Archive | December 2023

December 2023 Maryland Certiorari Grant

On December 18th, the Supreme Court of Maryland granted review in one civil appeal and also added an election law direct appeal to its February argument calendar. The certiorari grant and information related to the election appeal is below.

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Case Update: Muldrow v. State.

By Carrie Williams

On December 6, 2023, the Appellate Court of Maryland held that a trial court: 1) must voir dire the jury regarding bias against sexual orientation where it is likely to be an issue in the case; and 2) that a trial court must consider whether expert testimony is admissible under Daubert even where the testimony involves a “widely accepted” methodology. See Albert M. Muldrow, Jr. v. Maryland, _____ Md. App. ____, No. 1898, Sept. Term, 2021 (filed Dec. 6, 2023) (Getty, J.).

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November 2023 Maryland Certiorari Grants (part 2)

On November 29th, the Supreme Court of Maryland granted review in two additional cases, one criminal appeal and one civil appeal on bypass from the circuit court.

The two certiorari grants, with a link to the Appellate Court decision under review, are below.

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Denial of a Detail and Implied Fabrication under § CJP 10-923: A Matter of First Impression

By Isabelle Raquin

In Green v. State (No. 0854, September Term 2022), the Appellate Court of Maryland (ACM) decided, as a matter of first impression, whether the defendant’s denial of just one of the elements of the offense amounts to an implied allegation of fabrication necessary for the admission of a prior sexually assaultive act under Cts. & Jud. Procs. (CJP) § 10-923. The ACM also applied the Maryland Supreme Court’s recent decision in Woodlin v. State, 484 Md. 253 (2023), to decide whether the probative value of Green’s prior sexually assaultive behavior was substantially outweighed by the danger of unfair prejudice.

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