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…
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…
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.
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?