Time Is a Flat Circle: More Briefing Ordered in Public Defender Cases

By Steve Klepper (Twitter: @MDAppeal)

Today’s order from the Court of Appeals in Clyburn v. Richmond makes me think of the already-famous line in True Detective: “You’ll do this again. Time is a flat circle.” The Court of Appeals again adhered to its holding that a right exists to counsel at initial appearances, and it ordered another round of briefing and argument. The text of the order is below:

The Court having issued a temporary stay in the above entitled case until 4:30 p.m. on March 11, 2014, it is this 11th day of March, 2014

ORDERED, by the Court of Appeals of Maryland, that the temporary stay be, and the same is hereby, extended to 4:30 p.m. on June 5, 2014; and it is further ORDERED, by the Court of Appeals of Maryland, majority concurring, that

(1) The Court will not revisit DeWolfe v. Richmond, 434 Md. 444, 76 A.3d 1019 (2013);

(2) The Court will retain jurisdiction of this matter to revise the injunction issued by the Circuit Court; and

(3) The parties shall return to this Court for further oral argument concerning what action the Court should take to revise the injunction and what revisions should be made based on all then extant circumstances, including any legislative action; and it is further

ORDERED that this case will be set in for further oral argument on Tuesday, May 6, 2014, and the parties will submit further briefing as to an appropriate injunction on the following schedule: appellants’ brief(s) shall be filed on or before April 16, 2014; appellees’ brief(s) shall be filed on or before April 30, 2014; and appellants’ reply brief(s) shall be filed on or before May 2, 2014.