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Maryland Court of Appeals Vacancy Re-advertised

By Diane E. Feuerherd

As previously reported on the Maryland Appellate Blog, Judge Sally D. Adkins’s retirement left a vacancy on the Court of Appeals, for the First Appellate Judicial Circuit. In August, three submitted applications for the seat – Christopher F. Drummond, Judge Christopher B. Kehoe, and Judge Brett W. Wilson. But, according to the Maryland Courts website, “[t]his vacancy is being re-advertised for new applicants.”

**Correction: As originally posted, this blog post incorrectly stated that the Appellate Judicial Nominating Commission had nominated all three existing applicants. In fact, the Commission has yet to make any nominations for this vacancy. This correction has been made.

For direct updates on the Appellate Judicial Nominating Commission’s consideration of applications for this vacancy and others, see the Maryland Courts website.

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November 2018 Maryland Certiorari Grants

Yesterday, the Court of Appeals granted review in five cases: `

Baltimore County, Maryland v. Michael Quinlan – Case No. 50, September Term, 2018

(Unreported COSA Opinion by Judge Leahy)

Issues – Workers’ Compensation – 1) Did the trial court err in denying Petitioner’s motion for summary judgment, given the lack of a clearly defined occupational disease as the basis for the claim and evidence that the conditions were shown to be prevalent in all occupations involving heavy physical labor not uniquely related to the work of a paramedic or EMT as an inherent and inseparable risk? 2) Did CSA err in finding that Respondent met the statutory requirements set forth in LE §9-502(d)(1) and that he had sufficiently established at trial that his condition resulted from an inherent hazard of his employment as a paramedic or EMT? 3) Should this Court review the decision below under the statutory requirements and existing case law, particularly Black and Decker Corporation v. Humbert, 189 Md.App. 171 (2009), which similarly ignores the legislative requirement that a disease is only occupational if it is “due to the nature of an employment in which the hazards of the occupational disease exist” (LE §9-502(d)(1)(i)), to provide clarification and guidance on the requirement for establishing a legally sufficient claim for occupational disease? Read More…

Taxpayer Standing Cases Pending Yet Again in the Court of Appeals:  Herein, About Whose Interest Is It Anyways?

By Alan B. Sternstein

The Court of Appeals is poised once again to tackle the subject of standing in Maryland courts, particularly the doctrine of so-called “taxpayer standing.”[1]  Four relatively recent and lengthy decisions by the Court have already addressed the matter at length, including the related “property owner standing,” doctrine.  Anne Arundel County v. Bell, 442 Md. 539, 113 A.3d 639 (2015); State Center, LLC v. Lexington Charles Ltd. P’ship, 438 Md. 451, 92 A.3d 400, 458 (2014); 120 West Fayette St., LLLP v. Mayor and City Council of Baltimore, 426 Md. 14, 43 A.3d 355 (2012) (“Superblock III”); and 120 W. Fayette St., LLLP v. Mayor and City Council of Baltimore, 407 Md. 253, 964 A.2d 662 (2009) (“Superblock I ”).  Two new appeals raise issues showing the lack of clarity that remains regarding taxpayer standing in Maryland.  Read More…

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…

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.

Read More…

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.

Read More…

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?