November 2015 Maryland Certiorari Grants
The new Adele record wasn’t the only exciting thing to be released Friday: The Court of Appeals also released a new round of certiorari grants! Check out the seven new cases — which include questions about tax refunds, administrative law, disability discrimination, and appellate review of suppression rulings — after the jump.
Prepare for Some Changes to the Maryland Appellate Rules
Although the Court of Appeals of Maryland’s Standing Committee on Rules of Practice and Procedure meets regularly, and the Court routinely considers proposed changes to the Maryland Rules, their activities impact the appellate rules with less frequency than a blue moon.* In September, however, the Court of Appeals adopted a number of modifications to the appellate rules that will apply to practitioners beginning January 1, 2016.
One Week, Four Court of Appeals Cases, One Potential Blockbuster
By Michael Wein,
Well, we’re one week away until the Maryland Court of Appeals’ self-imposed deadline of Monday, August 31, 2015, for deciding all cases in the September Term. Per the “Pending Cases” page on the Court of Appeals’ website, four, count that, only four, decisions are left, one from April (State v. Dykes), one from May (State v. Waine), and two from June (State v. Westray and Wicomico County Department of Social Services v. B.A.). The two from June may not reflect any particular disagreements between the judges, but are pending simply because they were the most recently argued, or, in the case of Westray, because it will be decided in tandem with the Dykes case from April, as both involve issues about the right to discharge counsel. The “Questions Presented,” as posed on the Court of Appeals’ web page, for all remaining cases are listed below.
August 2015 Certiorari Grants
Summer’s winding down, and the Court of Appeals is getting back into high gear with 10 new certiorari grants. Hint: If you’re as interested in this case even a fraction as much as Alan Sternstein has been, you’re going to want to check out the full rundown after the jump.
July 2015 Maryland Certiorari Grants
On the heels of its eight(!) published opinions today, the Court of Appeals of Maryland released its July 2015 certiorari grants. There are only four grants, three of which involve disputes with the Maryland Department of the Environment. The cases, with questions presented, appear after the jump. Read More…
Get Ready for a Busy Six Weeks in the Court of Appeals
The Court of Appeals of Maryland has six weeks (minus a day) until its self-imposed deadline of August 31 to issue opinions in all cases heard from September 2014 through June 2015. We count 23 such cases awaiting opinions: 11 criminal appeals, 8 civil appeals, and 4 attorney discipline cases. Those numbers include three cases (1 civil, 2 attorney discipline) where the Court issued a per curiam order immediately after argument and indicated that an opinion was forthcoming. If this year shakes down like last year, we should expect most of those opinions to come down in the days following the Court’s July 23 conference, with the remaining handful of opinions coming down in August. If you want a preview of what’s coming, the Court’s Pending Cases list provides a handy guide.
Only Two Apply for Court of Appeals, Triggering Mandatory Re-Advertisement
A vacancy on Maryland’s highest court opened when Court of Appeals Judge Glenn T. Harrell, who occupied the seat reserved for Prince George’s County, hit mandatory retirement age on June 27. The joke in legal circles has been that we’ll now learn whether there are any Republican lawyers in Prince George’s County (aside from a former lieutenant governor and RNC chair).
You can keep joking away. Steve Lash is reporting, from behind the The Daily Record paywall, that there were only two applications filed by today’s deadline. Both applications came from Democratic appointees to lower courts: Read More…
May 2015 Court of Appeals Certiorari Grants
The perfect Friday afternoon distraction on a sunny spring day: three new certiorari grants, including a constitutional challenge to statutory provisions regarding the involuntary medication of psychiatric patients. This month’s batch after the jump. Read More…
Sublet v. State: It is what it is… or is it?
One of the more ubiquitous idiomatic phrases used in recent years has been, “It is what it is.” In three consolidated cases decided last month by the Court of Appeals of Maryland, the Court turned that phrase around and focused on the question, “Is it what it is?” – or, more precisely, “Is it what it says it is?” On April 23, 2015, Judge Battaglia issued the Majority’s opinion in Sublet v. State, Sept. Term 2014, No. 42; Harris v. State, Sept. Term 2014, No. 59; and Monge-Martinez v. State, Sept. Term 2014, No. 60.[1] The cases concerned the authentication of information derived from social media, required the Court to expand on its four-year-old decision in Griffin v. State, 419 Md. 343 (2011), and inquired whether three trial judges had suitably answered whether the proffered social media “was what it says it was.” As part of that inquiry, the Court of Appeals adopted a standard to be used by trial judges in resolving the authentication issue. But, as will be discussed, the standard chosen by the Court presents yet another question: what standard of appellate review should be employed in assessing a trial court’s decision on authenticity?
A Brief Legal History of Baltimore Riots
By Steve Klepper (Twitter: @MDAppeal)
Wracked by feelings of powerlessness regarding Baltimore’s recent troubles, I did one thing I know how to do – I wrote a blog post.[1] I’ve seen debates on social media whether to label the events of this past week a “protest” or a “riot.” It’s a false dichotomy. We’ve had both protests and riots. And my adopted home city in fact has a long history of riots and litigation arising out of them. The decisions of the Court of Appeals of Maryland teach much about the history of Baltimore riots. Read More…
Maryland Appellate Blog 