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POPKIN v. GINDLESPERGER

No. 104, September Term, 2011.

43 A.3d 347 (2012)

426 Md. 1

Sheriff Darren M. POPKIN v. Deputy Erick GINDLESPERGER.

Court of Appeals of Maryland.

April 26, 2012.

Attorney(s) appearing for the Case

Steven M. Sullivan , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, and Roger L. Wolfe, Jr. , Asst. Atty. Gen., Baltimore, MD), on brief, for appellant.

Carey Butsavage (Butsavage & Associates, P.C., Washington, DC), on brief, for appellee.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, BARBERA and McDONALD, JJ.

BATTAGLIA, J.

We have been asked to interpret Section 3-107(d) of the Public Safety Article, Maryland Code (2003, 2011 Repl.Vol.),1 a provision included in the Law Enforcement Officers' Bill of Rights ("LEOBR"), to determine whether a deputy sheriff can compel, by the issuance of a subpoena, the production of documents and records in advance of a disciplinary hearing. In this case, Deputy Erick Gindlesperger of the Montgomery County Sheriff...

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