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April 2019 Maryland Certiorari Grants

On Wednesday, the Maryland Court of Appeals granted certiorari in six cases (four civil and two criminal) and, in a miscellaneous docket proceeding, accepted certified questions from the Court of Special Appeals to resolve three criminal appeals. Those cases, with questions presented, are below. Read More…

March 2019 Maryland Certiorari Grants (Batch 2)

On Friday, the Maryland Court of Appeals granted certiorari in two cases. The Court has assigned both to its docket for next term, which begins September 1. The grants are below, with links to the Court of Special Appeals opinions under review. Read More…

March 2019 Maryland Certiorari Grants

By Diane E. Feuerherd

Here are the writs of certiorari granted by the Court of Appeals today:

State of Maryland v. Philip Daniel Thomas – Case No. 73, September Term, 2018

(Reported CSA Opinion by Raker, J.)

Issue – Criminal Procedure – As a matter of first impression, is a sentence imposed on remand legal if the new sentence imposes the same or fewer years of imprisonment but results in a later parole eligibility date than the original sentence? Read More…

An Extra Maryland Certiorari Grant for February 2019

By Steve Klepper (Twitter: @MDAppeal)

On Friday, the Court of Appeals granted review in one additional appeal, to go with seven grants from earlier this month.

Edinson Herrera Ramirez v. State of Maryland – Case No. 72, September Term, 2018 [Unreported COSA Opinion by Judge Shaw Geter]

Issues – Criminal Procedure – 1) Did CSA err when it held that a structural error did not occur when a biased juror was not stricken from the jury by trial counsel? 2) Did CSA err when it held that even if a structural error occurred Petitioner was not prejudiced? 3) Was Petitioner denied effective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984)? 4) Did CSA err when, as support for its decision, it used the number of prospective jurors in St. Mary’s County when trial in this case was held in Carroll County?

Friday’s orders also included the denial of review in a Special Immigrant Juvenile (SIJ) status case, In re W. E-R., which I covered in a prior post. Read More…

February 2019 Maryland Certiorari Grants

Today’s cert grants will bring a wide variety of issues before the Court of Appeals, including: the method for obtaining appellate review of an incarceration sentence in light of the Justice Reinvestment Act of 2016; the authority of the Workers’ Compensation Commission to revise an incorrectly-calculated award; and whether statutory relocation benefits should be extended to tenants vacating government-owned property.

Read More…

Another Special Immigration Juvenile petition arrives at the Court of Appeals

By Steve Klepper (Twitter: @MDAppeal)

The September 2018 Term could become known as the “SIJ Term” for the Maryland Court of Appeals. “SIJ” stands for Special Immigrant Juvenile status under a federal statute, 8 U.S.C. § 1101(a)(27)(J). As the U.S. Citizenship and Immigration Services website says, “you may qualify for lawful permanent residency (also known as getting a Green Card)” if “you are in the United States and need the protection of a juvenile court because you have been abused, abandoned, or neglected by a parent.”

Although the Court of Appeals has been granting certiorari in fewer cases than usual so far this term, it has given close attention to petitions in SIJ cases. Three of its 62 grants have involved SIJ status. Read More…

January 2019 Maryland Certiorari Grants

By Diane E. Feuerherd

Happy New Year from the Maryland Appellate Blog!

Three new writs of certiorari start off our 2019:

(I) In re Santos Nohe Lopez Perez – Order granting an emergency petition for writ of certiorari and ordering the case be remanded to allow the petitioner to apply for special immigrant status, “with haste” and before his impending 21st birthday later this week (the Daily Record’s Steve Lash gives further coverage of this case, including a quote from Perez’s attorney – the Blog’s own EIC, Steve Klepper);

(II) Ronald F. Moser, et al. v. Kristi Heffington, et al. (COSA Reported Opinion by Judge D. Eyler) – Civil Procedure – 1) Did CSA err when it vacated the trial court’s denial of Respondent’s motion to stay in a case where: A) Respondent initiated the civil action for defamation; B) during the pendency of the civil action, Respondent was criminally indicted for the conduct at issue in the civil suit, yet Respondent had fully participated in all aspects of discovery both prior to and after the indictment, which discovery included her own deposition; and C) on the eve of trial, and four months after the indictment, Respondent filed an 11th hour motion to stay the civil trial on the grounds that she intended to invoke her Fifth Amendment privilege not to testify at the civil trial? 2) Did Respondent waive her Fifth Amendment privilege in the civil action by testifying at her deposition and providing other discovery responses without invoking the privilege, after she was on notice that the police were investigating her for the conduct at issue? 3) Given that Respondent had already answered questions at her deposition concerning the conduct at issue, did Respondent fail to preserve for review the denial of a stay of the civil action where she failed to proffer the questions as to which she intended to invoke her right to silence – which was necessary to determine if she could validly exercise the privilege or had waived it? 4) Did CSA unnecessarily decide a Constitutional question, i.e. whether the trial court had failed to fully consider Respondent’s Fifth Amendment right by not granting a stay of the civil action, after it learned that Respondent had been convicted of the very conduct that formed the basis of the alleged defamation, which rendered moot her defamation claim?

(III) State of Maryland v. John Schlick (COSA Reported Opinion by Judge Raker) – Criminal Law – Does a court lose revisory power over a criminal sentence “after the expiration of five years from the date the sentence originally was imposed,” as Maryland Rule 4-345(e) states, or does the court indefinitely retain “fundamental jurisdiction” to revise a sentence, which it is an abuse of discretion not to consider exercising, as CSA held below?

December 2019 Maryland Certiorari Grants

The Maryland Court of Appeals granted review in six cases yesterday. All were civil cases, addressing toxic torts, taxation, termination of parental rights, and the law governing partnerships and homeowners associations. Below are the six grants, with questions presented and links to the Court of Special Appeals opinions under review. Read More…

November 2018 Maryland Certiorari Grants

Yesterday, the Court of Appeals granted review in five cases: `

Baltimore County, Maryland v. Michael Quinlan – Case No. 50, September Term, 2018

(Unreported COSA Opinion by Judge Leahy)

Issues – Workers’ Compensation – 1) Did the trial court err in denying Petitioner’s motion for summary judgment, given the lack of a clearly defined occupational disease as the basis for the claim and evidence that the conditions were shown to be prevalent in all occupations involving heavy physical labor not uniquely related to the work of a paramedic or EMT as an inherent and inseparable risk? 2) Did CSA err in finding that Respondent met the statutory requirements set forth in LE §9-502(d)(1) and that he had sufficiently established at trial that his condition resulted from an inherent hazard of his employment as a paramedic or EMT? 3) Should this Court review the decision below under the statutory requirements and existing case law, particularly Black and Decker Corporation v. Humbert, 189 Md.App. 171 (2009), which similarly ignores the legislative requirement that a disease is only occupational if it is “due to the nature of an employment in which the hazards of the occupational disease exist” (LE §9-502(d)(1)(i)), to provide clarification and guidance on the requirement for establishing a legally sufficient claim for occupational disease? Read More…

October 2018 Maryland Certiorari Grants (Batch #2)

The Maryland Court of Appeals granted certiorari today in seven cases. The likely headliner is In re S.K., reviewing a 16 year-old’s conviction for distributing child pornography, based on her texting two friends a video depicting herself engaged in lawful and consensual sexual conduct.

The grants, with questions presented, are below. Read More…