Adnan Syed and How to Solve the Court of Special Appeals Public-Access Problem
By Michael Wein
The Maryland judiciary website posted last Wednesday about the Syed case guidelines for the public and news media interested in attending oral arguments. As noted in the detailed order by new Chief Judge Patrick Woodward, oral arguments are being held in Courtroom 1 on the second floor of the Courts of Appeal Building in Annapolis (the larger of the two courtrooms regularly used by the Court of Special Appeals). Courthouse security is taking significant protections against recording devices, and limited seating is being provided to the public and media.
This post is not about the Syed case, specifically. But the circumstances of the Syed oral arguments expose a lack of proper public access to any of the intermediate appellate court’s oral arguments, in noted contrast with the Court of Appeals.[1] Syed is quite obviously a highlighted, media-interest case, which poses an opportunity to discuss what procedures Maryland’s intermediate appellate court should consider, in at least the future, to accommodate public interest in specific, important oral arguments.
Court of Appeals leaves unanswered how no-contest clauses reduced four decades of estates and trusts case law
By Michael Wein
Maryland estates and trusts law does not get its fair share of reported appellate decisions. The vast majority of estates and trusts cases are handled quickly and adroitly by the orphans’ court or, in some counties, the circuit court. Few cases are seriously litigated on appeal, and even fewer are decided by the Maryland appellate courts. A survey reveals that only 2 out of the 97 cert petitions granted by the Court of Appeals in the 2016 term fell under the category of “Estates and Trusts.”[1] In 2015, there were none.[2]
One of the two Court of Appeals cases from the 2016 term, Vito v. Grueff, was heard at oral argument on March 31, 2017. Vito highlights the lack of wills and estates case law in Maryland.
The Final Judgment Rule: It ain’t over ’til it’s over
Just when you think you know all of the rules for determining when a final judgment exists, they shift a bit.[*] The March 24 decision of the Court of Appeals in URS Corp. v. Fort Myer Construction Corporation interpreted the separate document requirement in Md. Rule 2-601 to allow a waiver of the requirement when doing so does not prejudice a party and preserves a party’s right to appeal. In some respects, the Court has returned us to some of the uncertainty that accompanied its decision in Houghton v. County Commissioners of Kent County, 305 Md. 407 (1986).
The elements of a final judgment sound simple—when all of the issues have been decided and the parties are effectively “out of court,” the time to appeal starts to run. Read More…
May 2017 Maryland Certiorari Grants
This month’s first batch of certiorari grants from the Court of Appeals of Maryland is here. The most interesting cases come from the criminal side, with questions regarding a “missing witness” instruction as to a defendant’s mother, and regarding the use of a “music video/slide show” as a victim impact evidence.
The Court may issue additional certiorari grants following its May 18 conference. The full list of five certiorari grants, with questions presented, appears after the jump. Read More…
Fourth Circuit Senior Judge Andre Davis to Become Baltimore City Solicitor
By Steve Klepper (Twitter: @MDAppeal)
There is some bittersweet news out of Baltimore. Senior Judge Andre Davis, of the United States Court of Appeals for the Fourth Circuit, will be resigning his commission to become the new Baltimore City Solicitor, effective September 1, 2017. He has heard his last Fourth Circuit arguments and will be finishing work on opinions over the summer. Read More…
Governor Appoints Next Chief Judge of Court of Special Appeals
The Office of Governor Larry Hogan today issued the following press release:
Governor Larry Hogan today announced the appointment of Judge Patrick L. Woodward as Chief Judge to the Court of Special Appeals of Maryland. Judge Woodward has served as a judge on the Court since 2005. The appointment is effective May 6, 2017.
“I am confident that Judge Woodward is the most qualified individual to fill the chief judge vacancy on the Court of Special Appeals,” said Governor Hogan. “Judge Woodward has an exceptional and extensive judicial background, and has exhibited integrity and a strong commitment to justice. I offer him my sincere congratulations and best wishes.”
“I am truly honored by the trust and confidence that the Governor has placed in me,” said Judge Woodward. “I will do everything in my power to discharge my new duties faithfully, diligently, and competently.”
Judge Patrick L. Woodward is currently a judge for the Court of Special Appeals of Maryland where he has served since 2005, when he was appointed by Governor Robert Ehrlich. Prior to his appointment, Judge Woodward served as a judge for both the Circuit and District Courts of Montgomery County. Before serving as a judge, he was a sole practitioner and principal for Jackson & Campbell, P.C. Judge Woodward received his Bachelor’s degree from Princeton University and his J.D. from the Vanderbilt University School of Law.
27 Apply for Court of Special Appeals: April 2017
Twenty-seven applicants applied for an at-large seat on the Court of Special Appeals, according to the list made public on Thursday. The seat will become vacant upon the mandatory retirement of Chief Judge Peter B. Krauser, who turns 70 years young on May 5. Eight of the applicants are being considered automatically because the Judicial Appellate Nominating Commission had previously recommended them for the Court.
See the full list of applicants below.
Twombly-Iqbal “Plausibility” and Maryland’s Pleading Requirements
Kamil Ismail Guest contributor
In a pair of decisions from 2007 and 2009, the Supreme Court of the United States established what has become known as the Twombly-Iqbal standard for a federal complaint to state a claim. With Twombly-Iqbal now entrenched in federal court, practitioners may be wondering whether that standard’s “plausibility” requirement also applies to complaints in state court. A better question, though, may be whether such a requirement was ever lacking in state court. Read More…
Fourth Circuit Weighs “Exceptional Importance” and Possible En Banc Hearing on Travel Ban 2.0
President Trump’s revised “travel ban,” which targets six predominantly Muslim nations, has drawn intense media scrutiny and legal challenges across the nation. The proceedings in the federal Ninth Circuit Court of Appeals, which includes Hawaii and Washington, have garnered the lion’s share of the media spotlight. But proceedings here in the Fourth Circuit may yield the first substantive appellate court decision on the travel ban’s constitutionality.
As often happens in high-profile appeals, unusual procedural questions have also arisen. Last week, the Fourth Circuit received briefing, which it had ordered from the parties just days earlier, “on the appropriateness of initial en banc review” by the entire court. This is atypical for many reasons. Read More…
Event: Effective Appellate Advocacy for Family Law Cases
From the Maryland Appellate Blog inbox, and highly recommended:
THE LITIGATION SECTION OF THE MARYLAND STATE BAR ASS’N AND ITS APPELLATE PRACTICE COMMITTEE
TOGETHER WITH THE FAMILY AND JUVENILE LAW SECTION
AND MILES & STOCKBRIDGE, P.C.
PRESENT
Effective Appellate Advocacy for Family Law Cases
Tuesday, April 18, 2017
5:00 – 8:00 p.m.
Court of Appeals of Maryland
Robert C. Murphy Courts of Appeal Building
Fourth Floor 361 Rowe Boulevard Annapolis, MD 21401
5:00 – 6:00 p.m. Social Hour Reception – Foyer to the Courtroom
Cash Bar (Beer & Wine) & Hors D’oeuvres
6:00 p.m. – 8:00 p.m. – Court of Appeals Courtroom
Speaker Presentations and Audience Questions
$20.00 for MSBA Litigation Section or Family and Juvenile Law Section Members
$35.00 for others
SPEAKERS:
THE HONORABLE DEBORAH S. EYLER, Judge, Court of Special Appeals of Maryland
STEPHEN J. CULLEN, ESQUIRE, Miles & Stockbridge, P.C.
CYNTHIA E. YOUNG, ESQUIRE
Please register by mailing your check payable to the MSBA, Attention: Theresa L. Michael, 520 West Fayette Street, Baltimore, Maryland 21201. SPACE IS LIMITED
Maryland Appellate Blog 