Governor Hogan Appoints Rosalyn Tang to Court of Special Appeals
Today, Governor Larry Hogan announced the appointment of Rosalyn Tang to the seat on the Court of Special Appeals vacated upon the elevation of Judge Steven Gould to the Court of Appeals. She was among seven nominees for the vacancy. The press release states:
Read More…Weighing Controlling and Persuasive Daubert Authorities for Maryland State Courts
Since Maryland’s formal adoption of the Daubert standard for admitting expert testimony in Rochkind v. Stevenson, 471 Md. 1 (2020), many Maryland judges and practitioners have sought more specific guidance on how to apply our new standard. Among the many questions, what weight do Daubert cases from outside Maryland hold? And how important are the official Advisory Committee notes for Federal Rule 702 now that Maryland—by adopting the standard that federal courts use to construe FRE 702—has essentially adopted FRE 702?
Read More…Release on Bond Pending Criminal Appeals in Maryland
There is a paucity of Maryland appellate opinions addressing the denial of bail pending an appeal after a criminal conviction. There exists one opinion in the Court of Appeals authored in 1970[1] and six opinions in the Court of Special Appeals authored between 1972 and 1984.[2]
By no means does this dearth of recent appellate cases indicate that defendants nowadays are getting bail pending appeal every time they ask for it. Rather, very few defendants ask for bail pending appeal, and those who do rarely seek appellate review after their request for release is denied.
Why is that? Why isn’t it more appealing to ask for an appeal bond?
Read More…Judge Diana Motz to Take Senior Status
The U.S. Courts website shows that, on December 13, Fourth Circuit Judge Diana Gribbon Motz announced her intent to take senior status upon confirmation of her successor. The Baltimore-based judge served on the Court of Special Appeals from 1991 to 1994, until her nomination to the Fourth Circuit by President Clinton and confirmation by the Senate on a voice vote.
Read More…December 2021 Maryland Certiorari Grants
The Maryland Court of Appeals yesterday granted certiorari in five appeals, all of them civil cases.
Read More…Seven Nominated for Montgomery County COSA Vacancy
The Appellate Courts Judicial Nominating Commission has nominated three judges and four practitioners for the vacancy created on the Court of Special Appeals when Governor Hogan elevated Judge Steven Gould to the Court of Appeals.
The nominees are:
Read More…Seven apply for Maryland Court of Appeals Vacancy (Third Appellate Circuit)
Four judges and three attorneys have applied for the Court of Appeals vacancy that will arise when Chief Judge Joseph M. Getty turns 70 this coming April. This expanded list of applicants comes after the vacancy was “re-advertised at the request of the Governor in order to attract as broad a field of candidates as possible consistent with his commitment to diversity and outreach.”
This seat on the State’s highest court is for the Third Appellate Judicial Circuit, which includes Allegany, Carroll, Frederick, Garrett, Howard and Washington Counties. The applicants are:
Read More…691 text messages—a tale of authenticity, relevance, and hearsay.
The Court of Special Appeals recently faced a case where 691 text messages played a significant role in the conviction of a defendant charged with drug offenses. Challenging the admission of those messages at trial, the defendant raised issues of authenticity, relevance and prejudice, and hearsay. Having failed in his efforts at trial, he appealed. But he fared no better in the Court of Special Appeals than he had in the Circuit Court for Talbot County, as the appellate court affirmed his conviction. Sykes v. State, No. 2132, Sept. Term, 2019 (Nov. 18, 2021).
Read More…Twelve Apply for Court of Appeals Vacancy (Harford and Baltimore Counties)
Following re-advertisement of the vacancy, “at the request of the Governor in order to attract as broad a field of candidates as possible consistent with his commitment to diversity and outreach,” six judges and six lawyers are now applying for the Court of Appeals vacancy that will arise when Judge Robert McDonald turns 70 this coming February.
The applicants are:
Read More…November 2021 Maryland Certiorari Grants
Last week, the Court of Appeals granted review in two criminal cases and three civil cases. It posted the questions presented this afternoon, and we’ve posted them below with links to the Court of Special Appeals decisions under review.
Judge Gould is recused from the three cases involving reported opinions, because he participated in the Court of Special Appeals’ vote to report the opinions.
Read More…
Maryland Appellate Blog 