Event: Maryland Supreme Court Term in Review
Join the MSBA Litigation Section for a discussion of significant decisions by Maryland’s appellate courts during the recently completed 2024 term by leading criminal and civil appellate attorneys. Register here by 1/20/2026. (Co-hosted by Bar Association of Montgomery County.)
Schedule:
6-6:30 pm Networking/Reception
6:30-8pm Panel Discussion
Location: The Robert C. Murphy Courts of Appeal Building 361 Rowe Boulevard Annapolis 21401
Cost: Law Students: $20 | MSBA Members: $45 | Non-MSBA Members: $55
Speakers (cases subject to change)
Stephanie Asplundh, Assistant Public Defender, Maryland Office of the Public Defender Appellate Division – Coyle v. State, No. 21, Sept. Term 2024 (Md. May 21, 2025); Davis v. State, Misc. No. 21, Sept. Term 2024 (Md. May 21, 2025)
Menelik Coates, Deputy Solicitor General, Maryland Attorney General’s Office, Criminal Appeals Division – Trimble v. State, No. 28, Sept. Term 2024 (Md. July 17, 2025)
Philip Donoho, Assistant Attorney General, Maryland Attorney General’s Office, Criminal Appeals Division – Fooks v. State, No. 22, Sept. Term 2024 (Md. May 30, 2025)
Derek Stikeleather, Partner, Goodell DeVries – Jabbi v. Adventist Healthcare, 264 Md.App. 659 (2025)
Anthony J. May, Nusinov Smith LLP – Coates v. Charles Cnty. Bd. of Comm’rs, No. 1623, Sept. Term 2023 (Md. App. June 30, 2025)
Jamar R. Brown, Partner, Rosenberg Martin – Nathanson v. Tortoise Cap. Advisors, LLC, No. 370, Sept. Term 2024 (Md. App. Aug. 28, 2025)
Event: A Discussion About Daubert
On Monday, April 28, at 5:00, the University of Baltimore Law Forum will host a panel discussion, sponsored by Kramon & Graham, P.A., Goodell DeVries, and Brown Goldstein & Levy, about the Daubert standard in Maryland.
Panelists include Derek Stikeleather, who has written prolifically on the topic; Amy Askew; Andy Levy; Steve Mercer; and Jamar Brown. Steve Klepper will moderate, with a brief presentation on his upcoming article, Appellate Review of Daubert Rulings.
A reception will follow. The link for free registration is here.
MSBA to Hold Networking Event and Panel Discussion on Impact Decisions of Maryland’s Appellate Courts
On Wednesday, April 3, 2024, the Litigation Section Appellate Practice Committee of the Maryland State Bar Association will host a networking event, followed by a panel discussion on several impact decisions of the 2023 term. Panelists will include civil and criminal appellate practitioners.
The event will be held at the Robert C. Murphy Courts of Appeal building in Annapolis and begins at 5:30 p.m. Panelists include:
- The Honorable J. Bradford McCullough,
Circuit Court for Montgomery County - Douglas Nivens, II, Esq.
Office of the Public Defender, Appellate Division - Rachel Marblestone-Kamins, Esq.
Office of the Public Defender, Appellate Division - Jer Welter, Esq.
Chief Criminal Appeals Division, Maryland Office of the Attorney General
For more information and to register, visit the MSBA website.
SCM to Posthumously Admit Lawyer Excluded Because of Race
Except to occasionally cheer on a relative or law clerk crossing the threshold into lawyerdom, there’s usually not much reason to pay attention to the bar-admission special sessions at the Maryland Supreme Court — but don’t ignore a unique and important one coming up Thursday, October 26, 2023, at 3 p.m. That’s when the high court will consider the posthumous admission of Edward Garrison Draper, who is the earliest known individual found qualified to join the Maryland bar but rejected because of his race.
The session is the culmination of an effort to recognize Mr. Draper’s accomplishments and the historical injustice of his exclusion from Maryland’s legal profession. That was prompted by a compelling and informative University of Baltimore Law Forum article last year by Justice John G. Browning, formerly of the state Fifth District Court of Appeals in Texas.
In response, the Supreme Court invited Justice Browning, along with attorney Dominique A. Flowers and University of Baltimore law professor José F. Anderson, to submit a petition requesting Mr. Draper’s posthumous admission to the bar. I’ll briefly summarize the account of Mr. Draper as taken from Justice Browning’s article and the application for admission:
Read More…For Murphy’s Memorial, His Five Most-Cited Court of Appeals Cases
Tomorrow, the Supreme Court of Maryland will hold a special session to host a memorial service for one of its former members, the Hon. Joseph F. Murphy, Jr., who died in July of last year. There will be speeches by Erin Murphy and Richard Karceski, followed by a response by Justice Eaves — but no number of presenters can adequately convey just how many lives and careers Judge Murphy helped shape in the state’s legal profession. (I among them: Judge Murphy helped recruit me to my first job practicing law as an associate at Silverman Thompson Slutkin White, and he was always available to impart his wisdom on whatever tricky legal and appellate questions I encountered.) His widespread influence will long be felt.
Judge Murphy’s opinions endure across Maryland jurisprudence. In conjunction with today’s event, here are Judge Murphy’s five most-cited Court of Appeals cases — at least, according to an informal survey on LexisNexis — a brief sample of his expertise on evidence, adherence to procedure, and versatility in advancing the law in numerous practice areas.
Read More…Appellate Practice Seminar in St. Mary’s County
The St. Mary’s County Bar Association will be holding an appellate practice seminar on August 5.
Date: Friday, August 5, 2022, 10 a.m. to 12:30 p.m.
Location: St. Mary’s County Courthouse, 41605 Courthouse Drive, Leonardtown, MD 20650
Panelists:
Judge Jonathan Biran, Court of Appeals
Chief Judge E. Gregory Wells, Court of Special Appeals
Judge Kevin Arthur, Court of Special Appeals
Senior Judge James Kenney, Court of Special Appeals
Diane Feuerherd, Miller, Miller & Canby
Steve Klepper, Kramon & Graham
Longtime readers will note that the event is heavy on Maryland Appellate Blog editors and alumni. Beyond Diane (blog manager) and Steve (editor-in-chief), Judges Biran and Arthur were both with the blog before joining the bench.
To RSVP for the event, email smc.bar.association@gmail.com.
Ocean City Panels on SCOTUS and Election Law
By Steve Klepper (Twitter: @MDAppeal)
If you’re attending the MSBA Annual Summit this week in Ocean City, we hope you’ll stop by two panels sponsored or co-sponsored by the MSBA Section of Litigation’s Appellate Practice Committee
Thursday, June 2, at 11:30 a.m.
Redistricting 2022: Latest Developments on Election Litigation and Legislation
(co-sponsored with the Administrative Law Section)
- Hon. Lynne Battaglia (Senior Judge of the Court of Appeals) who, sitting by designation on the Anne Arundel County Circuit Court, authored the opinion in Szeliga v. Lamone.
- Prof. Kimberly Wehle (University of Baltimore School of Law), known nationally for her commentary on election law and other major legal issues.
- Timothy F. Maloney (Joseph, Greenwald & Laake), who argued for the successful challengers to Prince George’s County’s redistricting map in Prince George’s County v. Robert E. Thurston.
Special thanks go out to John Grimm, who was instrumental in putting the program together, and to Judge Andrea Leahy, who had been scheduled to moderate but had to drop out. (I’ll be pinch hitting for her.)
Friday, June 3, at 9:45 a.m.
Supreme Court Term in Review
- Mark Joseph Stern (Twitter @mjs_DC), a senior writer with Slate, and a leading Supreme Court commentator
- Jaime Santos (Twitter @Jaime_ASantos), a partner in Goodwin’s Supreme Court and Appellate Litigation practice, and a former co-host of the Strict Scrutiny podcast
In case you hadn’t noticed, the Supreme Court has been in the news more than usual, and Mark and Jaime will be discussing the big cases and trends. I’ll have the pleasure of moderating what should be a lively panel, to say the least.
MSBA Panel Reviews Recent Notable Maryland Appellate Decisions
On April 13, the MSBA’s Appellate Section hosted its annual program on recent notable Maryland appellate decisions. I was pleased to moderate (via Zoom) three panelists: Judge Gary Bair (retired), Carrie Williams of the OAG’s Criminal Appeals Division, and Kamil Ismail. The panel discussed six recent decisions:
Leidig v. State, 475 Md. 181 (2021): The Leidig opinion held that Article 21 of the Maryland constitution provides even broader protection than the Confrontation Clause of the Sixth Amendment. It held that a criminal defendant whose DNA was taken from blood spilled at a crime scene had the right to confront the author of the DNA report that identified him. Applying the fractured opinions from the Supreme Court’s 2012 Williams v. Illinois decision, Judge Biran and Judge Watts discussed conflicting styles of Confrontation Clause analysis including DNA analysis that was “nonaccusatory” and analysis marked by “formality and solemnity.” Noting the strong influence of retired Judge Eldridge in Maryland’s Sixth Amendment jurisprudence as well as the recent arrival of four new judges on the Court of Appeals, Judge Bair explained that Article 21 renders a DNA report “testimonial” if the report’s author would reasonably understand that the report’s primary purpose would be to establish facts potentially relevant to future prosecutions.
Read More…Recap of September 14 Appellate Practice Event
By Lauri Cleary
Guest Contributor
On September 14, the Prince George’s County Bar Association and MSBA Appellate Practice Committee hosted, and Appellate Committee member Michael Wein moderated, a program that featured tips and strategies from accomplished appellate jurists and practitioners.
Read More…Virtual Event: Appellate Practice, Sept. 14
Michael Wein, a founding member of the blog, has organized a terrific virtual event for Monday, September 14, from 5:30 to 6:45. Please click here to register.
Description
The Litigation Section and its Appellate Practice Committee is co-sponsoring with the Prince George’s County Bar Association a virtual Appellate Practice program. This program will include a discussion of new appellate rules, final judgements for appeals, issue recognition and drafting questions presented.
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Maryland Appellate Blog 