September 2019 Maryland Certiorari Grants, Part 2

The Court of Appeals today granted certiorari in one additional case. Also, on September 17, it docketed a certified question from the District of Maryland. The cases, with questions presented, are below.

State of Maryland v. Kaleem Michael Frazier – Case No. 45, September Term, 2019
(Unreported COSA Opinion by Judge Wright, concurrence by Chief Judge Fader, joined by Judge Leahy)

Issues – Criminal Law – 1) Should this Court reconsider the rule articulated in State v. Lancaster, 332 Md. 385 (1993), and hold that where two offenses are deemed the same for purposes of merger, a court may impose a sentence based on the offense that carries the greater penalty? 2) If the Court permits a sentencing court to impose a sentence available pursuant to a lesser-included offense, even if it provides the greater penalty, was Respondent’s sentence legal?

Baltimore City Police Department, et al. v. Ivan Potts – Misc. No. 6, September Term, 2019

Certified Question from the United States District Court for the District of Maryland

Question – Whether, under the Maryland Local Government Tort Claims Act and related contractual provisions, in light of the undisputed facts in the record, the three former Baltimore City Police officers named in this action are entitled to indemnity for the judgment entered against them herein; that is, whether, as a matter of law on the undisputed facts, the judgment sought to be enforced by Plaintiff is based on “tortious acts or omissions committed by the [officers] within the scope of [their] employment with [the City].”

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