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The Janus decision should not be a surprise

By Karen Federman Henry

Two years ago, we awaited the appointment of a successor to the empty seat on the U.S. Supreme Court that resulted from the death of Justice Scalia. An early casualty of a tie votes occurred in Friedrichs v. California Teachers Association, No. 14-915. Many public employers and employees had their eyes on the case, which involved the California Teachers Association, because its outcome had the potential to alter the relationship between public employees and their union representatives that has existed since the 1970s. Read More…

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Introducing the Applicants for the Court of Appeals and Court of Special Appeals: August 2018

By Diane E. Feuerherd

Three vacancies on Maryland’s appellate courts, arising from the forthcoming retirements of Judge Sally D. Adkins of the Court of Appeals (1st Appellate Judicial Circuit, covering the Eastern Shore), Chief Judge Patrick L. Woodward of the Court of Special Appeals (Montgomery County), and Judge Deborah Sweet Eyler of the Court of Special Appeals (At Large), collectively drew 27 applicants, whose names were published this afternoon.

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Seventeen Days to Go and Two Potential Blockbuster Maryland Court of Appeals Cases Left to Decide!

By Michael Wein

It’s time for the Annual* “Blockbuster” Court of Appeals decision watch. Three years ago, with about one week to go before the Maryland Court of Appeals’ self-imposed deadline of August 31st for deciding all cases in the term, the Court had only four cases left to decide. Two years ago, with two weeks before the Court’s deadline, there were 11 decisions left undecided.  With a little more than two weeks to go before this year’s deadline, nine (9) decisions remain undecided, per the “Pending Cases” page on the Court of Appeals’ web site, with four (4) of those cases related to the topic of juvenile life sentences (that will likely involve some form of consolidated opinion, or opinions that will cross-reference each other).  Of these 9 cases, one is civil, five are criminal, and three involve an Attorney Grievance matter.  A listing of these cases’ Questions Presented from the Court of Appeals’ website, can be found at the bottom of this post.

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Free Speech May Have Some Limits

By Karen Federman Henry

One of the fundamental tenets of the United States Constitution is the freedom of speech, which includes the ability to air our grievances about government activities.  Fane Lozman did just that in the City of Riviera Beach, Florida.  During the public participation portion of a meeting held by the City Council, Mr. Lozman began to discuss the recent arrest of a former county official.  After several requests to cease his remarks, the Council asked for the assistance of a police officer.  When Mr. Lozman continued to refuse to cooperate, he was arrested for disorderly conduct and resisting arrest.  Although later released, the posture of the case as it reached the Court required analysis of the principles related to lawful arrests in the context of the First Amendment prohibition against government retaliation when a person exercises his right to free speech.  The decision issued by the Court in June in Lozman v. City of Riviera Beach, Florida, 585 U.S. ___ (2018), focused less on the public forum aspects of the case than on the probable cause for arrest and the possible retaliation of the Council.

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Odds and Ends

By Karen Federman Henry

Although its status as the intermediate appellate court may lead to skimming or skipping many of the decisions issued by the Court of Special Appeals, taking the time to review them can yield points of law that often go unnoticed.  This blog post captures a few recent issues that might otherwise have escaped your attention (especially if you are a purist and focus only on the Court of Appeals or United States Supreme Court).  The nuggets found in the intermediate appellate court deserve attention in modern law practice, because many days bring out-of-the-ordinary issues to our desks. Read More…

Does the Americans with Disabilities Act Apply to Company Websites?

By Ayesha N. Khan, Guest Contributor[i]

Last year, Winn-Dixie lost an ADA-compliance lawsuit—Gil v. Winn-Dixie Stores, Inc., 257 F. Supp. 3d 1340 (S.D.N.Y. 2017)—because blind individuals, who use screen readers to navigate websites, could not effectively use the supermarket chain’s website. Winn-Dixie, which has appealed the ruling, is not alone. In the last year, litigants have filed hundreds of website-accessibility lawsuits across the country. Hospitals, clinics, retailers, restaurants, credit unions, and universities have all been targeted.  Read More…

May 2018 Maryland Certiorari Grants

The Maryland Court of Appeals granted four writs of certiorari today:

 

Wesley Cagle v. State of Maryland  – Case No. 15, September Term, 2018

(Reported CSA Opinion by Shaw Geter, J.)

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

(Unreported CSA Opinion by Shaw Geter, J.)

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

(Reported CSA Opinion by Beachley, J.)

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

(Unreported CSA Opinion by Beachley, J.)

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?

Strong Cert Candidate in the Supreme Court, May Counsel Delay in Pending Juvenile “Equivalent to Life” Sentences in States like Maryland.

By Michael Wein

The United States Supreme Court has before it, a case out of the Supreme Court of Missouri, Bostic v. Dunbar, that may affect similar pending cases in state and federal courts.  This includes the case in the Maryland Court of Appeals of Matthew McCullough v. Maryland, which had oral arguments in February.  Read More…

Judicial Impartiality Can Be Difficult to Maintain

By Karen Federman Henry

Many litigators have experienced those situations where a judge becomes interested in the case and asks a witness a follow-up question.  It goes with the territory, right?  So what about when a judge reopens your case instead of outright dismissing it?  The Court of Special Appeals has an answer—the judge needs to be cautious when doing so or risk crossing the line of impartiality.  See Payton v. State, CSA No. 2115, Sept. Term, 2016 (February 1, 2018).

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It’s OK; the trial judge knew what defense counsel meant – Watts v. State

By J. Bradford McCullough

A Maryland appellate court will ordinarily entertain a challenge concerning a jury instruction only if counsel objected promptly after the trial judge instructed the jury, clearly stating the grounds for the objection. Requiring counsel to make a prompt and clear objection gives the trial judge an opportunity to consider the objection and make any changes he or she deems necessary. But what happens when trial counsel makes an imprecise objection, which is followed by a quick discussion that indicates that the trial judge understands the objection and the point trial counsel is trying to make? That was the situation facing the Court of Appeals in Watts v. State, No. 17, Sept. Term 2017 (February 20, 2018). Read More…