May 2015 Court of Appeals Certiorari Grants

The perfect Friday afternoon distraction on a sunny spring day: three new certiorari grants, including a constitutional challenge to statutory provisions regarding the involuntary medication of psychiatric patients. This month’s batch after the jump.

Gary Allmond v. Maryland State Department of Health and Mental Hygiene – Case No. 34, September Term, 2015

Issue – Health – Is Md. Code Ann., Health-General § 10-708, as amended, unconstitutional under the Maryland Declaration of Rights?

Emerald Hills Homeowners’ Association, Inc. v. William E. Peters, et ux. – Case No. 32, September Term, 2015

Issues – Real Property – 1) Whether the subject residential subdivision plat, without any grant, deed, or other writing, expressly created and conveyed an easement for ingress and egress over the subdivision’s land to a property owner whose property was adjacent to, but not part of, the subdivision? 2) Whether CSA erred by concluding that there was no conflict between the access easement for Respondents and the Association’s members’ non-exclusive rights to use the open space areas in the subdivision?

State of Maryland v. Jacob Bircher – Case No. 33, September Term, 2015

Issue – Criminal Law – Did CSA err in finding abuse of discretion in the trial court’s decision to provide a supplemental instruction on the doctrine of transferred intent?