Popkin v. Gindlesperger
Annotate this CaseDeputy Erick Gindlesperger of the county sheriff's office filed a subpoena request seeking to compel Sheriff Darren Popkin to produce documents prior to a disciplinary hearing under the Law Enforcement Officers' Bill of Rights (LEOBR). The hearing board denied the request, and Gindlesperger field a motion for show cause order. The circuit court determined that Md. Code Ann. Pub. Safety 3-107(d) entitled Gindlesperger to pre-hearing production of various enumerated documents. Sheriff Popkin appealed. The Court of Appeals reversed, holding that the circuit court committed reversible error when it ordered the pre-LEOBR hearing production of the enumerated documents, as section 3-107(d)(1) does not provide for compelling production of records and documents by subpoena in advance of an LEOBR disciplinary hearing.
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