Certified Questions of Law Currently Before the Court of Appeals

September Term, 2017

For further information, please contact the Clerk's Office at 410-260-1500.

 

Randy Morquell Brown v. State of Maryland; Gianpaolo Bottini v. State of Maryland; Kitrell B. Wilson v. State of Maryland - Misc. No. 30, September Term, 2018

Certified Question from the Court of Special Appeals

Questions - 1) Does the authority granted to the courts by Criminal Law Article § 5-609.1 to modify mandatory minimum sentences for certain drug-related offenses extend to cases in which the sentences were imposed as the result of binding plea agreements and the State does not consent to modification? 2) Does the authority granted to the Courts by § 5-609.1 to modify such sentences extend to cases in which the sentences were imposed as the result of binding plea agreements in which the defendant waived his or her right to seek a modification of sentence? 3) Does § 5-609.1 require the circuit court to hold a hearing before granting or denying a motion to modify a sentence filed pursuant to the statute? 4) When does the Court of Special Appeals have jurisdiction to consider an appeal from an order denying a § 5-609.1 motion to modify a sentence?

To be argued in the September, 2019 session of Court.

Counsel for appellants: Brian M. Saccenti, Marc A. DeSimone, Jr., Piedad Gomez, Sara Y. Lucas *, Timothy Scott *, Saikrishna Srikanth *  
Counsel for appellees: Cathleen C. Brockmeyer, Benjamin A. Harris, Edward J. Kelley

* Law students certified to practice under Rule 19-217.