September 2024 Maryland Certiorari Grants

On Friday, the Supreme Court of Maryland granted review in one criminal and one civil appeal.

Phillip Anthony Montague v. State of Maryland – Case No. 24, September Term, 2024 (Unreported ACM Opinion by Judge Berger)
Issue – Criminal Procedure – May a trial court deny a person’s motion for reduction of sentence pursuant to the Juvenile Restoration Act, § 8-110 of the Criminal Procedure Article, solely or primarily because he maintained his innocence?

In the Matter of Cheryl Lewis, et al. – Case No. 25, September Term, 2024 (Reported ACM Opinion by Judge Harrell)
Issues – County Codes – 1) Did ACM err in its interpretation and application of § 5-403 of the Courts & Judicial Proceedings (CJP) Article (immunities related to certain agricultural operations)? 2) Did ACM err in holding that there was substantial evidence in the record to support the Talbot County Agricultural Resolution Board’s decision finding that the long-term storage of materials on and application of materials to farmland is a generally accepted agricultural activity entitled to the rebuttable presumption of Talbot County Code Chapter 128 (the Right-to-Farm law) or CJP §5-403? 3) Did ACM err in applying Chapter 128 and CJP §5-403 when the court held the storage and application of materials did not substantially change the agricultural operation and did not amount to a waiver of protection under Chapter 128 and CJP §5-403?