Archive | Recent Grants RSS for this section

February 2020 Maryland Certiorari Grants

The Maryland Court of Appeals today posted grants in four cases. They are listed below, with questions presented and links to the Court of Special Appeals opinions under review. Read More…

Court of Appeals to Review New Expert-Testimony Requirement for Medical Malpractice Defendants Asserting “Empty Chair” Defense

By: Derek Stikeleather

Although it is well-established Maryland law that a medical negligence plaintiff must support her claim with expert testimony, the Court of Special Appeals recently issued the first Maryland appellate decision to hold that defendants have the same obligation when asserting an “empty chair” defense. Reiss v. Am. Radiology Servs., LLC, 241 Md. App. 316 (2019). The well-established “empty chair” defense asserts that a non-party’s negligence caused the alleged injury.[i] Under Reiss, those asserting the defense now must elicit “expert testimony, to a reasonable degree of medical probability, that the non-party breached the standard of care.”[ii]

Although the rule announced in Reiss is relatively straightforward, the holding’s full implications remain unclear for litigants in medical negligence cases. The Court of Appeals may address these issues on February 6 at oral argument in Reiss. The court can resolve an important unanswered question: Can defendants elicit the testimony from a properly qualified plaintiff’s expert? The Court of Special Appeals’ reasoning in Reiss and existing Maryland law should allow it. Read More…

January 2020 Maryland Certiorari Grants

Today, the Maryland Court of Appeals granted certiorari in one civil case and three criminal cases, including one where the State claims that a criminal defendant entered into a collusive marriage to obstruct justice and tamper with a witness.

Read More…

December 2019 Maryland Certiorari Grants

Happy holidays from the Maryland Appellate Blog! Yesterday, the Court of Appeals granted review in three criminal cases and five civil cases. One of the civil cases, MIA v. State Farm Mutual Auto Insurance Co., centers on uninsured motorist coverage and will be consolidated with a certified question raising the same issue. Read More…

November 2019 Maryland Certiorari Grants

Last week, the Maryland Court of Appeals granted review in three civil cases and two civil cases. Two of the civil cases are on petitions by Baltimore City Solicitor Andre Davis.  The third is from a Court of Special Appeals opinion (criticized in a post by Alan Sternstein) that reversed a $45 million judgment against Harford County.

Read More…

October 2019 Maryland Certiorari Grants, Part 2

The Maryland Court of Appeals granted one additional certiorari petition from its October 17 conference. Read More…

October 2019 Maryland Certiorari Grants

Last week, the Court of Appeals granted certiorari in four cases, including one bypass, to squarely address whether Maryland should adopt the Daubert standard for admitting expert testimony:

 

Jonathan Hemming v. State of Maryland – Case No. 48, September Term, 2019

(Unreported CSA Opinion by Wells, J.)

Issues – Criminal Law – 1) Does a trial court have discretion under Md. Rule 4-253 to bifurcate separate counts between judge and jury in a single trial? 2) Did the trial court mistakenly believe that it had no authority under Rule 4-253 to bifurcate separate counts between judge and jury in a single trial and, as a result, fail to exercise its discretion under the rule? 3) Assuming, arguendo, that the trial court recognized and exercised its discretion, was the court’s refusal to bifurcate the counts charging possession of a regulated firearm by a disqualified person and possession of ammunition by a disqualified person from the remaining counts of the indictment an abuse of discretion under the circumstances of this case?

Read More…

September 2019 Maryland Certiorari Grants, Part 2

The Court of Appeals today granted certiorari in one additional case. Also, on September 17, it docketed a certified question from the District of Maryland. The cases, with questions presented, are below. Read More…

The Court of Appeals Continues Defining the Fourth Amendment Implications of the Odor of Marijuana in a Post-Decriminalization Maryland

By John R. Grimm

In 2014, the General Assembly decriminalized possession of small amounts of  marijuana; rather than being a crime, possessing less than 10 grams of marijuana is now a civil offense punishable by a fine.[1]  Courts have been grappling with the effects of this change ever since.  Most notably, since the possession of marijuana is no longer categorically a crime, courts have had to clarify the rules for whether the odor of marijuana still constitutes probable cause sufficient to justify a search or arrest.  Several recent Court of Appeals decisions define the contours of the Fourth Amendment with respect to the odor of marijuana in a post-decriminalization world, and a recent cert grant seems poised to confirm Fourth Amendment limits on marijuana-related arrests. Read More…

September 2019 Maryland Certiorari Grants

The Maryland Court of Appeals today granted review in four criminal appeals, including two cases regarding writs of actual innocence; and two civil appeals, including a constitutional challenge to Baltimore’s regulation requiring food trucks to operate more than 300 feet from brick-and-mortar restaurants.

The grant list, including the questions presented and links to the opinions below, appears after the jump. Read More…