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Maryland high court grants expedited review of Prince George’s County redistricting case

On January 31, 2022, the Prince George’s County Circuit Court enjoined the implementation of the County Council’s controversial new map for council districts. See Rachel Chason, Prince George’s judge throws out divisive redistricting map approved by county council, Washington Post (Jan. 31, 2022).

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In-Person Appellate Oral Arguments Ended Suddenly with a Bang, and are Restarting Slowly with Anticipated Full Strength in the Fall.

By: Michael Wein

What happened in March 2020 was an abrupt departure for everyone, and a surprisingly long segue from normal.  This post provides an update.   As outlined in detail in previous posts for this Blog,  the Maryland and Federal Appellate Courts (which include Maryland), suddenly postponed Oral arguments in March 2020.  They also had the unenviable task transitioning to Remote Oral Arguments for the first time.  It’s been that way for about a year.

Assuming T.S. Eliot is a legal authority (he’s not, but fun to quote) and as a matter of transitive logic, a “bang” wouldn’t signify the end of the world…only a whimper.   Thus, there will be a resumption of normal. [1]

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Oral Arguments Postponed Left and Right Due to Coronavirus…At Least in Maryland, How Long Should this Last?

By: Michael Wein

It began with court and jury trials being postponed throughout the State of Maryland.  But the past 10 business days have seen a remarkably swift progression in the postponement of appellate oral arguments in all Maryland and related Federal Courts due to the novel coronavirus. Read More…

Bessie Decker to Retire as Clerk of Court of Appeals

By Steve Klepper (Twitter: @MDAppeal)

In bittersweet news for the Maryland bench and bar, Bessie Decker, the first-ever woman to serve as Clerk of the Court of Appeals, will retire on October 1. The upcoming vacancy is now posted on the Maryland Courts website, with an application deadline of October 5.

2008 news story regarding Ms. Decker’s appointment provides some background on her long, distinguished service to the Court of Appeals and Maryland bar: Read More…

Court of Appeals to review injunction removing Oaks from primary ballot

The Court of Appeals today granted a petition for certiorari by the administrator of the State Board of Elections, who is challenging yesterday’s injunction requiring that former state senator Nathaniel Oaks’ name be removed from the June primary ballot. Heather Coburn has been covering the case at The Daily Record. The Court of Appeals has scheduled argument this coming Wednesday, May 2. Read More…

Adnan Syed entitled to new trial, Court of Special Appeals affirms. What’s next?

By Steve Klepper (Twitter: @MDAppeal)[*]

The Court of Special Appeals of Maryland has issued its decision in Adnan Syed v. State of Maryland. The opinion, affirming that Syed is entitled to a new trial, is available here.

So what’s next? Read More…

Judge Niemeyer’s dissent is the real headline in Maryland political gerrymandering case

By Steve Klepper (Twitter: @MDAppeal)

Today, a three-judge panel of the U.S. District Court for the District of Maryland stayed proceedings in Maryland’s political gerrymandering case, Benisek v. Lamone, pending the Supreme Court’s decision in the Wisconsin political gerrymandering case, Gill v. Whitford. The real headline, though, is Fourth Circuit Judge Paul Niemeyer’s dissent, which could have real implications for Gill. Read More…

Fourth Circuit Senior Judge Andre Davis to Become Baltimore City Solicitor

By Steve Klepper (Twitter: @MDAppeal)

There is some bittersweet news out of Baltimore. Senior Judge Andre Davis, of the United States Court of Appeals for the Fourth Circuit, will be resigning his commission to become the new Baltimore City Solicitor, effective September 1, 2017. He has heard his last Fourth Circuit arguments and will be finishing work on opinions over the summer. Read More…

Maryland high court grants expedited hearing for Baltimore City Council ballot

By Steve Klepper (Twitter: @MDAppeal)

This past Thursday, which seems like a political lifetime ago, the Court of Appeals of Maryland granted certiorari in the following case:

Linda H. Lamone, et al. v. Ian Schlakman, et al. – Case No. 50, September Term, 2016

Issue – Election Law – Did the trial court err in entering an ex parte temporary restraining order that requires the Appellants to remove the name of a qualified candidate from the ballot in Baltimore City Councilmanic District No. 12 for the 2016 General Election?

The Court of Appeals will hear the argument at a special sitting on October 18.

Green Party nominee Ian Schlakman and independent candidate Frank W. Richardson filed suit against the State Administrator of Elections, seeking to remove Dan Sparco (a self-described “Unaffiliated Democrat”) from the ballot. According to an August article by the Baltimore Sun’s Luke Broadwater, Sparaco “acknowledges he missed the state’s deadline,” but he “gained access to the ballot through his own federal lawsuit, which alleged that Maryland’s February filing deadline was unconstitutionally too early.” Sparaco “agreed to drop his suit once State Board of Elections officials agreed to let him on the ballot if he gathered enough signatures.” Read More…