Tag Archive | Appellate Preservation

Baltimore County v. Baltimore County FOP Lodge 4: Applying the Law of “The Law of the Case”

By Chris Mincher

“Law of the case” is a doctrine that tends to be loosely thrown around by attorneys who vaguely feel that some fact or principle should be treated as established for the remainder of their litigation, but don’t quite know why. For appellate practitioners — especially those who get involved in particularly contentious and protracted lawsuits — it’s good to get an occasional refresher on how the principle actually works. The Court of Special Appeals recently provided just such a primer in Baltimore County, Maryland v. Baltimore County Fraternal Order of Police, Lodge No. 4, Sept. Term 2013, No. 1904/Sept. Term 2014, No. 99 (Dec. 17, 2014), a case that should cause all lawyers readying an appeal to think a little deeper about what issues they need to raise and what relief they want to seek.

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Court of Appeals Addresses Appellate Preservation of Sentencing Challenges

by Brad McCullough

In Bryant v. State, No. 37, September Term 2013 (Feb. 3, 2014), the Court of Appeals re-affirmed the importance of preserving issues for appellate review, holding that the defendant had waived his challenge to the imposition of his sentence. The Court also concluded that – even if the issue had been preserved – the defendant’s sentence had been properly imposed. Read More…