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Balitmore’s Gag Order Struck Without Prejudice And Other Stuff

It’s no big deal, but because of some people promoting it as a lost for Baltimore’s State’s Attorney Marilyn Mosby, I thought it important to write this so those interested can discern fact from ignorance.  It’s easier for me to understand the structures of courts than how Baltimore has its own State’s Attorney because in most states, State’s Attorneys are elected to represent a county and not a city.

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Marilyn Mosby

Each state has its own court structure, and that structure can differ from state to state. For example, California has Superior Courts that in other states, are considered Circuit Courts. Pennsylvania has courts of Common Pleas, Commonwealth Courts, Superior Court, and a Supreme Court. In Maryland, there are District Courts and Circuit Courts. District Courts are courts of limited jurisdiction.

The jurisdiction of the District Court is concurrent with that of the circuit court in criminal cases that are classified misdemeanors and certain felonies, in which the penalty may be confinement for 3 years or more or a fine of $2,500 or more. The District Court does not conduct jury trials.

The Circuit Court for Baltimore City is a State trial court of unlimited jurisdiction. It handles all types of cases and is divided into four main divisions: Family, Juvenile, Criminal, and Civil.

This photo provided by the Baltimore Police Department on Friday, May 1, 2015 shows, top row from left, Caesar R. Goodson Jr., Garrett E. Miller and Edward M. Nero, and bottom row from left, William G. Porter, Brian W. Rice and Alicia D. White, the six police officers charged with felonies ranging from assault to murder in the death of Freddie Gray. (Baltimore Police Department via AP)

This photo provided by the Baltimore Police Department on Friday, May 1, 2015.

The charges against the six Baltimore police officers in the death of Freddie Gray were filed in the District Court. It is in that court that State’s Attorney Mosby filed a motion for a gag order. However, the officers were indicted and the cases transferred to the Circuit Court on May 21, 2015.

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