January 2024 Maryland Certiorari Grants

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

State of Maryland v. Lamont Smith – Case No. 30, September Term, 2023
(Reported ACM Opinion by Judge Leahy)

Issue – Criminal Law – As a matter of first impression, is the “statement against penal interest” evidentiary rule Maryland’s only exception to the rule that a defendant is required to request redaction in order to properly raise a failure-to-redact claim on appeal?

Lithko Contracting, LLC, et al. v. XL Insurance America, Inc. – Case No. 31, September Term, 2023
(Unreported ACM Opinion by Judge Albright)

Issues – Insurance Law – 1) Did ACM err where it held that Petitioners were not protected by the waiver of subrogation in the agreement to develop certain property and an exhibit to the agreement? 2) As a matter of first impression, did ACM err where it held that the lessee to of the property did not waive subrogation against Petitioners despite requiring the general contractor to include the agreement’s exhibit’s waiver of subrogation in all its subcontracts?