Archive | August 2020

It’s Official: Maryland Accepts Daubert as Controlling Law for Admitting Expert Testimony

Editor’s Note: The author of this post represented the Defendant in the appeal. This article does not address any case-specific facts and instead focuses on the holding’s impact on Maryland law generally. As with all of our posts, it contains only the author’s personal opinions, not those of his firm or his clients. This is the blog’s first substantive post on Rochkind, and we expect to have more. If you are interested in submitting a guest post, please contact the editor-in-chief.

By Derek Stikeleather

After more than a decade of incrementally adopting the Daubert standard—and the steady erosion of Frye-Reed as an independent, additional requirement for trial courts applying Maryland Rule 5-702—the Court of Appeals has clarified Maryland law on expert testimony. In Friday’s landmark Rochkind v. Stevenson opinion (its final of the Term), the Court formally adopted the Daubert standard as controlling Maryland law.[1] In doing so, it retired the superfluous Frye-Reed test, which had not only become riddled with exceptions but also evolved into the same “analytical gap” test that courts use when applying Rule 5-702 to expert testimony.

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Virtual Event: Appellate Practice, Sept. 14

Michael Wein, a founding member of the blog, has organized a terrific virtual event for Monday, September 14, from 5:30 to 6:45. Please click here to register.


The Litigation Section and its Appellate Practice Committee is co-sponsoring with the Prince George’s County Bar Association a virtual Appellate Practice program. This program will include a discussion of new appellate rules, final judgements for appeals, issue recognition and drafting questions presented.

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Breaking news: Maryland adopts Daubert test for expert testimony

Today, in Rochkind v. Stevenson, the Maryland Court of Appeals adopted the Daubert test for the admissibility of expert testimony.

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Maryland Certiorari Statistics, 2019 Term

By Steve Klepper (Twitter: @MDAppeal)

For three years now, I’ve tracked the Court of Appeals’ petition docket. The judiciary’s annual statistical reports give the overall grant rate for civil and criminal certiorari petitions. Because the majority of petitions each year are filed pro se, however, the overall statistics are not terribly helpful for lawyers in advising their clients regarding the odds of certiorari.

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August 2020 Maryland Certiorari Grants, Part 2

Today the Court of Appeals posted one additional certiorari grant, outside its typical schedule for deciding petitions.

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August 2020 Maryland Certiorari Grants

Today the Maryland Court of Appeals granted certiorari in two criminal cases and one civil case. Read More…