March 2019 Maryland Certiorari Grants (Batch 2)
On Friday, the Maryland Court of Appeals granted certiorari in two cases. The Court has assigned both to its docket for next term, which begins September 1. The grants are below, with links to the Court of Special Appeals opinions under review.
State of Maryland v. Aaron Terrell Alexander – Case No. 1, September Term, 2019
(Unreported COSA Opinion by Beachley, J.)
Issues – Criminal Procedure – 1) Does section 6-233(a) of the Criminal Procedure Article, which allows a trial court to terminate a probation, permit that court to dismiss a violation of probation (“VOP”) petition filed by the State simply because the violation alleged is technical and the probationer served the equivalent of the presumptive penalty in custody awaiting the hearing on the VOP petition? 2) In any event, where the record shows that the trial court was mistaken in concluding that Respondent’s probation had expired, did the trial court err in closing the probation?
Telos Corporation v. Seth W. Hamot, et al. – Case No. 2, September Term, 2019
(Unreported COSA Opinion by Fader, C.J.)
Issues – Torts – 1) Does Maryland law apply “more relaxed standards of proof with regard to the proof of the amount of damages,” in intentional interference cases, in order that the “wrongdoer shall bear the risk of the uncertainty which his own wrong has created”? 2) Did the trial court err in failing to apply those “relaxed standards of proof” when considering the evidence of Petitioner’s damages resulting from Respondents’ intentional interference with Petitioner’s contract with its auditor?