Yesterday, the Maryland Court of Appeals granted two petitions in criminal cases that it will hear in the fall. (Update: After the Court of Appeals granted certiorari in State v. Santos, the State voluntarily dismissed its appeal.)
Court of Appeals Bids Farewell to Judge Clayton Greene, Jr.
The Court of Appeals ended its arguments on Friday, the last of the September 2018 Term, by congratulating Judge Clayton Greene, Jr. on his forthcoming retirement from the court at the end of this month. As Chief Judge Barbera’s comments reflect, Judge Greene will continue to sit by designation on the Court of Special Appeals and the Court of Appeals. Read More…
Court of Appeals Confirms Taxpayer Standing to Challenge Unlawful Government Spending but Clouds the Concept of Standing Under Maryland Law
An October 2018 post on this Blog covered the Court of Appeals’ decision to review two cases on the burgeoning and ever complex subject of taxpayer standing. On April 1, 2019, the Court decided Floyd v. Baltimore, and George v. Baltimore Co., adding those decisions to its lengthy and growing commentary on taxpayer standing.[1] The Court’s decisions are clear that taxpayers do have standing to challenge government economic waste resulting from violations of law. In so doing, however, the Court muddled the analytical construct it has been struggling to define for testing when taxpayer standing will be recognized in actions challenging unlawful government action.
May 2019 Maryland Certiorari Grants
The Court of Appeals today issued its first certiorari grants since Judge Brynja Booth took the bench last month. There were a total of five grants. They include a sequel to Comptroller v. Wynne, where in 2015 the Supreme Court, affirmed a Court of Appeals decision striking down portions of the state tax code as violating the “dormant” commerce clause. The cases are below, with the questions presented and links to the Court of Special Appeals opinions under review. Read More…
Maryland Certiorari Statistics, 2018 Term: The Numbers Behind the Declining Grant Rate
By Steve Klepper (Twitter: @MDAppeal)
The Maryland Court of Appeals has been granting fewer certiorari petitions this term. Now we have some numbers to help analyze that decline.
For two years now, I’ve tracked the Court of Appeals’ petition docket. The judiciary’s annual statistical reports give the overall grant rate for civil and criminal certiorari petitions. Because the majority of petitions each year are filed pro se, the overall statistics are not terribly helpful for lawyers in advising their clients regarding the odds of certiorari.
Refining my approach from last year, I have compiled the statistics for the 2018 Term (petitions filed 3/1/2018 to 2/28/2019), alongside revised statistics for the 2017 Term (petitions filed 3/1/2017 to 2/28/2018). Read More…
April 2019 Maryland Certiorari Grants, Batch #2
Dana T. Johnson, Jr. v. State of Maryland – Case No. 9, September Term, 2019 (Reported COSA Opinion by Judge Nazarian)
Issues – Criminal Law – 1) Section 5-612 of the Criminal Law Article, which prohibits possession of certain quantities of controlled dangerous substances, provides that “[a] person who is convicted of a violation of subsection (a) of this section shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000.” What is the maximum allowable period of incarceration for a violation of this law? 2) Did the circuit court impose an illegal sentence of fourteen years of incarceration for a violation of section 5-612 of the Criminal Law Article?
State of Maryland v. Bryan Santos – Case No. 10, September Term, 2019 (Unreported COSA Opinion by Judge Raker)
Issue – Courts & Judicial Proceedings – Did the trial court properly admit testimony by Respondent’s wife about statements he made to her and a statement by Respondent admitting some of the things he did with the victims?
Dos and Don’ts When You Learn Who Is on Your Court of Special Appeals Panel
By Steve Klepper (Twitter: @MDAppeal)
Few Maryland lawyers are accustomed to advance notice of which judges will be deciding their appeal. The Fourth Circuit and the Court of Special Appeals have traditionally kept the identities of three-judgment panels secret until the morning of argument. But the Court of Special Appeals will now be announcing panels 7 to 10 days before argument.
That lead time gives counsel an opportunity to make productive or counter-productive use of that information. In this post, I address what you must do, should do, and should not do when you learn who is on your three-judge panel. Read More…
Corporations Need Counsel
It’s not really new—corporations cannot participate in court proceedings without an attorney. The same concept applies to the otherwise informal process before an administrative agency. So what should a corporation do when its counsel withdraws from an administrative proceeding? The Court of Special Appeals recently answered the question in an unreported decision—retain counsel or say something to preserve the issue for further review.
April 2019 Maryland Certiorari Grants
On Wednesday, the Maryland Court of Appeals granted certiorari in six cases (four civil and two criminal) and, in a miscellaneous docket proceeding, accepted certified questions from the Court of Special Appeals to resolve three criminal appeals. Those cases, with questions presented, are below. Read More…
Court of Special Appeals to Disclose Panels 7-10 Days Before Argument
By Steve Klepper (Twitter: @MDAppeal)
Until now, the Maryland Court of Special Appeals (like the Fourth Circuit) has not disclosed the identities of the three judges hearing an appeal until the morning of argument. That is changing, beginning next month.
According to the Court’s May 2019 schedule:
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This change comes just four months after Chief Judge Matt Fader took the reins at the Court of Special Appeals.
The timing of panel disclosure means that briefing will have closed by the time the parties learn which judges will be hearing their cases. Without leave of court, replies must be filed at least ten days before argument, under Rule 8-502(b).
March 2019 Maryland Certiorari Grants (Batch 2)
On Friday, the Maryland Court of Appeals granted certiorari in two cases. The Court has assigned both to its docket for next term, which begins September 1. The grants are below, with links to the Court of Special Appeals opinions under review. Read More…
Maryland Appellate Blog 