Archive | January 2024

January 2024 Maryland Certiorari Grants

The Supreme Court of Maryland today granted certiorari in one criminal case and one civil case.

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Three Nominated for Eastern Shore ACM Vacancy

On January 12, 2024, the Appellate Courts Judicial Nominating Commission nominated two county administrative judges and a magistrate judge for the vacancy on the Appellate Court that will arise from the retirement of Judge Christopher B. Kehoe. This seat is for the First Appellate Judicial Circuit, which includes Caroline, Cecil, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico and Worcester Counties. The nominees are:

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Questions Remain About Self-Defense Jury Questions

By Chris Mincher

There are very few dissents in the Appellate Court of Maryland: By my slapdash and amateurish count — which will have some built-in double-counting and so isn’t precisely accurate — out of 899 opinions of the court in 2023, there were only 7 dissents, meaning the panels disagree roughly 0.8 percent of the time. When one issue resurfaces in dissents twice within the same year, it’s worth taking note.

Byrd v. State, No. 1787, Sept. Term 2021 (App. Ct. Md. Jan. 23, 2023), last January contained some conflicting ink in regards to the “some evidence” standard to get a jury instruction relating to “imperfect self-defense,” an issue that was also in play recently in Hollins v. State, No. 2023, Sept. Term 2022 (App. Ct. Md. Dec. 14, 2023), albeit in regards to the alleged violent propensity of a witness. The case stems from a parking-lot fight between McDonald’s coworkers Isiah Hollins and Alexander Alvarenga that resulted in Mr. Hollins stabbing Mr. Alvarenga in the head six or seven times.

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