Visuals in the Art of Legal Writing
The old adage “a picture is worth a thousand words” can take on a whole new meaning, when you’re subject to a word limit. Including the pertinent visual from the trial court record (such as a photograph, plat, map or other drawing) in an appellate brief is simple[1] and can be more effective that a written description of the image. A visual reproduction allows the writer to magnify, highlight or “call out” an area or detail germane to the appeal, as well as grab the reader’s attention, as images are out of the briefing ordinary. Retired Judge Richard A. Posner wrote in support of this cause:
Read More…December 2024 Maryland Certiorari Grants
The Supreme Court of Maryland yesterday granted certiorari in four appeals.
Read More…Fourth Circuit announces three preferred fonts
Devoted followers of the Blog know this is the place for searing hot takes on developments in appellate typography. So of course we leapt into action upon Monday’s news that the Fourth Circuit has expressly approved three fonts (Times New Roman, Century Schoolbook, and Georgia) and expressly disapproved another (Garamond).
Granted, these choices are not exactly earth-shattering. Times New Roman, though always good fodder for typographical debate, remains ubiquitous and is not falling off any court-approved list anytime soon. Century Schoolbook is the most popular of the Century fonts, anointed by the U.S. Supreme Court as the chosen typeface family there. The third, Georgia—my go-to since Book Antiqua became inexplicably disfavored—has been steadily gaining acceptance as the most practical and versatile alternative to Times New Roman hegemony.
Read More…ACM Panel Divides on “Irregularity” Under Rule 2-535
When more than 30 days have passed since the entry of a judgment, it’s tough to challenge. To revisit the judgment that late, there needs to be one of three things set forth in Md. Rule 2-535: “fraud, mistake, or irregularity.” The vaguest of those terms, “irregularity,” covers failures by the court and its employees and agents (but not attorneys) to follow proper practices and procedures.
The grounds for an “irregularity” are more clear when it is a judge or the clerk’s office making a mistake (say, by not sending a required notice), but for other personnel involved in the judicial system it can be murky — as was evident earlier this year in the split Appellate Court decision in Howes v. Howes. The case demonstrates that, while new policies and methods for dispute resolution evolve to become part of the “regular” court system, they may create pitfalls for unwary litigations that are impermissibly “irregular.”
Read More…Pro Se Petitions and the Upcoming Coyle v. State Argument
By Steve Klepper (Bluesky @mdappeal)
Last week saw an unusual order from the Supreme Court of Maryland’s petition docket. In Feng v. Chen, the Court entered a GVR (grant, vacate, and remand) order on a pro se petition challenging the Appellate Court’s dismissal of an appeal when the appellant failed to order all circuit court transcripts.
Through the GVR order, the Court drew attention to a new program to aid pro se appellants:
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