Cases Pending Before The Court of Appeals

NOTE: Cases are added to this table when they are scheduled for oral argument. Note that oral argument dates may change at any time. After oral arguments, a link to the archived video recording is added. Cases are removed when the mandate issues (or, for attorney disciplinary matters, approximately 30 days after the opinion was filed).

Click on the column title to sort by that column.

Case No. Year Petitioner Respondent Cert. Granted Oral Arguments Opinion Filed Issues
026 AG
2018 Attorney Grievance Kaufman   2019-09-05
[Oral Arguments]
  Attorney disciplinary matter.
001
2019 State Alexander 2019-03-29 2019-09-05
[Oral Arguments]
  Criminal Procedure – 1) Does section 6-233(a) of the Criminal Procedure Article, which allows a trial court to terminate a probation, permit that court to dismiss a violation of probation (“VOP”) petition filed by the State simply because the violation alleged is technical and the probationer served the equivalent of the presumptive penalty in custody awaiting the hearing on the VOP petition? 2) In any event, where the record shows that the trial court was mistaken in concluding that Respondent’s probation had expired, did the trial court err in closing the probation?

Court of Special Appeals, No. 2069, Sept. Term, 2017 (unreported)
003
2019 Goshen Run Homeowners Ass'n Cisneros 2019-04-10 2019-09-05
[Oral Arguments]
  Commercial Law – 1) Does a confessed judgment clause in a promissory note/forbearance agreement involving homeowners association assessments that expressly preserves the right of the defendant to assert legal defenses, violate the Maryland Consumer Protection Act (“CPA”)? 2) Assuming, arguendo, that homeowners association assessments are consumer debts within the meaning of the CPA, if the consideration given by a payee to a promisor in a promissory note is the forbearance of debt collection activity on the antecedent debt, does such a promissory note relate to a “consumer transaction” under the CPA? 3) Assuming, arguendo, that the answer to the first question is affirmative, was it appropriate for the district court to invoke a severability provision in the note, sever the confession clause, and proceed to a trial on the merits, because the CPA does not provide the remedy of voiding contracts? 4) Did the circuit court misapply Maryland law when it determined that after a confessed judgment is vacated, it is impermissible to permit a trial on the merits on an amended complaint, as that would constitute “another bite at the apple,” and that such complaint should be dismissed pursuant to Rule 3-611(b)?

No. 9842D, Circuit Court for Montgomery County.
001 M
2019 Application of G.L.F.     2019-09-06
[Oral Arguments]
  In the Matter of the Application of G.L.F. for Admission to the Bar of Maryland
 
006
2019 Sabisch Moyer 2019-04-10 2019-09-06
[Oral Arguments]
  Courts & Judicial Proceedings – 1) Did CSA err in holding that Petitioner, while on probation before judgment and required as conditions of his probation to obey all laws, to have no contact with the victim, to have no unsupervised contact with children under age eighteen, to provide his current address to probation authorities, to register as a sex offender, and to report by telephone to his probation supervisor in Maryland every thirty days while residing in Michigan and to follow his supervisor’s lawful instructions, was not entitled to petition for the writ of habeas corpus pursuant to Md. Code Ann., Cts. & Jud. Proc, § 3-702, because he was not subject to “physical” restraint? 2) Did CSA err in holding that Petitioner, while on probation before judgment, was not entitled to petition for the writ of habeas corpus pursuant to § 3-702, because he was not present in Maryland at the time of the filing of his petition and because the conditions of Petitioner’s probation did not create a sufficient “presence” in Maryland while Petitioner was residing in Michigan? 3) Did the trial court err in denying Petitioner’s petition for writ of habeas corpus on grounds that Petitioner accepted probation before judgment and waived his right to appeal pursuant to § 6-220?

Court of Special Appeals, No. 1858, Sept. Term, 2017 (unreported)
007
2019 Greene State 2019-04-10 2019-09-06
[Oral Arguments]
  Criminal Law – 1) In a case of first impression, did CSA err in holding that Maryland adopts the “confirmatory identification” line of out-of-state cases that exempt from pre-trial constitutional review of “non-selective” identifications? 2) Did CSA err in reversing the trial court’s suppression of the identification of Petitioner, where police procedures used to obtain the identification violate due process? 3) Did CSA err in alternatively holding that the trial court failed to examine the appropriate factors in ruling the identification was inadmissible?

Court of Special Appeals, No. 2199, Sept. Term, 2018 [Opinion]
021 AG
2018 Attorney Grievance Ambe   2019-09-09
[Oral Arguments]
 
  Attorney disciplinary matter.
008
2019 Trotman State 2019-04-10 2019-09-09
[Oral Arguments]
  Criminal Law – As an issue of first impression, may a judge who retired in 2014, over defense objection, excuse for cause multiple veniremen who claim to be unable to climb 25 stairs, while refusing to consider possible accommodations for dealing with the veniremen’s disabilities or health problems, in a circuit court that has 35 judges and comprises two large courthouses?

Court of Special Appeals, No. 2331, Sept. Term, 2016 (unreported)
005
2019 Andrews & Lawrence Prof. Servs. Mills 2019-04-10 2019-09-09
[Oral Arguments]
  Commercial Law – The Maryland Consumer Protection Act “does not apply to” the “professional services” of a lawyer. In view of this exemption, can an attorney’s client be deemed to have violated the Act, or otherwise be subject to a claim for damages, based solely on the conduct of its attorney that, absent the attorney’s exemption, would, arguendo, constitute a violation of the Act?

Court of Special Appeals, No. 1460, Sept. Term, 2017 [Opinion]
030 Misc.
2018 Brown, Bottini & Wilson State   2019-09-10
[Oral Arguments]
  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?
002
2019 Telos Corp. Hamot 2019-03-29 2019-09-10
[Oral Arguments]
2019-09-11
[PC Order]
Torts – 1) Does Maryland law apply “more relaxed standards of proof with regard to the proof of the amount of damages,”in intentional interference cases, in order that the “wrongdoer shall bear the risk of the uncertainty which his own wrong has created”? 2) Did the trial court err in failing to apply those “relaxed standards of proof” when considering the evidence of Petitioner’s damages resulting from Respondents’ intentional interference with Petitioner’s contract with its auditor?

Court of Special Appeals, No. 1660, Sept. Term, 2017 (unreported)
009
2019 Johnson State 2019-04-22 2019-09-10
[Oral Arguments]
  Criminal Law – 1) Section 5-612 of the Criminal Law Article, which prohibits possession of certain quantities of controlled dangerous substances, provides that “[a] person who is convicted of a violation of subsection (a) of this section shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000.” What is the maximum allowable period of incarceration for a violation of this law? 2) Did the circuit court impose an illegal sentence of fourteen years of incarceration for a violation of section 5-612 of the Criminal Law Article?

Court of Special Appeals, No. 1718, Sept. Term, 2017 [Opinion]
004
2019 Frazier McCarron 2019-04-10 2019-10-02
[Oral Arguments]
  General Provisions – 1) For the imposition of a public fine under the Open Meetings Act (“OMA”), must the public body not only “willfully” meet “with knowledge” that its meeting is in violation of the Act, but also have a nefarious motive? 2) When the OMA is violated, but a trial court erroneously finds no violation, is that error “harmless” with respect to enforcing the Act? 3) Should the OMA be strictly construed to limit a public body’s actions to the closed meeting exceptions it publicly discloses prior to the meeting?

Court of Special Appeals, No. 1297, Sept. Term, 2017 (unreported)
012
2019 Wynne Comptroller 2019-05-14 2019-10-02
[Oral Arguments]
  Taxation – Did the trial court correctly hold that Section 16 of the Budget Reconciliation and Financing Act of 2014 does not violate the dormant Commerce Clause of the U.S. Constitution, even though it reduces the interest on tax refunds paid to a discrete class of taxpayers engaged in interstate commerce?

Court of Special Appeals, No. 3139, Sept. Term, 2018 (pending)
018
2019 Motor Vehicle Admin. Pollard 2019-06-07 2019-10-02
[Oral Arguments]
  Transportation – Was the administrative law judge in error to believe that a drunk driving suspect who refused a test for alcohol concentration could avoid a license suspension by asserting the defense he was “sheltering” in a vehicle without regard to the detaining officer’s reasonable grounds to believe that the motorist had been driving his vehicle while under the influence of alcohol?

No. C-05-CV-18-000156, Circuit Court for Caroline County
017
2019 Hoang Lowery 2019-06-07 2019-10-04
[Oral Arguments]
  Courts & Judicial Proceedings – 1) Did CSA ignore established precedent and rules of statutory construction in holding that the tolling statute provided for under Md. Cts. & Jud. Proc. § 5-202 indefinitely tolled, until the closure of the bankruptcy case, actions only against debtors denied a discharge in bankruptcy? 2) Assuming, arguendo, that the policy of the tolling statute should apply to cases where the debtor is denied a discharge, did CSA err in holding 1) that the statute applied to the creditor’s failure to renew his judgment; and 2) that the tolling should continue until the closure of the bankruptcy case?

Court of Special Appeals, No. 2085, Sept. Term, 2016 [Opinion]
020
2019 Simms State 2019-06-07 2019-10-04
[Oral Arguments]
  Criminal Procedure – 1) In order to issue a hospital warrant, which initiates the process of revoking conditional release granted to individuals who have been found guilty but not criminally responsible, does a trial court only have to find probable cause to believe that the individual violated a term of the conditional release order, or does the court also have to find probable cause to believe that the individual poses a danger to self, others, or property? 2) In order to comply with constitutional due process, must §3-121 of the Criminal Procedure Article be interpreted to require that a hospital warrant may be issued only where the warrant-issuing court finds probable cause to believe that the patient poses a danger to self, others, or property?

Court of Special Appeals, No. 1898, Sept. Term, 2017 [Opinion]
016
2019 Pinner Pinner 2019-06-07 2019-10-07
[Oral Arguments]
  Civil Procedure – Did the Circuit Court for Baltimore City abuse its discretion in holding that an out-of-state defendant had sufficient contact through her attorneys for specific personal jurisdiction under the Maryland long arm statute for failing to name a use plaintiff and give the notice required by Md. Rule 15-1001 in a protracted, still continuing wrongful death case that the out-of-state resident initiated in the same Maryland court and from which she received hundreds of thousands of dollars in settlements?

Court of Special Appeals, No. 1231, Sept. Term, 2017 [Opinion]
011
2019 Kazadi State 2019-05-14 2019-10-07
[Oral Arguments]
  Criminal Law – 1) Is a criminal defendant entitled, upon request, to voir dire questions aimed at identifying prospective jurors who are unable or unwilling to apply the principles that the State has the burden of proving the defendant guilty beyond a reasonable doubt, that the defendant is presumed innocent, and that the defendant has the right to remain silent and refuse to testify and that no adverse inference may be drawn from the defendant’s silence? 2) Where a critical State’s witness reveals pretrial that she and her minor child, also a witness, are subject to a deportation order, must the State provide in discovery the witness’s Alien Number and a copy of the deportation order so that defense counsel may identify potential impeachment evidence as described in Maryland Rules 5-608(b) and 5-616(a)(4)? 3) Where defense counsel has a good-faith basis to believe that critical State’s witnesses are the subject of deportation orders, is defense counsel entitled to cross-examine those witnesses about their immigration issues pursuant to Maryland Rules 5-608(b) and 5-616(a)(4), the Sixth Amendment to the United States Constitution, and Article 21 of the Maryland Declaration of Rights?

Court of Special Appeals, No. 779, Sept. Term, 2017 [Opinion]
015
2019 Motor Vehicle Admin. Medvedeff 2019-05-14 2019-10-07
[Oral Arguments]
  Transportation – Is it error for an administrative law judge to impose credibility determinations and inferences from circumstances at the scene of a drunk driving arrest in making a legal determination that the detaining officer lacked reasonable grounds to suspect that the person sitting in the driver’s seat after a traffic stop was driving and, therefore, that the officer could not request that the detainee take an alcohol concentration test under Transportation Art. § 16-205.1?

No. C-06-CV-18-00090, Circuit Court for Carroll County
019
2019 Credible Behavioral Health Johnson 2019-06-07 2019-10-08
[Oral Arguments]
  Courts & Judicial Proceedings – 1) Did the trial court erroneously apply Md. Rule 7-113(f) when it reviewed the district court’s construction of a contract’s terms for clear error rather than de novo? 2) Did the plain terms of the parties’ promissory note (“Note”) entitle Petitioner to a judgment against the Respondent? 3) In interpreting the Note, did Maryland law require the trial court to choose the one among two possible readings of the Note that was consistent with the parties’ intent?

No. 9858D, Circuit Court for Montgomery County
014
2019 Peterson State 2019-05-14 2019-10-08
[Oral Arguments]
  Criminal Procedure – 1) Is postconviction relief available to a person who has been convicted of a crime, found to be not criminally responsible, and is either committed to a psychiatric hospital or on conditional release? 2) Is coram nobis relief available to a person who has been convicted of a crime, found to be not criminally responsible, and is either committed to a psychiatric hospital or on conditional release? 3) Did CSA err in holding that Petitioner, who was convicted of a crime and found not to be criminally responsible and was on conditional release, was not eligible to collaterally challenge his convictions by either a postconviction petition or a petition for writ of coram nobis?

Court of Special Appeals, No. 2332, Sept. Term, 2013; No. 474, Sept. Term, 2014
021
2019 Neal Bd. of School Comm'rs. 2019-06-07 2019-10-08
[Oral Arguments]
  Courts & Judicial Proceedings – 1) Did CSA err in holding that the trial court’s order granting a Motion to Enforce Judgments against a school board pursuant to Md. Code (2013 Repl. Vol.) §5-518 of the Courts & Judicial Proceedings Article (“CJP”) was barred by res judicata? 2) May a judgment solely against a school board employee be levied against a school board pursuant to CJP §5-518?

Court of Special Appeals, No. 2366, Sept. Term, 2017 (unreported)
022
2019 Motor Vehicle Admin. Barrett 2019-06-07 2019-10-31   Transportation – Did the administrative law judge correctly find that a driver detained for driving under the influence of alcohol failed to rebut a police officer’s certification that he was fully advised of the administrative sanctions of Md. Code (2018 Supp.) §16-205.1 of the Transportation Article after being given a copy of the DR-15 Advice of Rights form, which the officer read aloud to him, and thereafter asked the motorist seven times if he wanted to take a test for alcohol concentration, which the motorist refused?

Circuit Court for Anne Arundel County, No. C-02-CV-18-002886
029
2019 State Mann 2019-07-12 2019-10-31   Criminal Law – Did CSA err when it held that defense counsel’s failure to request an alibi jury instruction was prejudicial, for the purpose of Strickland v. Washington, 466 U.S. 668 (1984), when the presence of that instruction would not have presented a likelihood of a different outcome of the trial?

Court of Special Appeals, No. 80, Sept. Term, 2018 [Opinion]
027
2019 McFarland Balt. Comm. Lending 2019-07-12 2019-10-31   Financial Institutions – 1) For joint-ownership bank accounts, should the “equal share” approach apply under Maryland law to impose a rebuttable presumption that all account holders own equal shares of the funds held in a joint account? 2) Did CSA err in holding that Petitioner failed to meet her burden of proving (by clear and convincing evidence) that she was the sole owner of her social security and pension retirement funds in the bank account?

Court of Special Appeals, No. 2103, Sept. Term, 2017 (unreported)
040 AG
2018 Attorney Grievance Miller   2019-11-04   Attorney disciplinary matter.

 
023
2019 Gables Construction Red Coats 2019-06-24 2019-11-04   Torts – As a matter of first impression, did CSA err in holding that a defendant can be liable for joint tortfeasor contribution even though it is not liable to the injured person in tort by virtue of a contractual waiver of claims covered by insurance?

Court of Special Appeals, No. 907, Sept. Term, 2017 [Opinion]
028
2019 Tunnell State 2019-07-12 2019-11-04   Criminal Procedure – Is the 180-day deadline set forth by Md. Rule 4-271 and Md. Code (2008 Repl. Vol.) § 6-103 of the Criminal Procedure Article, known as the ‘Hicks Rule,’ tolled while the State awaits the results of DNA testing?

Court of Special Appeals, No. 2061, Sept. Term, 2017 (unreported)
077 AG
2015 Attorney Grievance Rheinstein   2019-11-05   Attorney disciplinary matter.

 
025
2019 State Zadeh 2019-07-12 2019-11-05   Criminal Law – 1) When a jointly tried defendant claims that there were too many limiting instructions for a jury to effectively follow, should the reviewing court first consider whether the limiting instructions were justified by non-mutually admissible evidence? 2) When a warrant authorizes the seizure of certain evidence from a car, and an officer, during a lawful frisk of the driver, feels evidence that falls within the warrant, does the plain-feel doctrine permit the seizure of that evidence?

Court of Special Appeals, No. 1329, Sept. Term, 2017 (unreported)
024
2019 Rossello Zurich Amer. Insurance 2019-07-12 2019-11-05   Insurance Law – Does Maryland Law construe Respondent’s 1974 insurance policies as promising to pay the judgment in full, contrary to the law of some other states?

Court of Special Appeals, No. 2436, Sept. Term, 2018 (pending)
062 AG
2018 Attorney Grievance Planta   2019-12-05   Attorney disciplinary matter.
003 Misc.
2019 Plank Cherneski   2019-12-05   Certified Question from the Court of Special Appeals

Questions - 1) May minority members of an LLC (a) bring a stand-alone cause of action for breach of fiduciary duty against the managing member of the LLC (b) premised on allegations that the managing member was engaged in unlawful actions that placed at risk the investments of the minority members? 2) If so, is such a claim (a) limited to allegations that would support another viable cause of action, (b) limited to allegations that would not also support another viable cause of action, or (c) not limited by whether or not there is another viable cause of action to address the same conduct?
 
035
2019 Estate of Blair Austin 2019-08-06 2019-12-05   Torts – Did CSA err when, based solely on their interpretation of the video evidence that the jury considered in reaching its verdict, it overturned the jury’s factual finding that Respondent exceeded the level of force that an objectively reasonable officer in his situation would have used?

Court of Special Appeals, No. 580, Sept. Term, 2017 (unreported)
044 AG
2018 Attorney Grievance Milton   2019-12-06   Attorney disciplinary matter.
026
2019 In re: O.P.   2019-07-12 2019-12-06   Courts & Judicial Proceedings – 1) Is the preponderance of the evidence standard adopted by the intermediate appellate court inconsistent with the plain language and protective purpose of the shelter-care statute? 2) Did CSA err in finding that the juvenile court did not commit error and abuse its discretion when it denied the local department’s petition to place in shelter care an infant who had suffered unexplained brain injuries consistent with non-accidental trauma and whose parents had delayed seeking medical treatment for four full days after the infant had stopped breathing for several minutes? 3) Does the appellate court have jurisdiction over a State appeal from an order denying a request for shelter care? 4) Given the fundamental, Constitutional right that parents and children have to an intact family free from unwarranted governmental interference, must the juvenile court apply a clear and convincing or preponderance of the evidence standard of proof, rather than a mere reasonable basis standard, during a shelter care hearing, where the State seeks to separate children from their parents due to an alleged need to prevent serious, immediate harm?

Court of Special Appeals, No. 2877, Sept. Term, 2018 [Opinion]
038
2019 Nationwide Mut. Insurance Shilling 2019-08-26 2019-12-06   Insurance – Did CSA err in holding that the statute of limitations for an underinsured motorist claim starts to run on the date a plaintiff executes a release with the tortfeasor’s insurance carrier, thereby allowing a plaintiff to unilaterally determine when the statute of limitations runs, prejudicing defendants?

Court of Special Appeals, No. 515, Sept. Term, 2018 [Opinion]
001 AG
2019 Attorney Grievance Dailey   2019-12-09   Attorney disciplinary matter.
034
2019 Pettiford Next Generation Trust 2019-08-26 2019-12-09   Real Property – 1) Did the district court err by failing to dismiss Respondent’s summary ejectment complaint when Respondent had not obtained, prior to renting the property to Petitioner, a permit required by law for the property to be occupied? 2) Did the district court err when it effectively denied Petitioner the opportunity to assert a warranty of habitability defense and denied Petitioner’s attempted rent escrow defense? 3) Did the circuit court erroneously affirm the district court’s entry of a consent judgment after Petitioner raised multiple defenses, had not come to any agreement with Respondent, and neither party had requested entry of a consent judgment?

No. 34-C-19-000329, Circuit Court for Baltimore City
013
2019 Lee Lee 2019-05-14 2019-12-09   Courts & Judicial Proceedings – 1) When a judgment has been entered properly in a trial court’s electronic case management system in compliance with Maryland Rule 2-601(b)(2), must the docket entry and its date of entry also be identified clearly on the Case Search feature of the Judiciary website in order for there to have been an “entry” of the judgment to begin the 30-day time period in which an appeal must be filed? 2) When a federal court judgment is recorded and entered in a Maryland circuit court, may the state court judgment be renewed independently of any renewal of the federal court judgment?

Court of Special Appeals, No. 1732, Sept. Term, 2017 [Opinion]
030
2019 Barclay Castruccio 2019-08-26 2019-12-10   Torts – 1) Did the trial court err when it ruled that the cause of action for intentional interference with an expectancy is not a cause of action under Maryland law? 2) Did Petitioner adequately plead facts to succeed on a claim of intentional interference with an expectancy?

Court of Special Appeals, No. 2488, Sept. Term, 2017 (unreported)
031
2019 Podieh State 2019-08-26 2019-12-10   Criminal Law – 1) When the plain language of the immigration statutes is clear, must counsel correct a client’s known erroneous belief regarding the availability of immigration defenses following a plea to an aggravated felony? 2) Does the Sixth Amendment to the U.S. Constitution apply to immigration advice obtained to assist in evaluating a plea offer? 3) Did CSA wrongly overturn the postconviction court’s findings of facts and misapply the third prong of the Mickens v. Taylor, 240 F.3d 348 (4th Cir. 2001)(en banc), aff’d 535 U.S. 162 (2002), test governing conflict of interest claims?

Court of Special Appeals, No. 560, Sept. Term, 2017
036
2019 Couret-Rios Fire & Police Emp. Retirement 2019-08-26 2019-12-10   Local Codes – Did the hearing examiner commit an error of law when she awarded line-of-duty disability benefits based on a finding of fact that Petitioner suffered from attention and memory deficits as a result of a traumatic brain injury sustained while performing his job?

Court of Special Appeals, No. 2493, Sept. Term, 2017