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. The Court did not take action on another SIJ status appeal, In re M.L., No. COA-MISC-0025-2018, in which the Court of Special Appeals certified questions to the Court of Appeals at the end of January. The Court of Appeals usually sets a briefing schedule upon receipt of a certified question, but the In re M.L. docket shows no action beyond a transfer of the record on February 5. Perhaps the Court of Appeals will issue a summary ruling at the same time or after the Court issues its forthcoming opinion explaining its December per curiam order in Romero v. Perez.