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June 2017 Maryland Certiorari Grants

The Court of Appeals granted certiorari in six cases yesterday. They’re a grab-bag of criminal law, civil procedure (judicial estoppel), administrative law, and takings law. The six grants, along with two earlier standalone grants we didn’t cover in prior posts, are after the jump. Read More…

May 2017 Maryland Certiorari Grants

This month’s first batch of certiorari grants from the Court of Appeals of Maryland is here. The most interesting cases come from the criminal side, with questions regarding a “missing witness” instruction as to a defendant’s mother, and regarding the use of a “music video/slide show” as a victim impact evidence.

The Court may issue additional certiorari grants following its May 18 conference. The full list of five certiorari grants, with questions presented, appears after the jump. Read More…

March 2017 Maryland Certiorari Grants

The Maryland Court of Appeals posted the “questions presented” in seven March certiorari grants yesterday, though only six of them are now live appeals. One petition, Deon Leroy Williams v. State, was granted on March 3, only to be dismissed on reconsideration on March 24. The first on the list, Burak, may provide some key insights on how the Court of Appeals will apply last year’s de facto parenthood decision in Conover v. Conover. The six live certiorari grants, with questions presented, appear after the jump. Read More…

Eight New February 2017 Maryland Certiorari Grants

By Brandon Moore

On Friday, the Court of Appeals issued eight certiorari grants, covering a wide range of civil and criminal questions. We have two more cell phone Fourth Amendment cases, including one where the police obtained a warrant. The list of cases, with questions presented, appears after the jump.

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Six New Maryland Certiorari Grants, January 9, 2017

The Court of Appeals of Maryland has posted six new certiorari grants. Five are criminal cases. The one civil case involves a Court of Special Appeals opinion, authored by Judge Arthur, with facts that read like a Trusts & Estates exam. On the criminal side, Savage v. State presents interesting questions regarding a defense expert’s neuropsychological examination and DSM-IV diagnosis.

The Court of Appeals is likely to issue any additional grants for this month on a rolling basis between now and January 20 (the day after its January 19 conference).The six grants, with questions presented, appear after the jump. Read More…

Maryland Court of Appeals adds one case to its docket, subtracts another

By Steve Klepper (Twitter: @MDAppeal)

Keeping up regular updates to a blog isn’t easy, but the Maryland Court of Appeals is making things easier for us by issuing certiorari grants on a rolling basis. The Court’s monthly conference was yesterday. After the six grants earlier this month, there was only one cert-worthy case left. Read More…

November 2016 Maryland Certiorari Grants

It looks like the new normal is that the Court of Appeals of Maryland will now issue two batches of certiorari grants each month: one during its argument session at the beginning of the month, and one following its mid-month conference. The Court just posted four certiorari grants. Lewis v. State presents some interesting questions under the Uniform Act to Secure Attendance of Witnesses from Without a State in Criminal Proceedings (Court of Specials opinion here). The full list, including questions presented, appears after the jump.

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October 2016 Maryland Certiorari Grants

By Steve Klepper (Twitter: @MDAppeal)

Six days after granting expedited review of a Baltimore City ballot dispute,  the Court of Appeals issued its regularly scheduled monthly batch of certiorari grants. The five grants include Norman v. State (previously covered by Chris Mincher as part of his COSA Dissent Watch feature), involving pat-downs of passengers when officers smell marijuana during a traffic stop. Continuing the theme of impaired driving, the Court of Appeals accepted two petitions by the MVA in cases where drivers refused intoxication tests. The entire list, including questions presented, appears after the jump. Read More…

Maryland high court grants expedited hearing for Baltimore City Council ballot

By Steve Klepper (Twitter: @MDAppeal)

This past Thursday, which seems like a political lifetime ago, the Court of Appeals of Maryland granted certiorari in the following case:

Linda H. Lamone, et al. v. Ian Schlakman, et al. – Case No. 50, September Term, 2016

Issue – Election Law – Did the trial court err in entering an ex parte temporary restraining order that requires the Appellants to remove the name of a qualified candidate from the ballot in Baltimore City Councilmanic District No. 12 for the 2016 General Election?

The Court of Appeals will hear the argument at a special sitting on October 18.

Green Party nominee Ian Schlakman and independent candidate Frank W. Richardson filed suit against the State Administrator of Elections, seeking to remove Dan Sparco (a self-described “Unaffiliated Democrat”) from the ballot. According to an August article by the Baltimore Sun’s Luke Broadwater, Sparaco “acknowledges he missed the state’s deadline,” but he “gained access to the ballot through his own federal lawsuit, which alleged that Maryland’s February filing deadline was unconstitutionally too early.” Sparaco “agreed to drop his suit once State Board of Elections officials agreed to let him on the ballot if he gathered enough signatures.” Read More…

Another September 2016 Certiorari Grant

Though the usual collection of Court of Appeals certiorari grants came a little earlier than expected this month, the judges’ regularly scheduled monthly conference did result in one more:

State of Maryland v. Douglas Ford Bey II – Case No. 48, September Term, 2016

Issue – Criminal Law – Did CSA err in concluding that Criminal Law § 3-315, which prohibits engaging in a continuing course of conduct with a child, prohibits more than one conviction and sentence per victim, regardless of the duration of the abuse or the type of sexual acts committed?

Bey poses some interesting questions of interpretation that prompted a short concurrence by Judge Friedman in the lower appellate court. (The Court also summarily granted certiorari and remanded to the Court of Special Appeals the case of Antwann Gibson v. State of Maryland – Case No. 48, September Term, 2016.)