Archive | April 2019

Corporations Need Counsel

By Karen Federman Henry

It’s not really new—corporations cannot participate in court proceedings without an attorney.  The same concept applies to the otherwise informal process before an administrative agency.  So what should a corporation do when its counsel withdraws from an administrative proceeding?  The Court of Special Appeals recently answered the question in an unreported decision—retain counsel or say something to preserve the issue for further review.

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April 2019 Maryland Certiorari Grants

On Wednesday, the Maryland Court of Appeals granted certiorari in six cases (four civil and two criminal) and, in a miscellaneous docket proceeding, accepted certified questions from the Court of Special Appeals to resolve three criminal appeals. Those cases, with questions presented, are below. Read More…

Court of Special Appeals to Disclose Panels 7-10 Days Before Argument

By Steve Klepper (Twitter: @MDAppeal)

Until now, the Maryland Court of Special Appeals (like the Fourth Circuit) has not disclosed the identities of the three judges hearing an appeal until the morning of argument. That is changing, beginning next month.

According to the Court’s May 2019 schedule:

Panel assignments for argued cases will be identified for each courtroom approximately 7 – 10 days in advance of argument. Panel assignments are always preliminary and subject to change. If any party has a basis for seeking recusal of any judge listed as sitting in a courtroom in which that party’s case is pending, a motion should be filed no later than three business days before the argument.

This change comes just four months after Chief Judge Matt Fader took the reins at the Court of Special Appeals.

The timing of panel disclosure means that briefing will have closed by the time the parties learn which judges will be hearing their cases. Without leave of court, replies must be filed at least ten days before argument, under Rule 8-502(b).