STATE v. WIEGMANN

No. 13, September Term, 1998.

714 A.2d 841 (1998)

350 Md. 585

STATE of Maryland v. Kevin Joseph WIEGMANN.

Court of Appeals of Maryland.

August 4, 1998.


Attorney(s) appearing for the Case

Gary E. Bair, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for Petitioner.

Claudia A. Cortese, Asst. Public Defender (Stephen E. Harris, Public Defender, on brief), Baltimore, for Respondent.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, RAKER, WILNER and CATHELL, JJ.


CATHELL, Judge.

This case presents the issues of the authority of masters in domestic cases and the continued viability of the common law rule permitting individuals illegally arrested to resist such an arrest. We hold that under the Maryland Rules, masters have no authority to order an arrest pending an entry of a judicial order in accordance with the master's recommendations of contempt. Furthermore, we decline to abolish the common law rule of the right to resist...

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