Solicitor General Urges SCOTUS to Reverse Court of Appeals in Comptroller v. Wynne
We previously reported in January that the Supreme Court of the United States requested the views of the Solicitor General of the United States as to whether to grant certiorari in Maryland State Comptroller of the Treasury v. Wynne, 431 Md. 147 (2013). As reported today by Steve Lash at The Daily Record, the Solicitor General has filed a brief in support of the State’s petition.
The Solicitor General’s brief is available here. Below is the Solicitor General’s argument summary, from pages 6 and 7 of that brief: Read More…
The Most Important Part of an Appellant’s Fourth Circuit Brief (Is Not What You Think It Is)
By Steve Klepper (Twitter: @MDAppeal)
Inconspicuously placed at the conclusion of Fourth Circuit Local Rule 34(a) is a provision that “parties may include in their briefs at the conclusion of the argument a statement setting forth the reasons why, in their opinion, oral argument should be heard.” Forget the word “may.” The Local Rule 34(a) statement is, I submit, the most important part of an appellant’s brief. Read More…
Government Practice—A Different Perspective
[Editor’s note: We’re happy to present the first post by the newest member of our editorial board.]
As an attorney representing a local government, I enjoy a unique opportunity to delve into a wide array of legal issues. The work itself can range from litigation to administrative hearings to legislative drafting to advising public officials, agencies, and departments as they seek to achieve goals that enhance the interests of the community. While the individual tasks and topics presented may not differ from those seen in private practice, the nature of the client has an impact on the manner of giving advice and providing representation. Read More…
Welcoming new editor Karen Federman Henry
We were lucky enough to convince Karen Federman Henry, a Division Chief in the Office of the County Attorney for Montgomery County, to join the Maryland Appellate Blog’s editorial board.
If you want an idea of Karen’s impressive appellate credentials, we invite you to type her name into Google Scholar case search. Along with former blog editor Kevin Arthur and current editor Brad McCullough, Karen was among the 18 candidates whom the Judicial Nominating Commission forwarded for the three recently filled vacancies on the Court of Special Appeals. Kevin was one of those three appointees, and Karen fills the resulting vacancy on the blog’s editorial board.
Karen’s first post will appear on Monday morning. We’re thrilled to welcome her aboard!
The Potential After-Effects of DeWolfe’s Implementation – Expanding Maryland v. King to Begin Testing All Arrestee DNA
By Michael Wein
There’s less than two weeks before the Maryland General Assembly adjourns sine die on April 7th. This poses an upcoming deadline for passing legislation complying with the Maryland Court of Appeals’ DeWolfe decision that criminal Defendants have a Constitutional right to representation in their initial bail determinations. The three main proposals are on the table, though a mixture of them is also possible. These proposals are (1) to have comprehensive and supposedly objective Preliminary bail determinations delegated to administrative Pretrial Services employees (that will effectively scrap the current system of review by a neutral magistrate, and thereby no Constitutional violations since no Counsel will be permitted), (2) an expansive and supposedly more expensive representation schema in place that will have full time defense attorneys representing defendants, and additional costs for judges, Court commissioners, courthouse security, etc., and (3) permitted some criminal defendants to affirmatively waive their right to Counsel for an initial appearance in order to get a pre-trial appearance before a Court Commissioner and release. (In the past day, after this was written but before being posted, the Senate Judicial Proceedings Committee favored by a 7-4 vote, Option 1, the Pretrial services approach.) Read More…
Maryland Certiorari Grants, March 2014
The Court of Appeals today granted certiorari in six cases. The text from the Court’s website is below:
Anne Arundel County, Maryland, et al. v. Steve Bell, et al.– Case No. 29, September Term, 2014
Issues – Zoning and Planning – 1) Whether the prima facie aggrievement standard established in Bryniarski v. Montgomery County Bd. of Appeals, 247 Md. 137 (1967), should be expanded beyond challenges to administrative land use decisions to include challenges to legislative comprehensive zoning enactments? 2) Whether the “almost prima facie” standard as established in Ray v. Mayor of Baltimore, 430 Md. 74 (2013), should be expanded beyond challenges to administrative land use decisions to include challenges to legislative comprehensive zoning enactments? 3) Whether noise from a predicted increase in traffic constitutes “special damages”?
Falls Garden Condominium Association, Inc. v. Falls Homeowners Association, Inc.– Case No. 30, September Term, 2014
Issues – Civil Procedure – 1) Whether it was error to enforce the Letter of Intent given the parties never intended to be bound by the Letter of Intent and the Letter of Intent does not contain all material terms? 2) Did the lower court err in failing to hold a full plenary hearing on the Motion to Enforce Settlement Agreement since the existence of a binding and enforceable agreement was contested and there were contradicting proffers regarding a material issue, i.e. whether the parties intended to be bound by the Letter of Intent?
Carol Jane Gray, et al. v. Howard County Board of Elections, et al.– Case No. 107, September Term, 2013
Issues – Election Law – 1) Was the Board of Elections’ determination that the referendum summary was not “fair and accurate” is arbitrary, capricious and illegal as a matter of law? 2) Is the referendum summary as presented “fair and accurate” as required by EL § 6-201(c)(2)(i)?
Metro Maintenance Systems South, Inc. v. Thomas Milburn, et al.– Case No. 31, September Term, 2014
Issues – Civil Procedure – 1) Did CSA err in its decision that the lower court’s remand order was not a “final judgment” as defined by CJP § 12-301? 2) Did the lower court act arbitrarily and capriciously in remanding a final administrative decision to the processes of an administrative agency without conducting any record review and without any finding of fraud, mistake, inadvertence, cognizable defect, intervening factors or subsequent events? 3) Did CSA properly decide Anne Arundel County v. Rode, 214 Md.App. 702 (2013), and properly apply that ruling to the procedural circumstances in this case?
In the Matter of Carol Jane Gray, et al.– Case No. 106, September Term, 2013
Issue – Election Law – Within the context of the decision-making required by EL § 6-208(a)(2), was the Board of Elections’ determination that the referendum summary was not “fair and accurate” arbitrary, capricious and illegal as a matter of law?
State of Maryland v. Charles William Callahan – Case No. 28, September Term, 2014
Issues – Criminal Law – 1) Did CSA err in concluding that the lower court violated the doctrine of the separation of powers in finding respondent in violation of his probation based upon his failure to comply with a lawful order of his probation agent where the order was a requirement of his mandatory parole release conditions? 2) Did CSA correctly hold that the lower court erred in revoking Callahan’s probation?
Four Reasons to End Calls for Justice Ginsburg’s Retirement
By Steve Klepper (Twitter: @MDAppeal)
[Updated, 6:21 p.m., March 17, 2014. See comment below for details.]
One gift that Justice Ruth Bader Ginsburg received for her 81st birthday was yet another editorial – this time by Erwin Chemerinsky– calling for her retirement. As soon as chatter dies down, we can expect a new round of editorials criticizing Justice Thomas’ silence at oral argument, followed by another round of calls for Justice Ginsburg to retire. (Maybe I should have saved my “Time Is a Flat Circle” reference for this post.)
A few quick thoughts: Read More…
New SCOTUSblog-type Listing of Pending Cases Available on Court of Appeals Website
By Michael Wein
A new “all in one” feature has appeared on the Maryland Court of Appeals website, providing a chronological listing of all “Pending cases.” This feature would appear to give the immediate ability and transparent reminder (for anyone interested) to know which cases have been pending the longest at the Court of Appeals. There are also links to (1) the date of the grant of certiorari, (2) the date and link to oral arguments, (3) if a recent decision was issued, and (4) the main Questions Presented. Read More…
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