An Extra Maryland Certiorari Grant for February 2019
By Steve Klepper (Twitter: @MDAppeal)
On Friday, the Court of Appeals granted review in one additional appeal, to go with seven grants from earlier this month.
Edinson Herrera Ramirez v. State of Maryland – Case No. 72, September Term, 2018 [Unreported COSA Opinion by Judge Shaw Geter]
Issues – Criminal Procedure – 1) Did CSA err when it held that a structural error did not occur when a biased juror was not stricken from the jury by trial counsel? 2) Did CSA err when it held that even if a structural error occurred Petitioner was not prejudiced? 3) Was Petitioner denied effective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984)? 4) Did CSA err when, as support for its decision, it used the number of prospective jurors in St. Mary’s County when trial in this case was held in Carroll County?
Friday’s orders also included the denial of review in a Special Immigrant Juvenile (SIJ) status case, In re W. E-R., which I covered in a prior post. Read More…
McLaughlin Opinion Provides Valuable Guidance After Final Judgment Rule Sinks Another Maryland Appeal
A recent foreclosure action in the Court of Special Appeals presented Judge Arthur with the opportunity to cleanly explain one of the more maddening—and anxiety-producing—rules of appellate practice, the Final Judgment Rule. See McLaughlin v. Ward, No. 1827, September Term 2017 (Jan. 30, 2019). The rule begins with a simple premise: one cannot appeal a trial court’s ruling until the court has entered a final judgment that resolves every claim in the case. See Md. Code Ann., Cts. & Jud. Proc. § 12-301. Yet, the rule has exceptions. And it is those exceptions that bedevil practitioners (and courts) as they grapple with proper application of the rule and try to avoid noting an appeal too early or—even worse—too late.
February 2019 Maryland Certiorari Grants
Today’s cert grants will bring a wide variety of issues before the Court of Appeals, including: the method for obtaining appellate review of an incarceration sentence in light of the Justice Reinvestment Act of 2016; the authority of the Workers’ Compensation Commission to revise an incorrectly-calculated award; and whether statutory relocation benefits should be extended to tenants vacating government-owned property.