Archive | Certiorari Petitions RSS for this section

Eight New February 2017 Maryland Certiorari Grants

By Brandon Moore

On Friday, the Court of Appeals issued eight certiorari grants, covering a wide range of civil and criminal questions. We have two more cell phone Fourth Amendment cases, including one where the police obtained a warrant. The list of cases, with questions presented, appears after the jump.

Read More…

Six New Maryland Certiorari Grants, January 9, 2017

The Court of Appeals of Maryland has posted six new certiorari grants. Five are criminal cases. The one civil case involves a Court of Special Appeals opinion, authored by Judge Arthur, with facts that read like a Trusts & Estates exam. On the criminal side, Savage v. State presents interesting questions regarding a defense expert’s neuropsychological examination and DSM-IV diagnosis.

The Court of Appeals is likely to issue any additional grants for this month on a rolling basis between now and January 20 (the day after its January 19 conference).The six grants, with questions presented, appear after the jump. Read More…

Hidden Legal Horcruxes: “The Maryland Court of Appeals and the Amply Sized Certiorari Petition”

By Michael Wein

With the release of the movie “Fantastic Beasts and Where to Find Them,” it’s worth noting that Maryland law embraces Harry Potter, at least tongue-in-cheek. Three appellate decisions, by three separate appellate judges, have cited the popular series of seven books by J.K. Rowling and nine movies — though the citations are only to the first and third books. See People’s Counsel for Balt. Cty. v. Loyola Coll. in Md., 406 Md. 54, 107 (2008) (J. Harrell) (discussing  how the “‘Sorting Hat’ is a magical artifact that is used to determine in which house (Gryffindor, Hufflepuff, Ravenclaw or Slytherin) first-year students at Hogwarts School of Wizardry and Witchcraft are to be assigned” in “Harry Potter and the Sorcerer’s Stone”); Bishop v. State, 417 Md. 1, 26 (2010) (J. Battaglia) (in “Harry Potter and the Prisoner of Azkaban,” a “‘boggart’ is a shape-shifting creature … that takes the form of the viewer’s worst fears. Because it instantly changes shape when someone first sees it, no one knows what a boggart looks like when it is alone. One way to combat a boggart is with the charm riddikulus.”); Bethesda Title & Escrow, LLC v. Gochnour, 197 Md. App. 450, 452 (2011) (J. Zarnoch) (during the litigation, “parties moved in and out of the complaint faster than Harry Potter’s broomstick in a Quidditch match.”) Now it’s time to bring out more advanced concepts of lawyer wizardry exhibited in the later books.

Read More…

Maryland Court of Appeals adds one case to its docket, subtracts another

By Steve Klepper (Twitter: @MDAppeal)

Keeping up regular updates to a blog isn’t easy, but the Maryland Court of Appeals is making things easier for us by issuing certiorari grants on a rolling basis. The Court’s monthly conference was yesterday. After the six grants earlier this month, there was only one cert-worthy case left. Read More…

November 2016 Maryland Certiorari Grants

It looks like the new normal is that the Court of Appeals of Maryland will now issue two batches of certiorari grants each month: one during its argument session at the beginning of the month, and one following its mid-month conference. The Court just posted four certiorari grants. Lewis v. State presents some interesting questions under the Uniform Act to Secure Attendance of Witnesses from Without a State in Criminal Proceedings (Court of Specials opinion here). The full list, including questions presented, appears after the jump.

Read More…

October 2016 Maryland Certiorari Grants

By Steve Klepper (Twitter: @MDAppeal)

Six days after granting expedited review of a Baltimore City ballot dispute,  the Court of Appeals issued its regularly scheduled monthly batch of certiorari grants. The five grants include Norman v. State (previously covered by Chris Mincher as part of his COSA Dissent Watch feature), involving pat-downs of passengers when officers smell marijuana during a traffic stop. Continuing the theme of impaired driving, the Court of Appeals accepted two petitions by the MVA in cases where drivers refused intoxication tests. The entire list, including questions presented, appears after the jump. Read More…

Regulatory deference, not restrooms, at issue in high-profile petition

By John Grimm

One of the most closely watched cert petitions before the U.S. Supreme Court in its new term is G.G. v. Gloucester County School Board, scheduled for conference on October 14. The Fourth Circuit decision — which gained national attention in April — was a major milestone for transgender rights, but the petition raises only a narrow question unrelated to civil rights: whether the Court should abandon a relatively obscure, but increasingly controversial, doctrine of administrative law. G.G. is a striking example of how seemingly dry concepts of administrative procedure can have unexpected relevance outside of traditional “administrative law” practice areas.

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…

Another September 2016 Certiorari Grant

Though the usual collection of Court of Appeals certiorari grants came a little earlier than expected this month, the judges’ regularly scheduled monthly conference did result in one more:

State of Maryland v. Douglas Ford Bey II – Case No. 48, September Term, 2016

Issue – Criminal Law – Did CSA err in concluding that Criminal Law § 3-315, which prohibits engaging in a continuing course of conduct with a child, prohibits more than one conviction and sentence per victim, regardless of the duration of the abuse or the type of sexual acts committed?

Bey poses some interesting questions of interpretation that prompted a short concurrence by Judge Friedman in the lower appellate court. (The Court also summarily granted certiorari and remanded to the Court of Special Appeals the case of Antwann Gibson v. State of Maryland – Case No. 48, September Term, 2016.)

COSA Dissent Watch: Circumstantial evidence of lead paint in the post-Rowhouses world

By Chris Mincher

The case: Murphy v. Ellison, Sept. Term 2015, No. 0822 (Aug. 23, 2016) (unreported)

The questions: Can a plaintiff in a lead-paint case establish a property as a reasonably probable source of exposure without expert testimony or inspections of the property? Can the age of a house or its components establish that the property probably had lead paint? Can evidence of lead paint on the exterior of a home be evidence of lead paint on the interior?

Read More…