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August 2018 Maryland Certiorari Grants

By Steve Klepper (Twitter: @MDAppeal)

On Friday, the Court of Appeals of Maryland granted certiorari in three criminal cases and one civil case. All three criminal grants were on petitions by the State.

One that jumps out is In re G.R., where the State challenges an unreported Court of Special Appeals opinion that struck $65 from a restitution award in a juvenile case. Read More…

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July 2018 Maryland Certiorari Grants Include State v. Adnan Syed

The Court of Appeals today posted six certiorari grants, including in the high-profile State v. Adnan Syed appeal. The grants, with questions presented and links to the Court of Special Appeals decisions under review, follow the jump. Read More…

June 2018 Maryland Certiorari Grants

On Friday, the Maryland Court of Appeals granted certiorari in three criminal cases and two civil cases. The grants are below. Read More…

An Additional Certiorari Grant on Marijuana Odor

On Friday, the Court of Appeals of Maryland added one case to its docket for next term. Read More…

May 2018 Maryland Certiorari Grants

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

 

Wesley Cagle v. State of Maryland  – Case No. 15, September Term, 2018

(Reported CSA Opinion by Shaw Geter, J.)

Issue – Criminal Procedure – Does a trial court err in precluding a criminal defendant from using trial testimony video in closing argument?

 

Karen McDonell v. Harford County Housing Agency  – Case No. 16, September Term, 2018

(Unreported CSA Opinion by Shaw Geter, J.)

Issues – Administrative Law – 1) Did Respondent err in terminating a voucher without affording procedural due process guaranteed under federal and MD administrative common law? 2) Does a MD charge of second degree assault constitute “violent criminal activity” and grounds for voucher termination? 3) Did Respondent err in interpreting its policy to require notice within two weeks of an unplanned and unforeseen absence from the housing rented with the voucher? 4) Is breach of a financial obligation that had been cured adequate grounds for voucher termination? 5) Did Respondent err in failing to explicitly consider all relevant facts before voucher termination?

 

State of Maryland v. Brandon Payton – Case No. 14, September Term, 2018

(Reported CSA Opinion by Beachley, J.)

Issues – Criminal Law – 1) Where Respondent made specific objections to reopening the State’s case for more fingerprint-expert testimony only on the grounds that the additional fingerprint testimony would be the last thing that the jury would hear and that it would be presented in isolation, were defense counsel’s claims that reopening would be “unfair” and “extremely prejudicial”  or the trial court’s statement that the reopening could “very well … be grounds for appeal” sufficient to preserve a judicial-partiality claim? 2) Did CSA err in concluding that the trial court abused its discretion in reopening the State’s case sua sponte? 3) Where the reopening of the State’s case was based on the trial court’s incorrect assumption that there had been no testimony linking Respondent to the handprint, was any error harmless beyond a reasonable doubt because the testimony was cumulative of the testimony of three prior witnesses linking Respondent to the handprint?

 

Craig Williams v. State of Maryland – Case No. 13, September Term, 2018

(Unreported CSA Opinion by Beachley, J.)

Issue – Criminal Procedure – Did the trial court abuse its discretion in denying a motion for new trial where the court gave a pattern jury instruction and, after the jury rendered its verdict, the court, prosecution, and defense all acknowledged that the instruction erroneously omitted an element of the offense for which the defendant was convicted?

Court of Appeals to review injunction removing Oaks from primary ballot

The Court of Appeals today granted a petition for certiorari by the administrator of the State Board of Elections, who is challenging yesterday’s injunction requiring that former state senator Nathaniel Oaks’ name be removed from the June primary ballot. Heather Coburn has been covering the case at The Daily Record. The Court of Appeals has scheduled argument this coming Wednesday, May 2. Read More…

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…

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…