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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.

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October 2021 Maryland Certiorari Grants

Today, the Maryland Court of Appeals granted certiorari in these five cases:

Nicholas Jabbar Williams v. State of Maryland – Case No. 37, September Term, 2021 (Reported CSA Opinion by Ripken, J.)

Issues – Criminal Law – 1) Did CSA err in finding the verdict was not impermissibly inconsistent?  2)  In what circumstances does the no-impeachment rule set forth in Maryland Rule 5-606(b) yield to a defendant’s constitutional rights and a jury’s true verdict?  3)  Did CSA err in holding there was sufficient evidence to convict Petitioner of second-degree murder and possession of a firearm by a person younger than twenty-one?

Anne Arundel County, Maryland v. 808 Bestgate Realty, LLC – Case No. 38, September Term, 2021 (Unreported CSA Opinion by Kenney, J.)

Issue – Local Codes – 1) Is CSA’s interpretation of § 17-11-207 of the Anne Arundel County Code in conflict with the County Charter and the County budget process as it relates to the funding of public improvements?

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September 2021 Maryland Certiorari Grants, Batch 2

The Maryland Court of Appeals today granted review in two criminal cases.

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September 2021 Maryland Certiorari Grants

The Court of Appeals today granted review in two civil appeals and one criminal appeal. These were the first orders signed by new Chief Judge Getty since his appointment as chief judge took effect on Saturday.

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August 2021 Maryland Certiorari Grants (Batch 1)

Today, the Maryland Court of Appeals granted certiorari in two criminal cases. Both involve voir dire preservation issues left unresolved by its June 23 decision in State v. Ablonczy, which held that “objections that relate to the determination of a trial court to not ask a proffered voir dire question are not waived by later acceptance, without qualification, of the jury as empaneled.” The Court yesterday denied several petitions in which the State raised the same argument it did in Ablonczy.

The Lopez-Villa and Jordan petitions, granted today, were not among the petitions circulated to the judges at their July 30 conference. It is therefore likely that the Court will issue a second batch of certiorari grants later this month.

Additionally, on July 26, the Court of Appeals accepted a certified question from the U.S. District Court for the District of Maryland. The three cases, with questions presented, are listed below.

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Maryland high court to hear challenge to COVID-related tolling orders

The Maryland Court of Appeals has accepted the following certified question from the U.S. District Court for the District of Maryland: “Did the Court of Appeals act within its enabling authority under, inter alia, the State Constitution and the State Declaration of Rights when its April 24, 2020 Administrative Order tolled Maryland’s statutes of limitation in response to the COVID-19 pandemic?”

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July 2021 Maryland Certiorari Grants

On Friday, July 9, the Maryland Court of Appeals granted certiorari in three cases:

Broadway Services, Inc. v. Comptroller of Maryland – Case No. 19, September Term, 2021 (Reported COSA Opinion, by Gould, J.)

Issues – Tax-General – 1) Where tangible personal property is purchased by an intermediary contractor for the use of a non-profit charitable institution in carrying on its exempt purpose, are those purchases exempt from Maryland sales and use tax in light of John McShain, Inc. v. Comptroller, 252 Md. 68 (1953) under Md. Code § 11-204 of the Tax-General Article? 2) Were the Maryland Tax Court’s factual findings supported by substantial evidence such that the purchases in question are exempt from Maryland sales and use tax?

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Maryland Certiorari Statistics, 2020 Term

By Steve Klepper (Twitter: @MDAppeal)

For the fourth straight year, I’ve tracked the Court of Appeals’ petition docket. The judiciary’s annual statistical reports give the overall grant rate for civil and criminal certiorari petitions. Because unrepresented (pro se) parties file the majority of petitions each year, however, the overall statistics are not terribly helpful for lawyers in advising their clients regarding the odds of certiorari.

Below are the statistics for the Court’s 2020 Term (petitions filed 3/1/2020 to 2/28/2021), alongside the statistics for the 2019 Term (petitions filed 3/1/2019 to 2/29/2020) and the 2018 Term (petitions filed 3/1/2018 to 2/28/2019).

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May 2021 Maryland Certiorari Grants

Today the Maryland Court of Appeals granted certiorari in five civil cases, one criminal case, and one juvenile case. This March, Alan Sternstein posted about the Court of Special Appeals decision in one of the civil cases, Mercer.

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April 2021 Maryland Certiorari Grants

On Friday, the Court of Appeals of Maryland (which will probably be renamed the Supreme Court of Maryland in 19 months) granted review in three appeals, all criminal, to be argued in September.

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