27 Apply for Court of Special Appeals: April 2017

By Brandon Moore

Twenty-seven applicants applied for an at-large seat on the Court of Special Appeals, according to the list made public on Thursday. The seat will become vacant upon the mandatory retirement of Chief Judge Peter B. Krauser, who turns 70 years young on May 5. Eight of the applicants are being considered automatically because the Judicial Appellate Nominating Commission had previously recommended them for the Court.

See the full list of applicants below.

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Twombly-Iqbal “Plausibility” and Maryland’s Pleading Requirements

Kamil Ismail Guest contributor

In a pair of decisions from 2007 and 2009, the Supreme Court of the United States established what has become known as the Twombly-Iqbal standard for a federal complaint to state a claim. With Twombly-Iqbal now entrenched in federal court, practitioners may be wondering whether that standard’s “plausibility” requirement also applies to complaints in state court. A better question, though, may be whether such a requirement was ever lacking in state court. Read More…

Fourth Circuit Weighs “Exceptional Importance” and Possible En Banc Hearing on Travel Ban 2.0

By Derek Stikeleather

President Trump’s revised “travel ban,” which targets six predominantly Muslim nations, has drawn intense media scrutiny and legal challenges across the nation. The proceedings in the federal Ninth Circuit Court of Appeals, which includes Hawaii and Washington, have garnered the lion’s share of the media spotlight. But proceedings here in the Fourth Circuit may yield the first substantive appellate court decision on the travel ban’s constitutionality.

As often happens in high-profile appeals, unusual procedural questions have also arisen. Last week, the Fourth Circuit received briefing, which it had ordered from the parties just days earlier, “on the appropriateness of initial en banc review” by the entire court. This is atypical for many reasons. Read More…

Event: Effective Appellate Advocacy for Family Law Cases

From the Maryland Appellate Blog inbox, and highly recommended:

THE LITIGATION SECTION OF THE MARYLAND STATE BAR ASS’N AND ITS APPELLATE PRACTICE COMMITTEE

TOGETHER WITH THE FAMILY AND JUVENILE LAW SECTION

AND MILES & STOCKBRIDGE, P.C.

PRESENT

Effective Appellate Advocacy for Family Law Cases

Tuesday, April 18, 2017

5:00 – 8:00 p.m.

Court of Appeals of Maryland

Robert C. Murphy Courts of Appeal Building

Fourth Floor 361 Rowe Boulevard Annapolis, MD 21401

5:00 – 6:00 p.m. Social Hour Reception – Foyer to the Courtroom

Cash Bar (Beer & Wine) & Hors D’oeuvres

6:00 p.m. – 8:00 p.m. – Court of Appeals Courtroom

Speaker Presentations and Audience Questions

$20.00 for MSBA Litigation Section or Family and Juvenile Law Section Members

$35.00 for others

SPEAKERS:

THE HONORABLE DEBORAH S. EYLER, Judge, Court of Special Appeals of Maryland

STEPHEN J. CULLEN, ESQUIRE, Miles & Stockbridge, P.C.

CYNTHIA E. YOUNG, ESQUIRE

Please register by mailing your check payable to the MSBA, Attention: Theresa L. Michael, 520 West Fayette Street, Baltimore, Maryland  21201. SPACE IS LIMITED

April 2017 Maryland Certiorari Grants: Charter Schools and GPS Evidence

The Maryland Court of Appeals has posted its first batch of April 2017 certiorari grants, and next term is already looking interesting. The four grants include Baltimore charter schools’ appeal of an order staying their challenge to the city school board’s proposed funding formula. The Court of Appeals is also set to address the necessity of expert testimony to introduce a cell phone’s GPS location record. The cases are likely to be argued in September. The full list appears after the jump.

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Remembering Judge Howard S. Chasanow

By Brandon Moore

We mourn the loss of Judge Howard S. Chasanow, a former judge on the Court of Appeals of Maryland, who died on April 2.  I had the privilege to hear Judge Chasanow speak in October 2014 at the portrait and chief judge transition ceremony for his wife, Judge Deborah K. Chasanow, a senior judge of the U.S. District Court for the District of Maryland.  Judge Chasanow joked about his wife’s aversion to the spotlight, even at an event held in her honor.  “It’s hard to give speeches about people who won’t let you talk about them,” he quipped.  That night, Judge Chasanow displayed the same charm that many lawyers had come to admire.

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March 2017 Maryland Certiorari Grants

The Maryland Court of Appeals posted the “questions presented” in seven March certiorari grants yesterday, though only six of them are now live appeals. One petition, Deon Leroy Williams v. State, was granted on March 3, only to be dismissed on reconsideration on March 24. The first on the list, Burak, may provide some key insights on how the Court of Appeals will apply last year’s de facto parenthood decision in Conover v. Conover. The six live certiorari grants, with questions presented, appear after the jump. Read More…

Bd. of Liquor License Comm’rs for Balt. City v. Kougl: “But I didn’t know there was prostitution at my adult entertainment club.”

By Brad McCullough

In the film classic Casablanca, Captain Renault claimed he was “shocked – shocked – to find gambling going on” in Rick’s café. Similarly, in a case recently decided by the Court of Appeals of Maryland, Steven Kougl was shocked that prostitution was being solicited in his adult entertainment establishment, The Club Harem. But the court found it unnecessary to pass on the credibility of Kougl’s claims of innocence and lack of knowledge, holding that liquor board regulations made him strictly liable for the illicit activities at his club. Bd. of Liquor License Comm’rs for Balt. City v. Kougl, No. 43, Sept. Term, 2016 (Feb. 17, 2017).

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Event: The Maryland Court of Appeals – Pulling back the drapes on Oz

From the MSBA website (registration here):

The State and Local Government Law Section will convene at the Court of Appeals to hear from the Hon. Robert N. McDonald, the Hon. Michele D. Hotten, and the Hon. Joseph M. Getty as they share their thoughts about the history of the court and, in particular, government lawyers appearing before the court.

Hors d’oeuvres will be provided.

The price is $25 for members who register before March 24, and $40 thereafter. (The price for non-members is $35/$50 depending on when they register)

Location
Court of Appeals
Cost
Section Member : $25
Non-Member : $35
Contact
Theresa Michael
Organization
MSBA State and Local Government Law Section

Enter Judge Pamela Harris

Adam Farra
Guest contributor

Remember when that partisan street fight broke out after Pamela Harris was nominated to the Fourth Circuit by President Obama?  David Fontana wrote in The New Republic that “liberals should rally behind” then-nominee Harris because she – “more than any other Obama judicial nominee” (whew!) – would “be a sympathetic vote to liberal causes,” would “give rise to the next generation of liberal legal elites,” and would “be an eloquent and inspiring champion of liberal jurisprudence.”  Carrie Severino blisteringly responded in National Review that the Senate “should be deeply skeptical of her ability to put the law ahead of her political views,” and National Review did multiple pieces attacking her candidacy.  The questioning at her confirmation hearing tracked this line of attack.  Confirmed with 50 votes (no filibuster after Harry Reid triggered the nuclear option), Judge Harris fortified Obama’s transformation of the Fourth Circuit.

A few years have passed – and were the commentators right?  Is she a liberal lion and a conservative’s worst nightmare?

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