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.
Read More…Representation and Colorblindness in Maryland’s Appellate Courts
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.
Read More…After Six Months of Being Civil
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.
Read More…Zadeh v. State: Timeliness, Motion to Suppress, and Voluntariness
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).
Read More…Abruquah v. State debates abuse of discretion under Rule 5-702.
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.
Read More…In Zadnik v. Ambinder, the Appellate Court revisits the Dead Man’s Statute and Choice of Law Issues.
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.
Read More…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.
Read More…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?
Read More…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:
- Crystal Curry
- Andrew Fontanella
- Kathryn (Katie) Huff
- Faten Gharib
- and the Maryland Appellate Blog’s own Steven M. Klepper
For Murphy’s Memorial, His Five Most-Cited Court of Appeals Cases
Tomorrow, the Supreme Court of Maryland will hold a special session to host a memorial service for one of its former members, the Hon. Joseph F. Murphy, Jr., who died in July of last year. There will be speeches by Erin Murphy and Richard Karceski, followed by a response by Justice Eaves — but no number of presenters can adequately convey just how many lives and careers Judge Murphy helped shape in the state’s legal profession. (I among them: Judge Murphy helped recruit me to my first job practicing law as an associate at Silverman Thompson Slutkin White, and he was always available to impart his wisdom on whatever tricky legal and appellate questions I encountered.) His widespread influence will long be felt.
Judge Murphy’s opinions endure across Maryland jurisprudence. In conjunction with today’s event, here are Judge Murphy’s five most-cited Court of Appeals cases — at least, according to an informal survey on LexisNexis — a brief sample of his expertise on evidence, adherence to procedure, and versatility in advancing the law in numerous practice areas.
Read More…
Maryland Appellate Blog 