Archive | Certiorari Petitions RSS for this section

Strong Cert Candidate in the Supreme Court, May Counsel Delay in Pending Juvenile “Equivalent to Life” Sentences in States like Maryland.

By Michael Wein

The United States Supreme Court has before it, a case out of the Supreme Court of Missouri, Bostic v. Dunbar, that may affect similar pending cases in state and federal courts.  This includes the case in the Maryland Court of Appeals of Matthew McCullough v. Maryland, which had oral arguments in February.  Read More…

Advertisements

April 2018 Maryland Certiorari Grants

The Maryland Court of Appeals granted five writs of certiorari today:

Rodney Lee Agnew v. State of Maryland – Case No. 9, September Term, 2018
(Unreported CSA Opinion by Graeff, J.)

Issues – Criminal Law –Was a recorded communication on a cell phone between Petitioner and an unidentified speaker intercepted in violation of the Md. Wiretap Statute and erroneously admitted at trial when there was no enumerated exception for its admissibility?
Read More…

March 2018 Maryland Certiorari Grants

Yesterday, the Court of Appeals granted six writs of certiorari – all for the September 2018 Term – including Frederick and Carroll Counties’ separate challenges to state regulation of stormwater runoff collection, the impact of technical difficulties in a correctional officer’s termination hearing, and whether a medical prescription is inadmissible hearsay when offered as a defense to the possession of controlled dangerous substances offense. Read More…

Supreme Court Circuit Split Watch – Fourth Circuit’s Decision in Kumar v. Sudan, on Proper Service of Foreign States in the U.S.

By Michael Wein

 

The Fourth Circuit Court of Appeals three weeks ago issued a reported opinion in Kumar et al. v. Sudan, addressing how and where a foreign country may be served under 28 U.S.C. § 1608(a)(3), which allows, in pertinent part, service by mail “requiring a signed receipt[] to be addressed and dispatched by the clerk of the court to the head of the ministry of foreign affairs of the foreign state.” This case traces to the U.S.S. Cole bombing in 2000, when 17 Navy sailors lost their lives in a terrorism act against the servicemen and women docked in Yemen.   While al Qaeda claimed responsibility as the source of the bombing, Sudan’s material support for the terrorist organization, was a focus of civil suits holding the country responsible in the tragedy.   As Sudan similarly did in the face of civil suits filed in the District Court for the District of Columbia, (tracing to the 1998 Embassy Bombings in Tanzania and Kenya also by al Qaeda), Sudan felt that the proper response was apparently to not respond at all.[i] Read More…

February 2018 Maryland Certiorari Grants

The Court of Appeals of Maryland added eight cases to its merits docket today. Expert standards have been a hot topic as of late, and today’s list includes expert issues in both civil and criminal cases. There are some nuts-and-bolts issues, like authentication rules and discovery sanctions. Not surprisingly, in light of a dissent by Judge Berger, the grants include the Kennedy Krieger Institute’s challenge to a negligence claim arising out of a lead paint study.

(We’ve been endeavoring to include links to any relevant Court of Special Appeals opinions, but it will take a little extra time because the “Search Site” feature on the judiciary’s website is still a bit wonky after last month’s launch of the redesigned site.) Read More…

December 2017 Maryland Certiorari Grants

Seasons greetings from the Maryland Appellate Blog! Is there a better gift than news of freshly-granted writs of cert? You be the judge—the Court of Appeals of Maryland granted seven today. Read More…

Maryland’s top court will review order directing investigation of Clinton attorneys

On Friday, the Maryland Court of Appeals posted two more certiorari grants. One is Attorney Grievance Commission v. Clevenger. When the trial court ruled in September, Chase Cook of the Capital Gazette described the ruling under review:

Circuit Court Judge Paul F. Harris Jr. ruled Monday after a short hearing in Annapolis that the Attorney Grievance Commission and Office of Bar Counsel Maryland Office of Bar Counsel must investigate attorneys David E. Kendall, Cheryl D. Mills and Heather Samuelson. All three are licensed to practice in Maryland and could face professional sanctions if the commission determines there are guilty of misconduct.

Ty Clevenger, a Texas attorney who lives in New York, filed the complaint, saying they deleted thousands of emails related to a private email server Clinton used during her time as Secretary of State. He argued they engaged in misconduct by destroying evidence.

In granting review, the Court of Appeals bypassed the Court of Special Appeals. The full list of certiorari grants, including questions presented, appears after the jump. Read More…

November 2017 Maryland Certiorari Grants

The Court of Appeals of Maryland today granted certiorari review in five appeals. The list of grants, including questions presented, appears after the jump. For the two cases where there are Court of Special Appeals opinions, we have provided a link. Read More…

Four more October 2017 Maryland certiorari grants include three juvenile life sentences

The Maryland Court of Appeals has posted four additional certiorari grants following yesterday’s monthly conference. Three of them involve challenges to juvenile life sentences (including a dispute whether a 100-year sentence counts as a life sentence). The full list, including questions presented, appears after the jump. Read More…

October 2017 Maryland Certiorari Grants

The Maryland Court of Appeals has posted six certiorari grants. The list is heavy on procedural questions, such as the “prison mailbox rule” and interlocutory appeals in criminal cases. (Incidentally, Michael Wein posted yesterday about civil interlocutory appeals.) The list of grants, with questions presented, appears after the jump. We’ve added, in brackets, a link to the Court of Special Appeals opinion. Read More…