The Maryland Court of Appeals granted four writs of certiorari today:
Wesley Cagle v. State of Maryland – Case No. 15, September Term, 2018
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
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
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
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?
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…
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?
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…
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…
On Friday, the Maryland Court of Appeals posted two more certiorari grants. One is Attorney Grievance Commission v. Clevenger. When the trial court ruled in September, Chase Cook of the Capital Gazette described the ruling under review:
Circuit Court Judge Paul F. Harris Jr. ruled Monday after a short hearing in Annapolis that the Attorney Grievance Commission and Office of Bar Counsel Maryland Office of Bar Counsel must investigate attorneys David E. Kendall, Cheryl D. Mills and Heather Samuelson. All three are licensed to practice in Maryland and could face professional sanctions if the commission determines there are guilty of misconduct.
Ty Clevenger, a Texas attorney who lives in New York, filed the complaint, saying they deleted thousands of emails related to a private email server Clinton used during her time as Secretary of State. He argued they engaged in misconduct by destroying evidence.
In granting review, the Court of Appeals bypassed the Court of Special Appeals. The full list of certiorari grants, including questions presented, appears after the jump. Read More…