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June 2019 Maryland Certiorari Grants

On Friday, June 7th, the Court of Appeals granted the following writs of certiorari:

Credible Behavioral Health, Inc. v. Emmanuel Johnson – Case No. 19, September Term, 2019

(District Court Appeal, from the Circuit Court for Montgomery County)

Issues – Courts & Judicial Proceedings – 1) Did the trial court erroneously apply Md. Rule 7-113(f) when it reviewed the district court’s construction of a contract’s terms for clear error rather than de novo? 2) Did the plain terms of the parties’ promissory note (“Note”) entitle Petitioner to a judgment against the Respondent? 3) In interpreting the Note, did Maryland law require the trial court to choose the one among two possible readings of the Note that was consistent with the parties’ intent?

Read More…

May 2019 Maryland Certiorari Grants

The Court of Appeals today issued its first certiorari grants since Judge Brynja Booth took the bench last month. There were a total of five grants. They include a sequel to Comptroller v. Wynne, where in 2015 the Supreme Court, affirmed a Court of Appeals decision striking down portions of the state tax code as violating the “dormant” commerce clause. The cases are below, with the questions presented and links to the Court of Special Appeals opinions under review. Read More…

April 2019 Maryland Certiorari Grants, Batch #2

Yesterday, the Maryland Court of Appeals granted two petitions in criminal cases that it will hear in the fall. (Update: After the Court of Appeals granted certiorari in State v. Santos, the State voluntarily dismissed its appeal.)

 

Dana T. Johnson, Jr. v. State of Maryland – Case No. 9, September Term, 2019 (Reported COSA Opinion by Judge Nazarian)

Issues – Criminal Law – 1) Section 5-612 of the Criminal Law Article, which prohibits possession of certain quantities of controlled dangerous substances, provides that “[a] person who is convicted of a violation of subsection (a) of this section shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000.” What is the maximum allowable period of incarceration for a violation of this law? 2) Did the circuit court impose an illegal sentence of fourteen years of incarceration for a violation of section 5-612 of the Criminal Law Article?

State of Maryland v. Bryan Santos – Case No. 10, September Term, 2019 (Unreported COSA Opinion by Judge Raker)

Issue – Courts & Judicial Proceedings – Did the trial court properly admit testimony by Respondent’s wife about statements he made to her and a statement by Respondent admitting some of the things he did with the victims?

April 2019 Maryland Certiorari Grants

On Wednesday, the Maryland Court of Appeals granted certiorari in six cases (four civil and two criminal) and, in a miscellaneous docket proceeding, accepted certified questions from the Court of Special Appeals to resolve three criminal appeals. Those cases, with questions presented, are below. Read More…

March 2019 Maryland Certiorari Grants (Batch 2)

On Friday, the Maryland Court of Appeals granted certiorari in two cases. The Court has assigned both to its docket for next term, which begins September 1. The grants are below, with links to the Court of Special Appeals opinions under review. Read More…

March 2019 Maryland Certiorari Grants

By Diane E. Feuerherd

Here are the writs of certiorari granted by the Court of Appeals today:

State of Maryland v. Philip Daniel Thomas – Case No. 73, September Term, 2018

(Reported CSA Opinion by Raker, J.)

Issue – Criminal Procedure – As a matter of first impression, is a sentence imposed on remand legal if the new sentence imposes the same or fewer years of imprisonment but results in a later parole eligibility date than the original sentence? Read More…

An Extra Maryland Certiorari Grant for February 2019

By Steve Klepper (Twitter: @MDAppeal)

On Friday, the Court of Appeals granted review in one additional appeal, to go with seven grants from earlier this month.

Edinson Herrera Ramirez v. State of Maryland – Case No. 72, September Term, 2018 [Unreported COSA Opinion by Judge Shaw Geter]

Issues – Criminal Procedure – 1) Did CSA err when it held that a structural error did not occur when a biased juror was not stricken from the jury by trial counsel? 2) Did CSA err when it held that even if a structural error occurred Petitioner was not prejudiced? 3) Was Petitioner denied effective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984)? 4) Did CSA err when, as support for its decision, it used the number of prospective jurors in St. Mary’s County when trial in this case was held in Carroll County?

Friday’s orders also included the denial of review in a Special Immigrant Juvenile (SIJ) status case, In re W. E-R., which I covered in a prior post. Read More…

December 2019 Maryland Certiorari Grants

The Maryland Court of Appeals granted review in six cases yesterday. All were civil cases, addressing toxic torts, taxation, termination of parental rights, and the law governing partnerships and homeowners associations. Below are the six grants, with questions presented and links to the Court of Special Appeals opinions under review. Read More…

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…

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…