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By Steve Klepper (Twitter: @MDAppeal) On Friday, I’ll have the pleasure of moderating the annual Supreme Court Term in Review panel at the MSBA Annual Meeting. The program is sponsored by the MSBA Section of Litigation and its Appellate Practice Committee. Our all-#AppellateTwitter panelists this year are: Sarah Harrington (@SEHarringtonDC), who has argued 20 cases […]
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On Friday, June 7th, the Court of Appeals granted the following writs of certiorari: Credible Behavioral Health, Inc. v. Emmanuel Johnson – Case No. 19, September Term, 2019 (District Court Appeal, from the Circuit Court for Montgomery County) Issues – Courts & Judicial Proceedings – 1) Did the trial court erroneously apply Md. Rule 7-113(f) when […]
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The Court of Appeals ended its arguments on Friday, the last of the September 2018 Term, by congratulating Judge Clayton Greene, Jr. on his forthcoming retirement from the court at the end of this month. As Chief Judge Barbera’s comments reflect, Judge Greene will continue to sit by designation on the Court of Special Appeals […]
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By Alan Sternstein An October 2018 post on this Blog covered the Court of Appeals’ decision to review two cases on the burgeoning and ever complex subject of taxpayer standing. On April 1, 2019, the Court decided Floyd v. Baltimore, and George v. Baltimore Co., adding those decisions to its lengthy and growing commentary on […]
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The Court of Appeals today issued its first certiorari grants since Judge Brynja Booth took the bench last month. There were a total of five grants. They include a sequel to Comptroller v. Wynne, where in 2015 the Supreme Court, affirmed a Court of Appeals decision striking down portions of the state tax code as […]
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By Steve Klepper (Twitter: @MDAppeal) The Maryland Court of Appeals has been granting fewer certiorari petitions this term. Now we have some numbers to help analyze that decline. For two years now, I’ve tracked the Court of Appeals’ petition docket. The judiciary’s annual statistical reports give the overall grant rate for civil and criminal certiorari […]
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Yesterday, the Maryland Court of Appeals granted two petitions in criminal cases that it will hear in the fall. (Update: After the Court of Appeals granted certiorari in State v. Santos, the State voluntarily dismissed its appeal.)   Dana T. Johnson, Jr. v. State of Maryland – Case No. 9, September Term, 2019 (Reported COSA Opinion […]
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By Steve Klepper (Twitter: @MDAppeal) Few Maryland lawyers are accustomed to advance notice of which judges will be deciding their appeal. The Fourth Circuit and the Court of Special Appeals have traditionally kept the identities of three-judgment panels secret until the morning of argument. But the Court of Special Appeals will now be announcing panels […]
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By Karen Federman Henry It’s not really new—corporations cannot participate in court proceedings without an attorney.  The same concept applies to the otherwise informal process before an administrative agency.  So what should a corporation do when its counsel withdraws from an administrative proceeding?  The Court of Special Appeals recently answered the question in an unreported […]
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On Wednesday, the Maryland Court of Appeals granted certiorari in six cases (four civil and two criminal) and, in a miscellaneous docket proceeding, accepted certified questions from the Court of Special Appeals to resolve three criminal appeals. Those cases, with questions presented, are below. Andrews & Lawrence Professional Services, LLC and Galyn Manor Homeowners Association, […]
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