Not yet final. Decided October 26, 2026. The time for a motion for reconsideration and a petition to the U.S. Supreme Court has not run. Final word on that state’s own law and constitution — in that state only.
What happened
Andre Hammond, registered in Maryland as a Tier I offender because of District of Columbia convictions, was told in February 2023 that his next in-person registration in Charles County was due August 1, 2023. He missed it. At a bench trial for knowingly failing to register under Md. Code, Crim. Proc. § 11-721(a), he testified that he forgot because of depression and the deaths of several family members. The circuit court convicted him, saying “I forgot doesn’t mean you didn’t know,” and the Appellate Court of Maryland affirmed.
What the court decided
In a unanimous opinion by Justice Watts, the court affirmed. Proof that a person had notice of the duty to register and failed to do so is generally enough to show a “knowing” failure, and forgetting is not a defense. The court recognised three exceptions: an involuntary, medically diagnosed condition, such as Alzheimer’s disease or dementia, that deprives the person of awareness of the obligation; lack of notice; and impossibility, meaning outside circumstances such as hospitalization that prevent compliance. A condition that only makes remembering harder does not qualify.
Why it matters to the Registry
It is the court’s first ruling on the question, and it sets the line for every Maryland prosecution under § 11-721. The opinion surveys other states: California (Barker, Sorden) and a Massachusetts appeals court (Corbett) also reject plain forgetting while allowing evidence of serious mental conditions.
What it did not decide
It does not decide any sentence question; the Appellate Court had noted that extenuating circumstances can be raised in mitigation. It also does not decide how much medical evidence is needed to reach a factfinder, because Hammond offered none of that kind.
Developments
Appellate Court of Maryland affirms the conviction, 268 Md. App. 477.
Supreme Court of Maryland affirms: forgetting is not a defense to a knowing failure to register.
Last verified against the sources above on October 29, 2026.
Legal Disclaimer
These are plain-language summaries of court decisions, written for general education. A ruling binds only the courts beneath the court that issued it, later decisions and new laws can change what it means, and how it applies to any one person depends on facts a summary cannot capture. Read the opinion itself, and talk to a lawyer licensed in your state before relying on any case. This page is not legal advice.