Making the New Appeals Courthouse the “Supremiest”

By: Chris Mincher

It’s been two years since the Board of Public Works approved the contract to design the new Courts of Appeal building — but, given that it had a 10-year term, there still should be plenty of time for Fentress Architects to make innovative adjustments to its design. After all, a lot has changed since 2021, not the least of which is that the building now houses a “Supreme” Court. Of course everything legal that the Judiciary does is well-considered, but is it giving the same attention to making sure its new home is also “supreme”? If not, I have some ideas:

  • Self-service checkout. Whether it’s in a brief or in oral argument opening remarks, a lot of unnecessary time can be spent recounting a case’s procedural background or explaining what the party’s request is. What a slog! In today’s world, convenience is king, and anyone who has walked into a recently updated McDonald’s knows there’s a better way: touch screen ordering, with helpful pictures.

Imagine similar time-saving “posture kiosks” awaiting litigants in the appeals building lobby. What court did your case start in? Just touch the corresponding photo! Case dismissed, or lose the verdict — press the frowning judge or the disapproving jury. For those looking for habeas relief, select the open jail cell. Add to cart, swipe your card to pay the filing fee, and submit, and the clerk will call your number when your argument is ready.

  • Special effects. Oyez, oyez, oyawn. To attract these newer generations growing up with limitless options for how to spend their time, the court needs to embrace what I call “appellatainment.” That means generating excitement from the get-go. No more judges quietly shuffling awkwardly into their seats while the crowd silently stands and waits — each judge should burst into the courtroom to a pumping individually selected theme song, accompanied by lasers and a fog machine, and the clerk yelling out “LLLLLLET’S GET READY TO ARGGGGGUUUUE!
  • Enhanced video. Last time I checked, the Supreme Court oral arguments webcast isn’t broadcast by any outlet, not even one of those B-list streaming services like Crackle. Part of that might be a substantial underinvestment in cinematography. Sure, there are a couple stationary cameras, but that doesn’t fully capture the thrill and riveting action of a fiery hot bench. Given that governmental success these days seems to be measured in viewership, the best way for the appellate courts to secure those coveted “sky high ratings” could be a Skycam. Given the recent runaway Netflix success of “Suits,” could the next big hit be “Robes”?
  • Audience accommodations. Admit it: There’s something a little disappointing about rows and rows of empty seats for oral arguments. I refuse to believe that people have lost that much interest in the process of meticulously hashing out and deciding the state’s most important and complex legal questions. Rather, people’s expectations as spectators have changed — it’s not just about the quality of the product at the bench, but about the total fan experience.

This means taking a cue from recent movie theater upgrades so oral arguments can be taken in with the comfort of stadium-style seating, fully reclined in lounge chairs, while enjoying snacks and a craft beer from the lobby concessions. (“I’ll take a Re-butter-al Popcorn and an Amicus Ale, please!”) And in June and September while it’s still warm, how about “Family Fun Friday” arguments when you can sit in a special section where the clerk randomly throws a pitcher of water on you? Oh, and if there’s going to be stadium-style seating, accommodating those in the nosebleeds will obviously require installing in the courtroom a massive humongonormous Jumbotron.

  • Decision-day ceremonies. Yes, there are a lot of ways the new Courts of Appeal building can take advantage of modern technology, but that doesn’t mean it should ignore tradition, either. Sure, announcing opinions from the bench might be more of a federal custom, but we could top that here in Maryland with a rooftop decree deck. After an email to the entire state bar notifying it that an opinion is final, the authoring judge slowly emerges on the proclaiming platform to the fanfare of trumpets, presents the ruling — I think we can all agree this should probably be on a scroll — and solemnly recites it to the exhilarated throngs of attorneys assembled on the plaza below.

July 2023 Maryland Certiorari Grants

On Wednesday, the Supreme Court of Maryland granted certiorari in one case, which asks the Court to reconsider its decision in Stewart v. State, 399 Md. 146 (2007), in light of recent case law concerning voir dire.

The question presented is below.

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Representation and Colorblindness in Maryland’s Appellate Courts

By Derek Stikeleather

Among the most high-profile decisions issued by the United States Supreme Court last month was the conservative majority’s long-anticipated 6-3 opinion ending race-conscious admissions in virtually all public and private colleges. Students for Fair Admissions, Inc. v. President & Fellows of Harv. Coll., 143 S. Ct. 2141 (June 29, 2023). It did so on the grounds that the Fourteenth Amendment’s Equal Protection Clause mandates colorblindness when admitting or rejecting potential students. Drawing on Justice Harlan’s lone dissent in Plessy v. Ferguson (1898), the majority opinion (and concurrences) repeatedly emphasized that, although much of American society attributes meaning to racial identity and diversity, seventy years of Supreme Court jurisprudence has established—as a bedrock principle—a colorblind Constitution.

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After Six Months of Being Civil

By Carrie J. Williams

In January, after 16 years with the Maryland Attorney General’s Criminal Appeals Division, I joined the appellate practice at Goodell, DeVries. After six months, I am reflecting on the biggest differences between civil and criminal practice.

The biggest shock for me has been the relative dearth of civil case law. In my first month at Goodell, I vainly searched for cases on nuanced points of civil litigation, terrified that my legal research skills had suddenly abandoned me. Eventually, I realized that searching was not the problem. The cases I wanted just don’t exist.

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Zadeh v. State: Timeliness, Motion to Suppress, and Voluntariness

By Isabelle Raquin

In Zadeh v. State (No. 11, Sept. Term 2022, Opinion by Hon. Andrea M. Leahy), the Appellate Court of Maryland (ACM) remanded the case – yet again – because the trial court failed to instruct the jury on the voluntariness of Zadeh’s statement to police. Before reaching the merits, the ACM addressed the important question of the time requirement for filing motions to suppress on remand.

Brief Summary of Facts and First Reversal: On August 4, 2014, Takoma Park Police responded to a call reporting that a woman, Larlane Pannell-Brown, was screaming at her house. When the police arrived, they found her husband, face down, bleeding from trauma to his head. However, police were unconvinced by Ms. Pannell-Brown’s screams once they discovered that she was having an affair with Hussain Ali Zadeh, a man 20 years her junior. In the first trial, Zadeh was jointly tried with Pannell-Brown, and both were convicted of second-degree murder and sentenced to 30 years in prison. However, the Supreme Court of Maryland reversed Zadeh’s conviction because he was unfairly prejudiced by non-mutually admissible evidence at the joint trial. State v. Zadeh, 468 Md. 124, 163-64 (2020).

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Abruquah v. State debates abuse of discretion under Rule 5-702.

By Derek Stikeleather

The Supreme Court of Maryland’s recent 4-3 decision in Abruquah v. State takes a strict view of the admissibility of firearms identification testimony under Rule 5-702. (Sept. 2022 Term, Case No. 10) (decided June 20, 2023). The decision raises complex questions about whether defendants can retroactively challenge criminal convictions that were supported by such testimony. But I will leave that issue to others. Here, I want to focus on the Justices’ vigorous debate over the abuse-of-discretion standard under Rule 5-702.

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In Zadnik v. Ambinder, the Appellate Court revisits the Dead Man’s Statute and Choice of Law Issues.

By Diane E. Feuerherd

In Zadnik v. Ambinder, ___ Md. App. ___ (2023), the Appellate Court recently reviewed whether a trial court should have recognized a common law marriage from Pennsylvania, so to give the plaintiff standing to bring a wrongful death lawsuit in Maryland. The opinion offers key lessons for appellate and trial practitioners, in choice of law, the dead man’s statute, and preservation. 

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June 2023 Maryland Certiorari Grants

On June 16, 2023, the Supreme Court of Maryland granted review in three cases (all civil appeals). Those cases, with questions presented, are below.

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The Right to Fair and Impartial Judges on Appeal: Belton

By: Isabelle Raquin

Last week, the Supreme Court of Maryland issued the much-anticipated decision concerning appellate impartiality in Belton v. State, No. 8, September Term 2022.

Who knew that, when this case was appealed to the Appellate Court of Maryland on a single, straightforward question regarding hearsay and self-defense, and submitted on briefs, it would turn into a matter of first impression in the Supreme Court implicating the right to fair and impartial judges on appeal?

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Must See Appellate Panels at MSBA Legal Summit 2023

By: Meaghan Murphy

If you’re attending the MSBA Annual Summit this week in Ocean City, we hope you’ll stop by three panels sponsored or co-sponsored by the MSBA Section of Litigation’s Appellate Practice Committee.

Thursday, June 8, at 1:30 p.m.
You’ve Filed an Appeal – Now What???

(Room 209, co-sponsored with the Litigation Section)

The Hon. Gregory E. Wells (Chief Judge, Appellate Court of Maryland) will offer a behind-the-scenes view of the appellate process, joined by members of the ADR Court Staff and experienced appellate practitioners, including:

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