for two years. He argues that the board applied improper standards to the deter- mination of whether he was eligible for release, and that the board’s determinations are unsupported by substantial evidence resulting in a final order that lacked substantial reason. The board argues that it applied the proper stan- dards to the release determination according to our prior decisions, and that its factual findings were based upon sub- stantial evidence in the record. We affirm. We review a board order “for legal error, substantial evidence, and substantial reason.” Bell v. Board of Parole, 283 Or App 711, 713, 391 P3d 907, rev den, 361 Or 645 (2017). First, we address petitioner’s argument that the board applied the wrong standard. When a person is sentenced as a dangerous offender, the trial court has made a finding that the person was suffering from a severe personality disorder that predis- posed them to commit crimes that seriously endangered the life or safety of another. We have previously determined, in a case not materially distinguishable from this one, that the test the board applied, including whether petitioner still suf- fered from a mental disorder that predisposed him to com- mit any crime, is appropriate. Guzek v. Board of Parole, 325 Or App 795, 804, 530 P3d 510, rev den, 371 Or 476 (2023). Similar to that case, we have considered the record, and determine that the board’s intermediate determinations that petitioner lacked remorse for the victims, failed to engage in mental health treatment, and resisted being supervised as a sex offender, are amply supported by evidence in the record, and petitioner’s own statements to the board—quoted in the board’s letter of deferral—reinforce our determination that the board considered the appropriate standard in denying release and deferring the next parole consideration hearing. We also find the psychologist’s finding that peti- tioner is currently suffering from antisocial personality Nonprecedential Memo Op: 341 Or App 211 (2025) 213 disorder to be adequately supported by a preponderance of evidence in the record, despite problems associated with the Personality Assessment Inventory test. The board’s duty at the parole consideration hearing is to determine whether petitioner has shown by a preponderance of the evidence that he is no longer dangerous at the time of the parole con- sideration hearing. Davis v. Board of Parole, 341 Or 442, 448, 144 P3d 931 (2006). Here, the board adequately con- nected its reasons for denial to evidence in the record, and it did not err. Affirmed.

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Craw v. Miller

341 Or. App. 170

80% match
Court of Appeals of Oregon
Jun 2025

170 June 4, 2025 No. 516 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). IN THE COURT OF APPEALS OF THE STATE OF OREGON MICHAEL THOMAS CRAW, Petitioner-Appellant, v. Jamie MILLER, Superintendent, Snake River Correctional Institution, Defendant-Respondent. Malheur County Circuit Court 20CV11843; A182186 J. Burdette Pratt, Senior Judge. Submitted March 18, 2025. Corbin Brooks and Equal Justice Law filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Peenesh Shah, Assistant Attorney General, filed the brief for respondent. Michael T. Craw filed the supplemental brief pro se. Before Ortega, Presiding Judge, Lagesen, Chief Judge, and Hellman, Judge. HELLMAN, J. Affirmed. Nonprecedential Memo Op: 341 Or App 170 (2025) 171 HELLMAN, J. Petitioner appeals from a judgment that denied his petition for post-conviction relief on five claims related to constitutionally ineffective and inadequate assistance of counsel in the underlying criminal case in which he pleaded no contest to 10 counts of first-degree encouraging child sexual abuse, ORS 163.684, and 10 counts of second- degree encouraging child sexual abuse, ORS 163.686. On appeal, he raises two assignments of error through coun- sel and three assignments of error pro se. In his counseled assignments, he claims that the post-conviction court erred in ruling that trial counsel was not ineffective for failing to advise petitioner that he could file a successful motion to suppress images obtained from his computer and for failing to advise petitioner that he had a right to a unanimous jury verdict. In his three supplemental pro se assignments of error, petitioner claims that the post-conviction court erred in ruling that trial counsel was not ineffective for failing to file a motion to suppress on the grounds that the warrant lacked probable cause or on the grounds that, among other things, it did not comply with the statutory requirements under ORS 133.615, and for failing to file a motion to dis- miss on the grounds that his arrest was unlawful. We reject petitioner’s counseled assignments and first supplemental assignment because we conclude that petitioner did not establish his claims for relief. We reject petitioner’s second and third supplemental assignments as unpreserved. We therefore affirm. We review the post-conviction court’s decision for legal error. Green v. Franke, 357 Or 301, 312, 350 P3d 188 (2015). “A post-conviction court’s findings of historical fact are binding on this court if there is evidence in the record to support them.” Id. A petitioner claiming inadequate assis- tance of counsel under Article I, section 11, of the Oregon Constitution has the burden “to show, by a preponderance of the evidence, facts demonstrating that trial counsel failed to exercise reasonable professional skill and judgment and that petitioner suffered prejudice as a result.” Trujillo v. Maass, 312 Or 431, 435, 822 P2d 703 (1991) (“Only those acts or omissions by counsel which have a tendency to affect the 172 Craw v. Miller result of the prosecution can be regarded as of constitutional magnitude.” (Internal quotation marks and brackets omit- ted.)). Under the federal standard, a petitioner is required to “show that counsel’s representation fell below an objective standard of reasonableness” and that, as a result, petitioner was prejudiced. Strickland v. Washington, 466 US 668, 688, 104 S Ct 2052, 80 L Ed 2d 674 (1984). As the Oregon Supreme Court has recognized, those standards are “func- tionally equivalent.” Montez v. Czerniak, 355 Or 1, 6-7, 322 P3d 487, adh’d to as modified on recons, 355 Or 598, 330 P3d 595 (2014). Under both the state and federal constitutions, “[t]o prove prejudice after pleading guilty, a petitioner must show a ‘reasonable probability’ that they would have pro- ceeded to trial if their lawyer had advised them correctly.” Blain v. Cain, 327 Or App 584, 588, 536 P3d 623 (2023), rev den, 372 Or 22 (2024). Motion to Suppress Evidence. In his first assignment of error, petitioner argues that the post-conviction court erred when it ruled that “trial counsel was not ineffective for failing to advise petitioner that he could file a success- ful motion to suppress images obtained from his computer.” In his first supplemental pro se assignment of error, peti- tioner also assigns error to the trial counsel’s failure to file a motion to suppress on the grounds that the warrant lacked probable cause. Because these assignments of error overlap, we address and resolve them together.

Very Similar Similarity

Lee v. DCBS

341 Or. App. 175

80% match
Court of Appeals of Oregon
Jun 2025

No. 517 June 4, 2025 175 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). IN THE COURT OF APPEALS OF THE STATE OF OREGON Kevin J. LEE, Petitioner, v. DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, Respondent. Department of Consumer and Business Services INS190008; A182238 Argued and submitted April 1, 2025. Kevin J. Lee argued the cause and filed the briefs pro se. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jon Zunkel-deCoursey, Assistant Attorney General, filed the brief for respondent. Before Ortega, Presiding Judge, Lagesen, Chief Judge, and Hellman, Judge. HELLMAN, J. Affirmed. 176 Lee v. DCBS HELLMAN, J. Petitioner, appearing pro se, seeks judicial review of a final order of the Department of Consumer and Business Services (DCBS) that revoked his insurance licenses and assessed civil penalties. On judicial review, petitioner argues that the final order is not supported by substantial evidence. We affirm. “We review an agency’s order in a contested case for errors of law, ORS 183.482(8)(a), substantial evidence, ORS 183.482(8)(c), and substantial reason.” Dorn v. Teacher Standards and Practices Comm., 316 Or App 241, 243, 504 P3d 44 (2021). “Substantial evidence exists to support a find- ing of fact when the record, viewed as a whole, would permit a reasonable person to make that finding.” ORS 183.482. “Substantial reason exists where the agency has articulated a rational connection between the facts and the legal conclu- sion that the agency draws from them.” Dorn, 316 Or App at 243 (internal quotation marks omitted). “Our review is restricted to the record.” Id. (citing ORS 183.482(7)); see also ORS 183.417(9) (defining “[t]he record in a contested case”). A detailed recitation of the facts would not benefit the bench, the bar, or the public. Petitioner held securities sales, insurance provider, and insurance consultant licenses in Oregon for several years. In 2017, the Federal Industry Regulatory Authority (FINRA) contacted petitioner to determine if he had violated any federal securities laws when he provided investment advice to his former neigh- bors. In 2018, petitioner filed a resident insurance license renewal application with the state and represented that he had not “been named or involved as a party in an adminis- trative proceeding, including FINRA sanction.” DCBS sub- sequently alleged that petitioner “act[ed] as a state invest- ment adviser in Oregon without a state investment license,” provided “misleading information” on his insurance license applications by not disclosing the FINRA investigation, and that he engaged in “fraudulent, coercive, or dishonest prac- tices.” At the contested hearing, the daughter of petitioner’s former neighbors, petitioner, and a DCBS financial enforce- ment officer testified, and the administrative law judge (ALJ) received into evidence numerous exhibits offered by Nonprecedential Memo Op: 341 Or App 175 (2025) 177 each party. The ALJ ruled in favor of DCBS and issued a proposed order. DCBS adopted the ALJ’s proposed order as the final order. We have reviewed each of petitioner’s 18 separate arguments concerning the final order and conclude that petitioner presents no basis to reverse. Many of petitioner’s arguments dispute DCBS’s interpretation of the facts, but we do not reweigh evidence on appeal. See Gaylord v. DMV, 283 Or App 811, 822, 391 P3d 900 (2017) (“When in a review role, a court does not review for the better evidence.”). Many of petitioner’s arguments also depend on his testimony— which DCBS found not credible—and we do not revisit cred- ibility on appeal. See id. (“A substantial evidence review does not entail or permit the reviewing tribunal to reweigh or to assess the credibility of the evidence that was presented to the fact-finding body.” (Internal quotation marks omitted.)) And petitioner’s arguments do not establish that DCBS committed any legal error in its analysis. In sum, substan- tial evidence supports DBCS’s findings of fact, and the order provides substantial reason for its conclusions. Petitioner has not demonstrated any legal error on DCBS’s part. Affirmed.

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Case Details

Legal case information

Status

Decided

Date Decided

June 3, 2025

Jurisdiction

SA

Court Type

federal

Legal Significance

Case importance metrics

Citations
0
Legal Topics
Constructive Civil Contempt
Statutory Sanctions
Competency to Stand Trial
Mental Health Law

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AddedJun 4, 2025
UpdatedJun 4, 2025

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