Abruquah v. State debates abuse of discretion under Rule 5-702.
The Supreme Court of Maryland’s recent 4-3 decision in Abruquah v. State takes a strict view of the admissibility of firearms identification testimony under Rule 5-702. (Sept. 2022 Term, Case No. 10) (decided June 20, 2023). The decision raises complex questions about whether defendants can retroactively challenge criminal convictions that were supported by such testimony. But I will leave that issue to others. Here, I want to focus on the Justices’ vigorous debate over the abuse-of-discretion standard under Rule 5-702.
Read More…In Zadnik v. Ambinder, the Appellate Court revisits the Dead Man’s Statute and Choice of Law Issues.
In Zadnik v. Ambinder, ___ Md. App. ___ (2023), the Appellate Court recently reviewed whether a trial court should have recognized a common law marriage from Pennsylvania, so to give the plaintiff standing to bring a wrongful death lawsuit in Maryland. The opinion offers key lessons for appellate and trial practitioners, in choice of law, the dead man’s statute, and preservation.
Read More…June 2023 Maryland Certiorari Grants
On June 16, 2023, the Supreme Court of Maryland granted review in three cases (all civil appeals). Those cases, with questions presented, are below.
Read More…The Right to Fair and Impartial Judges on Appeal: Belton
By: Isabelle Raquin
Last week, the Supreme Court of Maryland issued the much-anticipated decision concerning appellate impartiality in Belton v. State, No. 8, September Term 2022.
Who knew that, when this case was appealed to the Appellate Court of Maryland on a single, straightforward question regarding hearsay and self-defense, and submitted on briefs, it would turn into a matter of first impression in the Supreme Court implicating the right to fair and impartial judges on appeal?
Read More…Must See Appellate Panels at MSBA Legal Summit 2023
By: Meaghan Murphy
If you’re attending the MSBA Annual Summit this week in Ocean City, we hope you’ll stop by three panels sponsored or co-sponsored by the MSBA Section of Litigation’s Appellate Practice Committee.
Thursday, June 8, at 1:30 p.m.
You’ve Filed an Appeal – Now What???
(Room 209, co-sponsored with the Litigation Section)
The Hon. Gregory E. Wells (Chief Judge, Appellate Court of Maryland) will offer a behind-the-scenes view of the appellate process, joined by members of the ADR Court Staff and experienced appellate practitioners, including:
- Crystal Curry
- Andrew Fontanella
- Kathryn (Katie) Huff
- Faten Gharib
- and the Maryland Appellate Blog’s own Steven M. Klepper
Maryland Appellate Blog 