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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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