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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…

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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…

October 2018 Maryland Certiorari Grants (Batch #1)

The Maryland Court of Appeals today granted certiorari in two cases, outside its regular schedule.

D.L. v. Sheppard Pratt, a follow-up to the Court’s involuntary commitment decision in Bell v. Bon Secours, was circulated to the judges back in March and appears to have been held for review pending the Bell decision. This will likely be the last time that the Court of Appeals reviews an opinion by Senior Judge Arrie Davis, who recently stopped hearing cases.

The Court also granted review in Moore v. Fernwood Mobile Home Park, a “tenant holding over” dispute, at the same time it granted the petitioner’s motion to stay execution on the writ of execution.

There should be at least one more batch of grants this month, when the Court rules on the petitions that were distributed to the judges, in the ordinary course, at the Court’s September 27 conference.

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

September 2018 Maryland Certiorari Grants

On Friday, the Court of Appeals granted review in one civil and one criminal case. These grants are in addition to one civil grant on August 30. The grants, with questions presented, are below. Read More…

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…

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…