Archive | September 2021

September 2021 Maryland Certiorari Grants

The Court of Appeals today granted review in two civil appeals and one criminal appeal. These were the first orders signed by new Chief Judge Getty since his appointment as chief judge took effect on Saturday.

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The Proliferation of Dissents from the Denial of Rehearing En Banc

By Megan E. Coleman

Each week my email inbox receives links to published opinions released by the Fourth Circuit. When I saw the link for Jane Doe v. Fairfax County School Board, No. 19-2203, I almost did not click on it. It was an order denying rehearing en banc and my first thought was, what could be enlightening about that? Luckily, I thought twice. After all, the Fourth Circuit decided to publish this order, so there must be more to it. Indeed, there was.

The first line of the order reads as one would expect: “The court denies the petition for rehearing en banc.” But what follows is an unexpected exchange between a concurring opinion and two dissenting opinions in which the concurrence writes to “confront” the dissent about a practice that is appearing with more frequency in the Fourth Circuit – dissenting from denials of rehearing en banc.

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“Don’t Say Daubert”? Why Not?

By Derek Stikeleather

No one likes to arrive at a party just as the fun is ending and the guests are leaving. Yet, within a year of the Court of Appeals completing its two-decade journey towards formally adopting the Daubert standard for admitting expert testimony, see Rochkind v. Stevenson, 471 Md. 1 (2020), a nationwide legal movement has begun rallying behind the slogan “Don’t Say Daubert.” Has Maryland arrived at the Daubert party only to see everyone else leave?

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COSA Now Allows Citation to Other Courts’ Unreported Opinions

By Steve Klepper (Twitter: @MDAppeal)

Until today, the Court of Special Appeals had a policy “not to cite for persuasive value any unreported federal or state court opinion.” In footnotes in a pair of opinions issued today (links here and here), the Court of Special Appeals announced a change in policy:

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Governor Appoints Getty as New Chief, Elevates Gould to COA, Signals Fast Action on Upcoming Vacancies

Governor Larry Hogan today appointed Judge Joseph Getty, who reaches mandatory retirement age in April 2022, to serve as Maryland’s new chief judge for the next seven months. The Governor also appointed Court of Special Appeals Judge Steven Gould to fill the Montgomery County seat on the Court of Appeals. The press release, quoted below, also states that the Governor will immediately begin the process to fill upcoming February and April vacancies on the Court of Appeals.

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