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September 2017 Maryland Certiorari Grants

The merits docket for September Term 2017 is filling up fast, with 12 new grants posted yesterday on the Maryland Court of Appeals website. We’re now up to 47 merits cases, meaning that the merits dockets is probably about half full. The cases involve a drug-sniffing dog, a woman who needed to visit the rest room before submitting to a breathalyzer test, a challenge to the authentication of business records, a wrongful death claim against a pyschiatrist who discharged a patient from involuntary commitment, a statute-of-repose defense against an asbestos claim, and many more. The full list appears after the jump. Read More…

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August 2017 Maryland Certiorari Grants

The Court of Appeals posted a batch of August 28 certiorari grants, but we were waiting for the questions presented to appear on the Court’s site before we did a post. They’re up, and they’re interesting. Question 1 in Seaborne-Worsely, for example, involves a bar-exam-type hypothetical on the operation of Maryland’s contributory negligence rule; it looks like the Court of Appeals took the case on bypass review. State v. Brookman (COSA opinion here) features a variety of appellate procedure questions arising out of Drug Court proceedings. Rodriguez v. Cooper (COSA opinion here) is on its second trip to the Court of Appeals, which in 2015 reinstated a jury finding of gross negligence against a corrections officer in charge of prison transport bus during one inmate’s murder of another. This time, the question is whether the cap on noneconomic damages applies.

The complete list of grants appears after the jump. Read More…

Supreme Court requests response to State’s petition on marijuana odor

This March, the Court of Appeals of Maryland held in Norman v. State that an “odor of marijuana alone emanating from a vehicle with multiple occupants does not give rise to reasonable articulable suspicion that the vehicle’s occupants are armed and dangerous and subject to frisk.”

The State of Maryland petitioned for certiorari to the Supreme Court of the United States, posing the following question: Read More…

July 2017 Maryland Certiorari Grants

The Clerk’s office at the Court of Appeals has been busy since the Court’s July 27 special sitting and conference. The Court issued seven opinions and a per curiam order (opinion to come) on Friday. Then, after issuing two more decisions for good measure on Monday, the Court posted five new certiorari grants.

Before we get to the grants, though, let’s take a moment to appreciate the efficiency of the Court and its Clerk’s office. As of Monday, the Court has decided every case argued from September 2016 through February 2017. The oldest outstanding cases were argued March 3. Only 16 opinions are left heading into August.

The new grants appear, with questions presented, after the jump.  Read More…

June 2017 Maryland Certiorari Grants

The Court of Appeals granted certiorari in six cases yesterday. They’re a grab-bag of criminal law, civil procedure (judicial estoppel), administrative law, and takings law. The six grants, along with two earlier standalone grants we didn’t cover in prior posts, are after the jump. Read More…

May 2017 Maryland Certiorari Grants

This month’s first batch of certiorari grants from the Court of Appeals of Maryland is here. The most interesting cases come from the criminal side, with questions regarding a “missing witness” instruction as to a defendant’s mother, and regarding the use of a “music video/slide show” as a victim impact evidence.

The Court may issue additional certiorari grants following its May 18 conference. The full list of five certiorari grants, with questions presented, appears after the jump. Read More…

April 2017 Maryland Certiorari Grants: Charter Schools and GPS Evidence

The Maryland Court of Appeals has posted its first batch of April 2017 certiorari grants, and next term is already looking interesting. The four grants include Baltimore charter schools’ appeal of an order staying their challenge to the city school board’s proposed funding formula. The Court of Appeals is also set to address the necessity of expert testimony to introduce a cell phone’s GPS location record. The cases are likely to be argued in September. The full list appears after the jump.

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March 2017 Maryland Certiorari Grants

The Maryland Court of Appeals posted the “questions presented” in seven March certiorari grants yesterday, though only six of them are now live appeals. One petition, Deon Leroy Williams v. State, was granted on March 3, only to be dismissed on reconsideration on March 24. The first on the list, Burak, may provide some key insights on how the Court of Appeals will apply last year’s de facto parenthood decision in Conover v. Conover. The six live certiorari grants, with questions presented, appear after the jump. Read More…

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.

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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…