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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)

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

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

By Derek Stikeleather

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.

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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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MSBA Supreme Court panel will be online on July 27

By Steve Klepper (Twitter: @MDAppeal)

A highlight of the year for the MSBA Appellate Practice Committee is the annual Supreme Court Term in Review panel in Ocean City. Although COVID canceled this year’s MSBA Legal Summit, I’m pleased to report that the panel will be moving online. The registration link is here.

We have a terrific all-#AppellateTwitter lineup, with Jaime Santos (@Jaime_ASantos), partner with Goodwin’s Appellate Litigation practice, and co-host of the Strict Scrutiny podcast (@StrictScrutiny_); Lindsay Harrison (@LinzCHarrison), partner with Jenner & Block’s Appellate & Supreme Court group; and Amir Ali (@theamirali), Deputy Director of the Supreme Court and Appellate Program at the MacArthur Justice Center, and director of the Criminal Justice Appellate Clinic at Harvard Law School.

The event will be Monday, July 27, at 10:00 a.m. CLE credit is available, and the event is $29 for MSBA members and $59 for non-MSBA members

 

Join Us for the Annual SCOTUS Panel in Ocean City

By Steve Klepper (Twitter: @MDAppeal)

On Friday, I’ll have the pleasure of moderating the annual Supreme Court Term in Review panel at the MSBA Annual Meeting. The program is sponsored by the MSBA Section of Litigation and its Appellate Practice Committee.

Our all-#AppellateTwitter panelists this year are: Read More…

A Necessary and Proper Post on the 200th Anniversary of McCulloch v. Maryland and the Upcoming Maryland Bicentennial Symposium

By Diane E. Feuerherd

On March 6, 1819, exactly 200 years ago today, Chief Justice John Marshall issued his landmark McCulloch v. Maryland opinion, on behalf of a unanimous Supreme Court. On its face, McCulloch confirmed the federal power to create a national bank free from state taxation. But more enduring than the national bank’s charter (which expired by 1836) is the holding in favor of Congress’s implied powers, under the “Necessary and Proper” clause of the Constitution’s Article I, Section 8. Today, law students and elite legal minds alike continue to study the case and its lasting impact on our government framework and constitutional jurisprudence. Read More…

Upcoming Events: Appellate Practice in Maryland

From our inbox.


Join the MSBA Continuing Legal Education Department for a new presentation of Appellate Practice in Maryland, on Tuesday, March 5, 2019 at the University of Baltimore’s John and Frances Angelos Law Center in Baltimore, MD and on Wednesday, March 13, 2019 at the Universities at Shady Grove Conference Center in Rockville, MD.

If fish could talk, who would ask an Angler how to catch a fish? These judges can talk. Let’s ask them how to win on appeal.

Questions and Answers on Effective Appellate Practice with The Honorable Daniel A. Friedman and The Honorable Sally D. Adkins (Baltimore location) and The Honorable Daniel A. Friedman and The Honorable Irma Raker (Rockville location).

Leading the event will be Emily Malarkey, Esq., Steven M. Klepper, Esq. and Paul Mark Sandler, Esq. Members and guests will be invited to pose questions of their own.

Registrants will have the chance to buy Appellate Practice for the Maryland Lawyer: State and Federal, Fifth Edition at 10% off its regular sale price.

Two hours of credit with the surrounding MCLE states will be offered. If you cannot join us in Baltimore, the Rockville program will be webcast live concurrently and available online on-demand a week after the program.

For more information and to register for the program follow this links:

ROCKVILLE LOCATION: http://bit.ly/AppellateRockville19

BALTIMORE LOCATION: http://bit.ly/AppellateBaltimore19