August 2016 Maryland Certiorari Grants
It’s been a slightly elongated layover since the Maryland Court of Appeals made their July certiorari decisions, but, with nine new cases, it’s clear the gears are starting to grind for the upcoming term. Included in the mix is Johnson v. State (we called it!), the much-publicized prosecution for the murder of Phylicia Barnes that ended in acquittal… or did it? Some big double-jeopardy questions in that one for the Court to figure out. Check out the rest of the grants after the jump.
Fifteen Days to Go, and an Avalanche — 15 — Maryland Court of Appeals Cases Left to Decide!
By Michael Wein
Last year, with about one week to go before the Maryland Court of Appeals’ self-imposed deadline for deciding all cases in a September term by the following August, the Court had only four cases left to decide. Per the “Pending Cases” page on the Court of Appeals’ web site, with two weeks to go before this year’s deadline, 15 decisions are left to decide. Of these 15 cases, seven are civil, six are criminal, one is an Attorney Grievance matter (which the oral arguments indicate was, interestingly, remanded back to the trial judge for additional findings and re-argued in the same term), and one is a Bar application case.
COSA Dissent Watch: Post-mistrial Acquittals and Double Jeopardy
The case: State v. Johnson, Sept. Term 2015, No. 0189 (June 29, 2016)
The questions: Does a circuit court have fundamental jurisdiction to acquit a defendant after the grant of a mistrial? Does such an acquittal bar further prosecution even if court relies on evidence that is technically not before it?
Anthony Kennedy’s 80th Birthday and Trump’s Legacy
By Steve Klepper (Twitter: @MDAppeal)
Anthony Kennedy turns 80 today. In the aftermath of Donald Trump’s acceptance speech at the Republican National Convention, I’ve seen numerous posts from longtime Republicans to the effect of “I have no party anymore.” That thought may have popped into the head of Supreme Court Justice Anthony Kennedy. Read More…
“De Facto Parents”: Maryland Joins the Trend
Earlier this month, the Court of Appeals issued a decision in a case presenting the opportunity to revisit Maryland’s view of “de facto parents.” In Conover v. Conover, No. 79, Sept. Term, 2015 (July 7, 2016), a same-sex couple in a long-term relationship decided that they wanted to have a child. One member of the couple became the biological parent through artificial insemination, and the couple participated equally in raising the child. After the baby was born, the women married.
United States v. Graham: The Fourth Circuit Rejects the Privacy Concerns of a Broad Range of Groups with Often Conflicting Interests
To appreciate the range of constituencies concerned with threats to privacy in this country, one need only examine the diverse array of amici supporting the appellants in United States v. Graham, No. 12-4659 (4th Cir., May 31, 2016) (en banc). Amici from the Conservative Legal Defense and Education Fund to the ACLU and from the Gun Owners of America to the Reporters Committee for Freedom of the Press lined up to voice their concerns in connection with the Fourth Circuit’s en banc review of its panel’s decision ruling that the government had violated Defendants’ Fourth Amendment rights when it obtained from their cellphone carriers’ records personal cell-site location information (“CSLI”) without a warrant supported by probable cause.[i] The Fourth Circuit nevertheless overturned the ruling.
COSA Dissent Watch: Questioning Police Officer Testimony and Bias in Voir Dire
The case: Lapole v. State, Sept. Term 2014, No. 2169 (June 27, 2016)
The questions: Can a voir dire question about bias regarding testimony of police officers reference other professions as well? Is the failure to properly give that question subject to harmless-error review?
July 2016 Maryland Certiorari Grants
The Court of Appeals went only 2½ weeks between conferences. But we still get new cert grants! This round will need to hold us for a while, because the next conference is August 18.
The biggest news is that the Court of Appeals will directly review the Hogan Administration’s appeal of an injunction entered against it in a dispute regarding the Anne Arundel County School Board Nominating Commission. The full list of grants, with questions presented, appears after the jump.
Maryland High Court Introduces Civil Liability for Adults Who Allow Underage Drinking
This week, the Maryland Court of Appeals, in Kiriakos v. Phillips, punched a large hole in a civil-law doctrine that has long protected adults who host parties where underage guests are allowed to drink alcohol. While it has long been illegal to sell or otherwise supply alcohol to minors, Maryland law has nonetheless rejected attempts to assign civil liability to those who provide alcohol to minors when the inebriated minors injure themselves or others. Although minors who consume alcohol frequently cause horrific – often fatal – accidents (or commit serious felonies), Maryland tort law has traditionally assigned liability for the injuries to those who consumed the alcohol while shielding the individuals or businesses that furnished the alcohol. But, recognizing the special vulnerability of minors to alcohol, the Court now holds that adults who “knowingly and willfully” allow underage guests to drink on their property and substantially contribute to the minor’s diminished ability to reason can be found liable for the harm that results from a drunken guest’s subsequent actions. Read More…
New Employee Classification in the Fourth Circuit: Exotic Dancer
As a government legal adviser, I often encountered the question of whether a person performing services for Montgomery County was an employee or an independent contractor. The distinction held significance, because it determined who had responsibility for Social Security payments, unemployment insurance premiums, workers’ compensation benefits, overtime, and other aspects of the employment relationship. Simply designating a person as an independent contractor usually did not make it so. Instead, the activities performed by the person and the manner of performing them became key focal points.
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