HIGHLIGHTED CASES
No. 68 - September Term 2011
Alonzo J. King v. State of Maryland
Oral Arguments heard Monday, January 9, 2012 at 10:00am. [Oral Arguments]
Issues - Criminal Law - (1) Did the trial court err by denying appellant's motion to suppress DNA evidence obtained through a warrantless search conducted without any individualized suspicion of wrongdoing? (2) Did the court below improperly shift the burden of proof to the defense to demonstrate that a search or seizure made without individualized suspicion is unreasonable?
Question Presented to the United States Supreme Court: Does the Fourth Amendment allow the States to collect and analyze DNA
from people arrested and charged with serious crimes?
A petition for a writ of certiorari was granted by the United States Supreme Court, November 9, 2012.
Oral arguments heard by the United States Supreme Court
on Tuesday, February 26, 2013. [Transcript] [Link to Oral Arguments Audio]
U.S. Supreme Court No. 12-207 Docket Entries
07-30-12: In Chambers Opinion by Chief Justice Roberts on the State's application for a stay of the Court of Appeals' judgment pending the Supreme Court's disposition of its petition for a writ of certiorari
Application 12A48 Docket Entries: Application by the State of Maryland for a stay of the judgment and mandate pending the filing and disposition of a petition for a writ of certiorari
No. 100 - September Term 2012
Gregory Hall, et al. v. Prince George's County Central Democratic Committee, et al.
Oral Arguments heard Friday, January 4, 2012. [Oral Arguments]
Issues – State Government - 1) As a matter of first impression, under Art. III, § 13(a)(1) of the MD Constitution where a central committee submits a name to the Governor within 30 days of a vacancy of office in the House of Delegates, does the Governor have a mandatory duty to appoint the person whose name is submitted to him within 15 days? 2) As a matter of first impression, what is the final day for the Governor to perform his duty to appoint under Art III, § 13(a)(1) of the MD Constitution where the 15th day following submission of the name falls on a legal holiday? 3) As a matter of first impression, does the central committee have any authority to rescind the name it submitted to the Governor under MD Constitution Art. III, § 13(a)(1) more than 30 days after the event that created the vacancy in the House of Delegates. 4) Should a writ of mandamus issue to the Governor to appoint the central committee's nominee if he fails to do so after 15 days? 5) Did the trial court err in considering on summary judgment an affidavit that was based upon "information and belief"? 6) Does Art. XV, § 2 of the MD Constitution permit the expulsion of a duly-elected legislator who received a final disposition of probation before judgment? 7) Where charges against an elected official resulted in a final disposition of probation before judgment in another county, did the lower court have the power to revoke this disposition and disqualify that official from completing her term in office?
12-06-12: Petition for writ of certiorari filed.
12-06-12: Order staying the Judgment of the Circuit Court for Prince George's County
12-10-12: Governor Martin O'Malley's Motion to Lift Stay
12-11-12: Second petition filed titled: Tiffay T. Alston v. Speaker Michael E. Busch, et al.
12-11-12: Delegate Tiffany T. Alson's Response in opposition to motion to lift stay
12-12-12: Answer of Respondent Prince George's County Democratic Committee to Plaintiff Gregory Hall's petition for writ of certiorari
12-12-12: Response of Respondent Prince George's County Democratice Committee to Governor Martin O'Malley's motion to lift stay
12-13-12: Order of Court of Appeals granting Writ of Certiorari
12-20-12:
Brief of Appellant Gregory Hall
12-20-12: Brief of Appellant Tiffany T. Alston
12-27-12: Brief of Appellee Prince George's County Democratic Central Committee
12-27-12: Brief of Appellees Governor Martin O'Malley and Speaker Michael E. Busch
01-02-13: Reply Brief of Appellant Gregory Hall
01-02-13: Tiffany T. Alston's Reply Brief
01-04-13: Order
filed
No 6 - September Term 2010
Norman Bruce Derr v. State of Maryland
Oral Arguments heard September 2, 2010. [Oral Arguments]
Oral Arguments on Remand from the United States Supreme Court held Friday, January 4, 2012. [Oral Arguments]
Issues - Criminal Law - Whether appellant's federal and state constitutional rights of confrontation were violated when the state was permitted to introduce: (1) the opinion by a serology examiner through the testimony of an expert who did not participate either directly or in a supervisory capacity in the serological testing without calling the serology examiner as a witness or showing that the examiner was unavailable and that appellant had a prior opportunity to cross-examine the examiner? (2) the results of DNA testing of biological evidence through the testimony of an expert who did not participate either directly or in a supervisory capacity in the DNA testing without calling the DNA analyst who performed the testing as a witness or showing that the analyst was unavailable and appellant had a prior opportunity to cross-examine the analyst?
A petition for a writ of certiorari was granted by the United States Supreme Court, 06-29-12.
U.S. Supreme Court Petition No. 11-694 Docket Entries
06-29-12: U.S. Supreme Court order disposing of the case (The judgment is vacated and the case remanded back to the Court of Appeals for further consideration in the light of Williams v. Illinois, 567 U.S. _____ (2012).
Williams v. Illinois (The U.S. Supreme Court Opinion referenced in the summary disposition.)
Misc. Nos. 2, 3, & 5 - September Term 2012
2012 Legislative Districting of the State
Oral Arguments heard
Wednesday November 7, 2012 at 10:00 a.m. [Misc 2. Oral Arguments][Misc. 3 Oral Arguments][Misc 5. Oral Arguments]
11-09-12: Order of the Court of Appeals In the Matter of the 2012 Legislative Districting of the State
09-20-12: Report of the Special Master
05-30-12: Order
03-06-12: Order
No. 87 - September Term 2008
Stop Slots MD 2008, et al. v. State Board of Elections
Oral Arguments heard Monday, September 15, 2008. [Oral Arguments]
01-06-12: Opinion
09-15-08: Per Curiam Order
Appellants' Brief
Appellees' Brief
No. 88 - September Term 2008
IAFF 1715, et al. v. Mayor and City Council of Cumberland, et al.
Oral Arguments heard Monday, September 15, 2008. [Oral Arguments]
12-22-08: Opinion
09-15-08: Per Curiam Order
Appellants' Brief
Brief of Appellee State Board of Elections
Memorandum of Appellee/Cross-Appellant
Petition for Writ of Certiorari
No. 61 - September Term 2008
Jane Doe, et al. v. Montgomery County Board of Elections
Oral Arguments heard Monday, September 8, 2008. [Oral Arguments]
Issues - Constitutional Law - (1) Did the trial court err in ruling that a voter challenge to the certification of a referendum petition that failed to carry the required number of signatures, which challenge was filed within ten days of the certification, is nonetheless partially time-barred? (2) Did the trial court err in holding that the Board is required to include inactive voters in calculating the total number of registered voters in Montgomery County?
12-19-08: Opinion
09-09-08: Per Curiam Order
Reply Brief of Respondent/Cross-Petitioner
Brief of Respondent/Cross-Petitioner
Brief of Appellants/Cross-Appellees
Reply Brief of Appellants/Cross-Appellees
Amicus Curiae:
No. 121 - September Term 2007
Michael D. Smigiel, Sr., et al. v. Peter V. R. Franchot, et al.
Oral arguments heard Tuesday, March 11, 2008. [Oral Arguments]
Issue - Constitutional Law - May lawmakers delegate decisions to voters by passing statutes which are contingent upon popular approval of duplicitious constiutional amendments?
08-26-09: Opinion
03-12-08: Per Curiam Order
Petitioners Reply Brief
Brief of Petitioners
Brief of the State Respondents
No. 122 - September Term 2007
State Board of Elections v. Clifford E. Snyder, Jr.***State Board of Elections v. Richard D. Boltuck
Oral arguments heard Friday, February 8th. [Oral Arguments]
Appellant's Brief
Memorandum of Appellee Clifford E. Snyder, Jr.
Record Extract
Brief of Appellee Richard Boltuck
No. 14 - September Term 2007
Maryland v. Maouloud Baby
Oral arguments heard Tuesday, October 2. [Oral Arguments]
Issue - Criminal Law - If a woman during sexual intercourse withdraws consent but is forced to continue against her will is she a victim of rape?
Petitioner's Brief
Respondent's Brief
Reply Brief of Petitioner and Brief of Cross-Respondent
Respondent/Cross-Petitioner's Reply Brief
Amicus Curiae: