Maryland Certiorari Grants, May 2014
The Court of Appeals website reflects that the Court has granted merits review in two cases. Not listed below are six cases for which the website does not reflect the questions presented. The fact that all six have been assigned September 2013 Term docket numbers, combined with the lack of a question presented, suggests that the Court is taking summary action on those six cases or consolidating them with a case pending this term.
Alan Sternstein previously posted on this blog regarding the Court of Special Appeals decision in one of the two cases, Espina. The questions presented in the two new certiorari grants to be argued next term are:
Estela Espina, et al. v. Steven Jackson, et al. – Case No. 35, September Term, 2014
Issues – Constitutional Law – 1) Can the General Assembly contravene or restrict by statute self-executing rights in the state constitution? 2) Does the Local Government Tort Claims Act (LGTCA) encompass and serve to cap self-executing constitutional rights? 3) With 96.5% of the verdict stripped from the petitioners, is the application of the LGTCA damages cap to the facts here unconstitutional under Art. 19? 4) Did CSA err in applying the LGTCA cap to the constitutional deprivations here after the jury found malice and the County stipulated to scope of employment? 5) Did CSA err in holding that all wrongful death claims are reduced to one claim?
David Payne, et ux. v. Erie Insurance Exchange, et al. – Case No. 38, September Term, 2014
Issue – Insurance Law – Under Maryland Indemnity Insurance Co. v. Kornke, et al., 21 Md.App. 178, 319 A.2d 603 (1974) and its progeny, did the trial court err in holding that Erie was not required to provide coverage to a second permittee using an insured’s car within the named insured’s original grant of permissive use?
Some Thoughts on the Nomination of Pamela Harris to the Fourth Circuit
By Michael Wein
As recently posted on this blog, President Obama has nominated Georgetown Professor Pamela Harris for the Fourth Circuit seat that Judge Andre Davis recently vacated. In addition to her teaching credentials, Ms. Harris appears well suited for this task, as a regular Supreme Court practitioner who once clerked for Justice Stevens.
As I discussed in a previous post, there were five candidates, mostly with significant appellate experience, whom Senators Mikulski and Cardin recommended to President Obama. The list included former Acting Solicitor General Neal Katyal. (Before posting, this information was confirmed from multiple sources.) So as predicted, President Obama did pick a candidate who had significant appellate or Supreme Court experience, just not Mr. Katyal, and Ms. Harris like Mr. Katyal teaches at Georgetown Law. Read More…
Pamela Harris Nominated to Replace Andre Davis on Fourth Circuit
Todd Ruger is reporting at the Legal Times that President Obama is nominating Pamela Harris to fill the vacancy created when Judge Andre Davis assumed senior status this past February 28. [Update: the official White House press release is here.] Professor Harris’ biography is here. It seems likely that, if confirmed, Professor Harris would become the first Circuit Judge to maintain her chambers at the Greenbelt, Maryland federal courthouse.
Michael Wein previously reported here at the Maryland Appellate Blog that Neal Katyal (also of Georgetown Law) was among the names forwarded for the seat. Tough field.
Court of Appeals to Address Standing to Challenge Legislative Comprehensive Zoning Enactments
Last year, the Court of Appeals addressed standing requirements for challenging zoning and land use decisions, issuing opinions significantly shaping the standards for standing. See Kendall v. Howard Cnty., 431 Md. 590, 66 A.3d 684 (2013); Ray v. Mayor & City Council of Baltimore, 430 Md. 74, 59 A.3d 545 (2013). This year, the Court is poised to do so again. On March 21, 2014, the Court granted certiorari in Anne Arundel Cnty. v. Bell, 437 Md. 422, 86 A.3d 1274 (2014) to consider these three issues: Read More…
DeWolfe Update: Legislative Standstill and a Modest Alternative Proposal
By Michael Wein
As discussed in numerous prior posts on this blog, DeWolfe’s implementation has been an unexpected headache for the Court of Appeals. The Court held in 2013 that criminal defendants have a constitutional right to counsel at their initial bail determination. Legislation (discussed in my previous post), but nothing passed. It appears, however, that the General Assembly has appropriated $10 million to pay for counsel. I’ve not been involved with this case, but, having worked in Annapolis before law school, I’ll put on my legislative hat to propose a workable solution that would predictably cost under $10 million. To do this, three separate categories are necessary to first examine: (1) Baltimore City; (2) the interim constitutional solution using cost-efficient video conference technology, and (3) the long-term, non-constitutional, legislative solution. Read More…
Judge Arthur Publishes His First Opinion
Court of Special Appeals Judge (and former Maryland Appellate Blog editor) Kevin Arthur has published his first opinion: White v. Register of Wills, — Md. App. — (May 1, 2014). It comes less than six weeks after he joined the Court. It’s as concise and well-written as we here at the Maryland Appellate Blog expected.
Juror #4 and Me: A Tale of Trial on Remand
By Steve Klepper (Twitter: @MDAppeal)
On Friday, February 28, I finally had a chance to talk with my lovely wife, Meredith, about what had been on her mind for past 1½ weeks. From February 20 through 28, Meredith wasn’t just a mother, an R.N., and a graduate student. She was also Juror #4, in front of Judge M. Brooke Murdock of the Circuit Court for Baltimore City. Read More…
Amalgamated Transit v. Loveless – Judicial Imposition of Procedural and Remedial Due Process in Private Relationships
In a host of private, essentially, contractual arrangements that nevertheless affect important or broad public interests, parties provide for procedures and remedies for the resolution of disputes between them. Examples include hospital credentialing of doctors or grants of hospital privileges, labor relations in industries ranging from the entertainment arts, to sports, to the skilled trades, and trade and professional competency certifications by trade and professional associations. In most cases, the source of the public interest is ultimately one of economics. Association credentialing and certification, for example, apart from often being critical to one’s ability to engage in a business or profession and, thereby, earn a living, also can substantially affect competition—where, for example, credentialing or certification programs are operated as barriers to entry. Another important interest is the country’s unquenchable thirst for live sports. As a consequence, player rights and labor disputes, franchise ownership and franchise location issues, particularly where these issues affect the availability or quality of sporting events, garner considerable public attention. Read More…
Maryland Certiorari Grants, April 2014
The Court of Appeals website shows the following April 18, 2014 grants of certiorari:
Marcus Lee Smiley v. State of Maryland – Case No. 37, September Term, 2014
Issues – Criminal Law – 1) Did the trial court err in admitting the prior recorded statement of an unavailable witness after finding that Petitioner procured the witness’s unavailability at trial? 2) Did the lower court err in failing to suppress an extrajudicial identification of Petitioner where his photograph was one of only two in a photographic array which was not visibly altered and his clothing matched the shooter’s described attire? 3) Should MD adopt, either as a matter of State constitutional or evidentiary law, a standard for evaluating the admissibility of eyewitness identifications which better reflects present scientific knowledge concerning eyewitness memory?
State of Maryland v. Gregory Graves – Case No. 36, September Term, 2014
Issues – Criminal Procedure – 1) As a matter of first impression, did CSA err in determining that § 8-401 of the Criminal Procedure Article, which was enacted while Respondent’s appeal was pending, applies retroactively to Respondent’s case? 2) If § 8-401 applies retroactively, is the appropriate remedy a remand and not a reversal?
New 2014 Appeal Rules that You May Not Find in Your Hardcopy Rules Book
By Michael Wein
I’m sure there are some Maryland attorneys who, like me, look forward to receiving a hardcopy of the two-volume Maryland Rules from Lexis annually around Christmas. The hardcopy is supposed to catalogue the most updated Rules. Unfortunately, it appears that the new Rules from the late November 2013 Court of Appeals meeting, which took effect on January 1, 2014, were omitted. Therefore as a courtesy, I am reiterating that readers, before filing their certiorari, merits, or amici briefs, should review the actual Rules that took effect on January 1. Read More…
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