The AI Apocalypse has Likely Already Hit Maryland’s Appellate Courts—What Mischief Can Be Expected, And What if Any Rules Should Apply?
Claude Monet, was considered the Father of the Impressionist movement, beginning in the latter half of the 1800s.[i] Impressionism went against “classic” principles of painting in many renaissance and baroque style works, usually by painters with academy training. Artists of the caliber of Michelangelo or Peter Paul Rubens, would begin art projects, taking years if necessary to painstakingly captured them with full details. Impressionism was on some level, the opposite. The best impressionists like Monet, could do a painting quickly onto a canvas, and without the level of detail that, at least through the end of the 19th Century, was necessary to be considered a masterpiece.
Well, good or bad, (mostly bad), impressionism, to use a metaphor, has come to appellate litigation, in the form of “Generative” AI. And with that sea-change on the horizon, at least without time-sensitive concerns of specific applicable Rules, Maryland appellate courts should expect a rapid increase in the number of appeals, potentially rising to a level reminiscent of the increase in appeals from the 1960s, and overall decrease in quality of appellate briefing. (It was this increase on expanded application of Federal Constitutional rights, that lead to the intermediate appellate courts in the United States, including the Appellate Court of Maryland being formed, to address the upsurge in criminal and post-conviction appeals.)
Read More…Judge Killough is Governor Moore’s First Appointee to Supreme Court of Maryland
Governor Wes Moore is appointing Prince George’s County Circuit Court Judge Peter K. Killough to the Supreme Court of Maryland to fill the vacancy created by the retirement of Justice Michele Hotten. Judge Killough is the first appointee since the Court’s 2022 name change, and therefore will be the first to hold the title “Justice” from day one of his service on the Court.
Read More…MSBA Annual Summit Programs Featuring Appellate Practice and Impact Decisions
The Maryland State Bar Association’s Annual Legal Summit is just two weeks away. Here are several programs from the Event Agenda that will feature appellate practice or recent impact decisions:
Read More…The History of Family Relations on the Maryland Appellate Courts
On February 8, 2024, Governor Wes Moore appointed the Honorable Stephen Kehoe to fill the vacancy that his older brother, the Honorable Christopher Kehoe, created when he took senior status in August of last year. This judicial family affair led me to wonder whether there were other familial relationships amongst the judges on the appellate courts.
After Google and Wikipedia proved only marginally helpful, I decided to consult the real expert of Maryland judicial history—Chief Justice Joseph M. Getty. Unlike the supposed all-knowing internet, Chief Justice Getty did not disappoint. He offered three examples of blood relatives that have served on the Court as well as two additional pairs of judges who were related by marriage. Those judges are discussed below, with my thanks to Chief Justice Getty for his kind assistance.
Read More…Robert Badinter: Homage to a Visionary Advocate Across the Atlantic
Robert Badinter, a French lawyer, politician, and author, widely known across the Atlantic for his powerful advocacy and activism against the death penalty, died last week in France. Here in the United States, his death has largely gone unnoticed outside of the capital defense community. Still, there are few, if any, in France who do not recognize his name and mourn the loss of his voice. As the homages have poured in over the last several days, I wanted to share my thoughts as a French native and attorney about the legacy of a man whose accomplishments in the fields of human rights and civil liberties demonstrate the full potential of the art of advocacy.
Read More…Case Update: Muldrow v. State.
On December 6, 2023, the Appellate Court of Maryland held that a trial court: 1) must voir dire the jury regarding bias against sexual orientation where it is likely to be an issue in the case; and 2) that a trial court must consider whether expert testimony is admissible under Daubert even where the testimony involves a “widely accepted” methodology. See Albert M. Muldrow, Jr. v. Maryland, _____ Md. App. ____, No. 1898, Sept. Term, 2021 (filed Dec. 6, 2023) (Getty, J.).
Read More…Meet the Applicants for the Appellate Court (First Appellate Judicial Circuit)
Seven applicants have applied for the Appellate Court vacancy that will be created by the retirement of Judge Christopher B. Kehoe. The First Appellate Judicial Circuit includes Caroline, Cecil, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico and Worcester Counties.
The applicants are:
Read More…Recent Changes at Maryland’s Federal Courts
The Court of Appeals for the Fourth Circuit and the U.S. District Court for the District of Maryland recently announced changes in leadership. By federal statute, selection of the chief judge of the circuit and district courts is based on seniority and age. In each court, the most senior active judge under the age of 65 years may serve as chief judge for a period of seven years.[1]
Read More…Special Appellate Panel: Fonts
By Chris Mincher, John Grimm, and Joe Dudek
Three weeks ago, the Maryland Supreme Court dropped a brief-writing bombshell by announcing that, for the first time in 26 years, it is revising the list of approved fonts. The change was prompted by this letter from Joe Dudek, but also follows multiple instances of font commentary here on the Maryland Appellate Blog: Chris Mincher took a walk through the Court’s typography requirements, including fonts, way back in 2014, and former Blog editor John Grimm offered his take on the Court’s font choices more recently in 2020.
To mark this milestone, we’ve invited Joe (specially assigned) and John (recalled) to join Chris for a special edition of our “Appellate Panel” digital roundtable discussions.
Read More…August 2023 Maryland Certiorari Grants
On August 11, 2023, the Supreme Court of Maryland granted a number of Petitions involving issues related to constitutional law, public safety, and public utilities. The issues presented are as follows:
Corey Cunningham, on behalf of Kodi Gaines, a minor v. Baltimore County, Maryland, et al. – Case No. 9, September Term, 2023
Issues – Constitutional Law – 1) Did ACM err in holding that the law enforcement officer was entitled to qualified immunity with respect to petitioner’s innocent bystander’s substantive due process claim? 2) Does a party waive appellate rights in a second appeal following remand on an issue the trial court did not address in the proceedings prior to the first appeal?
In the Matter of Mark McCloy – Case No. 10, September Term, 2023
Issues – Public Safety – 1) Did ACM err in affirming the Maryland State Police’s (“MSP”) denial of petitioner’s application to purchase a regulated firearm? 2) Did ACM err in finding that the relevant Md. statute to be considered for equivalence is the statue in effect at the time of the application, not the statute in effect at the time of the out-of-state conviction? 3) Did ACM err in adopting a “substantial evidence” test that fails to provide clear criteria for determining the equivalence of out-of-state offenses and affords unreasonable deference to the agency’s changing statutory interpretations? 4) Did ACM err in finding that a “reasonable mind” could accept the MSP’s conclusion, given that MSP’s conclusion has abruptly and inexplicably changed absent any changes to the relevant facts or law?
In the Matter of the Petition of the Maryland Office of People’s Counsel – Case No. 11, September Term, 2023
Issues – Public Utilities – 1) Should the Public Service Commission’s interpretation of the Merger Order be given the usual deference afforded Commission evidentiary findings, rather than reviewed in the light of the parties’ reasonable understanding of the Merger Order at the time it was issued? 2) Does an increase of $7.8 million in corporate costs post-merger comply with the Merger Order’s plain language, intent, and purpose that the merger produce “tangible financial benefits” in the form of a “reduction in distribution rates” for customers?
Maryland Appellate Blog 