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.
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
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.
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…
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.
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.
Maryland Appellate Blog 