Questions Remain About Self-Defense Jury Questions
There are very few dissents in the Appellate Court of Maryland: By my slapdash and amateurish count — which will have some built-in double-counting and so isn’t precisely accurate — out of 899 opinions of the court in 2023, there were only 7 dissents, meaning the panels disagree roughly 0.8 percent of the time. When one issue resurfaces in dissents twice within the same year, it’s worth taking note.
Byrd v. State, No. 1787, Sept. Term 2021 (App. Ct. Md. Jan. 23, 2023), last January contained some conflicting ink in regards to the “some evidence” standard to get a jury instruction relating to “imperfect self-defense,” an issue that was also in play recently in Hollins v. State, No. 2023, Sept. Term 2022 (App. Ct. Md. Dec. 14, 2023), albeit in regards to the alleged violent propensity of a witness. The case stems from a parking-lot fight between McDonald’s coworkers Isiah Hollins and Alexander Alvarenga that resulted in Mr. Hollins stabbing Mr. Alvarenga in the head six or seven times.
Read More…December 2023 Maryland Certiorari Grant
On December 18th, the Supreme Court of Maryland granted review in one civil appeal and also added an election law direct appeal to its February argument calendar. The certiorari grant and information related to the election appeal is below.
Read More…November 2023 Maryland Certiorari Grants (part 2)
On November 29th, the Supreme Court of Maryland granted review in two additional cases, one criminal appeal and one civil appeal on bypass from the circuit court.
The two certiorari grants, with a link to the Appellate Court decision under review, are below.
Read More…Maryland Certiorari Statistics, 2021 and 2022 Terms
For several years, I’ve tracked the Supreme Court of Maryland’s petition docket. The judiciary’s annual statistical reports give the overall grant rate for civil and criminal certiorari petitions. Because unrepresented (pro se) parties file the majority of petitions each year, however, the overall statistics are not terribly helpful for lawyers in advising their clients regarding the odds of certiorari.
Below are the statistics for the Court’s 2021 Term (petitions docketed 3/1/2021 to 2/28/2022) and 2022 Term (3/1/2022 to 2/28/2023),[*] alongside the statistics for the 2020 Term (petitions filed 3/1/2020 to 2/28/2021) for comparison.
Read More…November 2023 Maryland Certiorari Grants (and a Notable Denial)
On Friday, the Supreme Court of Maryland granted review in two cases, both criminal appeals, on petitions filed by the Office of the Public Defender.
More noteworthy, however, the Supreme Court of Maryland today denied the State’s petition for “bypass” review of the Washington County Circuit Court’s order preliminarily enjoining the statutory ban on unlicensed shops selling hemp products with THC above certain levels.
Read More…October 2023 Maryland Certiorari Grants
On October 23, 2023, the Supreme Court of Maryland granted certiorari in three criminal cases. The certiorari grants, with links to the Appellate Court of Maryland opinions under review, are below.
Read More…September 2023 Maryland Certiorari Grants
On September 22, 2023, the Supreme Court of Maryland granted a number of Petitions involving issues related to criminal procedure, contract interpretation, choice of law, and statutory interpretation. The issues presented are as follows:
Read More…July 2023 Maryland Certiorari Grants
On Wednesday, the Supreme Court of Maryland granted certiorari in one case, which asks the Court to reconsider its decision in Stewart v. State, 399 Md. 146 (2007), in light of recent case law concerning voir dire.
The question presented is below.
Read More…March 2023 Maryland Certiorari Grants (Part 3)
On Friday, the Supreme Court of Maryland granted certiorari in one case, which presents novel questions under the Juvenile Justice Reform Act of 2022. It is scheduled to be argued in September.
Read More…March 2023 Maryland Certiorari Grants & Certified Questions
On March 2, 2023, the Supreme Court of Maryland granted review in four cases (three criminal appeals and one civil appeal), along with two certified questions. The Supreme Court granted review in an additional civil appeal on March 6, 2023. Those cases, with questions presented, are below.
Read More…
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