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).

Otto v. State
Case No. 060, September Term 2017

Criminal Procedure – On the question of applying the common law Rule of Completeness for single statements, did the lower courts err after Respondent submitted a paragraph-long snippet of a 13-page long jailhouse conversation as evidence of Petitioner’s consciousness of guilt when; (1) the trial court acknowledged there were “muddled” thoughts going to multiple motivations of Petitioner, yet refused to provide the jury any other context or part of the conversation due to Respondent’s objection, (2) the correct legal standard and presumption “universally conceded” under the common law is the rest of the conversation was out of fairness to be provided to the jury as requested by Petitioner, not the other way around, and (3) CSA acknowledges it may have disagreed with the narrow “subject” definition construed by the trial court, yet did not find any error in the trial court’s refusal to provide any part of the “remainder” to the jury?

Court of Special Appeals, No. 2758, Sept. Term, 2015 (unreported)

Cert. Granted:
Oral Arguments:
2018-03-05
Opinion Filed:
Attorney Grievance v. Slate
Case No. 005 AG, September Term 2017

Attorney disciplinary matter

Cert. Granted:
Oral Arguments:
2018-02-01
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
Johnson v. State
Case No. 006, September Term 2017

Criminal Law – 1) Does CSA’s opinion in Gross v. State, 229 Md.App. 24 (2016), holding that expert testimony is not necessary for the admission of GPS-derived location evidence, conflict with this Court’s opinion in State v. Payne, 440 Md. 680 (2014)? 2) As applied in this case, did the trial court err under Payne in permitting a State’s witness to read a cell phone’s GPS location record to the jury and permitting that witness to interpret those records, when the witness admitted that he did not understand how the technology worked or how it produced the record at issue? 3) Was this question properly preserved for appellate review?

Court of Special Appeals, No. 1533, Sept. Term, 2015 (Unreported)

Cert. Granted:
Oral Arguments:
2017-09-12
Opinion Filed:
None at this time
Attorney Grievance v. Jacobs
Case No. 013 AG, September Term 2017

Attorney disciplinary matter.

Cert. Granted:
Oral Arguments:
2018-04-05
Opinion Filed:
People's Counsel v. Public Service Comm'n
Case No. 015, September Term 2017

Public Utilities – 1) Did the Public Service Commission make an error of law by failing to conclude that the premium that PHI’s shareholders received as a result of its acquisition by Exelon Corp. violated § 6-105 of the Public Utilities Article and the regulatory compact governing the obligations and rights of monopolistic utilities in that it harmed customers and was inconsistent with the public interest? 2) Does the Commission’s unexplained conclusion that allegations of harm to the distributed generation and renewable energy markets resulting from Exelon’s acquisition of PHI were “speculation” render the Commission’s decision to approve the acquisition arbitrary and capricious?

Court of Special Appeals, No. 2547, Sept. Term, 2015 (Unreported)

Cert. Granted:
Oral Arguments:
2017-10-10
Opinion Filed:
None at this time
Attorney Grievance v. Powell
Case No. 009 AG, September Term 2017

Attorney disciplinary matter.

Cert. Granted:
Oral Arguments:
2018-04-06
Opinion Filed:
Carter v. State
Case No. 054, September Term 2017

Criminal Procedure – 1) Does a juvenile homicide inmate have standing to challenge a life sentence he is presently serving based on Miller v. Alabama, 132 S.Ct. 2455 (2012), and Montgomery v. Louisiana, 136 S.Ct. 718 (2016), on the theory that the sentence does not afford him a meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation and the sentencing judge did not comply with the process set forth by those cases to insure that such a sentence is only imposed on the rare incorrigible juvenile offender, and is such a challenge ripe for review? 2) Do life sentences imposed on juvenile offenders in Md. afford them a meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation? 3) If so, did the sentencing judge consider the distinctive and mitigating aspects of youth in the manner required by Miller and Montgomery (and made retroactive by the latter) to ensure that such a sentence was imposed only on the rare incorrigible juvenile homicide offender?

Court of Special Appeals, No. 1150, Sept. Term, 2016 (unreported)

Cert. Granted:
Oral Arguments:
2018-02-06
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
Harris v. State
Case No. 009, September Term 2017

Criminal Law – 1) Did the trial court abuse its discretion by issuing a missing witness instruction concerning Petitioner’s mother, without conducting any inquiry or making any findings as to whether they had a relationship that would have rendered her peculiarly available to the defense? 2) Is a mother/son relationship, without more, sufficient to establish that the mother is peculiarly available to the son for purposes of the missing witness rule? 3) Did CSA err in finding that the trial court committed harmless error when it allowed a detective to testify that Petitioner had invoked his right to an attorney during a police interview?

Court of Special Appeals, No. 484, Sept. Term, 2015 (Unreported)

Cert. Granted:
Oral Arguments:
2017-10-11
Opinion Filed:
None at this time
In the Matter of the Aaron Living Trust
Case No. 021, September Term 2017

Estates & Trusts – Did the trial court err in entering an order approving restatement of the living trust in which the court approved the Trustees’ restatement of the trust with respect to the survival of the Aaron Family Foundation?

Court of Special Appeals, No. 253, Sept. Term, 2016 (Unreported)

Cert. Granted:
Oral Arguments:
2017-11-02
Opinion Filed:
None at this time
In re: J.C.N.
Case No. 073, September Term 2017

Health General – 1) Did CSA err when it found that Petitioner’s challenge to the involuntary admission was moot? 2) Did CSA err when it concluded that the hospital complied with the 10 day deadline for the involuntary admission hearing and that dismissal was inappropriate? 3) Did CSA err when it found substantial support in the record for the administrative law judge’s conclusion that Petitioner presented a danger to the life or safety of herself or others?

Court of Special Appeals, No. 1021, Sept. Term, 2016 (unreported)

Cert. Granted:
Oral Arguments:
2018-04-10
Opinion Filed:
Application of Overall
Case No. 016 Misc., September Term 2017

In the Matter of the Application of Mark Andrew Overall for Admission to the Bar of Maryland
Cert. Granted:
Oral Arguments:
2017-11-06
Opinion Filed:
2017-12-18
O'Sullivan v. Altenburg
Case No. 045, September Term 2017

Corporations & Associations – 1) Can the trial court dismiss a foreclosure because a foreign statutory trust lacks a collection agency license under the Maryland Collection Agency Licensing Act (“MCALA”), despite established Md. authority holding that entities, such as a trustee of the trust and its substitute trustees, may enforce a promissory note indorsed in blank in their possession, regardless of who owns the debt or the foreign statutory trust’s legal status? 2) Does pursuing a foreclosure constitute “doing business as a collection agency” in Md. under MCALA? 3) Is a foreclosure action a “consumer claim” to collect “money owed” under MCALA? 4) Does a foreign statutory trust that owns mortgage assets fall under MCALA’s “trust company” exemption?

Court of Special Appeals, No. 1613, Sept. Term, 2016 (Pending)

Cert. Granted:
Oral Arguments:
2017-11-30
Opinion Filed:
None at this time
State v. Brookman & Carnes
Case No. 029, September Term 2017

Criminal Procedure – 1) Do sanctions, imposed by a trial court in conjunction with participation in the problem-solving Drug Court programs in Respondents’ criminal cases, not constitute court action subject to appellate review where there is no finding of a violation of probation? 2) If properly before CSA for review, did the trial court properly impose the Drug Court menu sanctions provided for in Respondents’ cases for Respondents’ respective violations of the conditions of their Drug Court participation? 3) Is this controversy moot? 4) Does Rule 16-206(e) permit a drug court to impose a sanction involving the loss of a defendant’s liberty in violation of the drug court agreement? 5) Is a Drug Court sanction involving a loss of liberty imposed in violation of the protocols of Rule 16-206(e) and the drug court agreement a reviewable judgment pursuant to an application for leave to appeal?

Court of Special Appeals, No. 182, Sept. Term, 2016 [Opinion]

Cert. Granted:
Oral Arguments:
2018-01-05
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
In the Matter of Judge Reese
Case No. 002 JD, September Term 2017

Judicial disabilities matter.

Cert. Granted:
Oral Arguments:
2018-03-06
Opinion Filed:
Duffy v. CBS Corporation
Case No. 041, September Term 2017

Torts – 1) Did CSA err in holding that the term “arising” used in § 2 of the original statute of repose actually means “accruing” in contravention of this Court’s holding in John Crane, Inc. v. Scribner? 2) Did CSA err in holding that Respondent had a constitutional vested right to repose prior to the effective date of the 1991 amendment to the statute which explicitly exempted manufacturers of asbestos-containing products from the scope of repose? 3) As applied, does CSA’s decision violate Petitioner’s constitutional right to access the courts?

Court of Special Appeals, No. 453, Sept. Term, 2015 []

Cert. Granted:
Oral Arguments:
2017-12-01
Opinion Filed:
None at this time
State v. Clements
Case No. 057, September Term 2017

Criminal Procedure – 1) Did CSA err in dismissing Petitioner’s appeal? 2) Did the trial court err in considering, and granting, Respondent’s motion to set aside an “illegal” sentence?

Court of Special Appeals, No. 2607, Sept. Term, 2016 (unreported)

Cert. Granted:
Oral Arguments:
2018-02-06
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
Seaborne-Worsley v. Mintiens
Case No. 026, September Term 2017

Torts – 1) In an automobile collision case, can the negligence of a permissive driver be imputed to a sole-owner passenger who is seeking recovery for injuries caused by a negligent third-party driver? 2) Was the non-party driver’s negligent parking a proximate cause of the accident?

Circuit Court for Baltimore County, No. 03-C-16-012948

Cert. Granted:
Oral Arguments:
2017-12-04
Opinion Filed:
None at this time
Precision Small Engines v. College Park
Case No. 043, September Term 2017

Land Use – Did CSA err in declaring that the memorandum of understanding between the City of College Park and the county restricts the authority of the city to issue non-residential building and occupation permits?

Court of Special Appeals, No. 774, Sept. Term, 2016 []

Cert. Granted:
Oral Arguments:
2017-12-05
Opinion Filed:
None at this time
Hanson-Metayer v. Rach
Case No. 059, September Term 2017

Courts and Judicial Proceedings – 1) Did the District Court A) exceed its jurisdiction by denying a motion to stay despite the dicta in McKlveen v. Monika Courts Condominium, 208 Md.App. 369 (2012) or B) commit constitutional error by denying a motion to dismiss or demand for a jury trial given the claims at issue had identical counterparts already pending in the circuit court with a jury demanded? 2) Did the circuit court, on appeal, erroneously find the case to be moot despite the fact that Respondent sought to use the very judgment being challenged to obtain a warrant of restitution, that the judgment has multiple collateral consequences, and the exception to mootness doctrine articulated in Mercy Hosp., Inc. v. Jackson, 306 Md. 556 (1986) applies?

Circuit Court for Prince George's County, No. CAL17-07312

Cert. Granted:
Oral Arguments:
2018-03-01
Opinion Filed:
Bell & Bon Secours Hosp. v. Chance
Case No. 036, September Term 2017

Torts – In a wrongful death action based on a suicide, is a defendant psychiatrist who discharged the decedent instead of continuing his involuntary commitment entitled to civil immunity under Health-General Article § 10-618 and Williams v. Peninsula Regional Medical Center, 440 Md. 573, 103 A.3d 658 (2014)?

Court of Special Appeals, No. 2259, Sept. Term, 2014 (unreported)

Cert. Granted:
Oral Arguments:
2018-01-05
Opinion Filed:
None at this time
Christian v. Maternal-Fetal Medicine Assoc.
Case No. 051, September Term 2017

Courts & Judicial Proceedings – 1) Did CSA apply the correct legal standard in affirming, in part the trial court’s prior determination that Petitioner did not have a good faith basis under Md. Rule 1-341 to bring a claim for fraud in the inducement, negligent misrepresentation and wrongful termination/constructive discharge where CSA viewed the record in the light most favorable to Respondent, ignored evidence and inferences that supported Petitioner’s good faith basis to bring those claims, and did not instruct the trial court to review on remand the entirety of information supporting Petitioner’s claims rather than solely the evidence admitted at trial? 2) Should this Court adopt the legal standard set forth by the U.S. Supreme Court in Fox v. Vice, 563 U.S. 826 (2011) in determining the movant’s burden of proof for establishing damages for a claimed violation of Md. Rule 1-341, namely that where a complaint contains both frivolous and non-frivolous claims, the movant may only recover attorney’s fees which would not have been incurred but for the frivolous claims?

Court of Special Appeals, No. 13, Sept. Term, 2015 (unreported)

Cert. Granted:
Oral Arguments:
2018-02-02
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
Davis v. Frostburg Facility Ops.
Case No. 012, September Term 2017

Torts – 1) Did CSA err in holding that Petitioner was required to file in the Md. Healthcare Alternative Dispute Resolution Office so that office could make the initial determination of whether Petitioner’s injuries were the result of ordinary negligence or medical negligence? 2) Did CSA err in holding that Petitioners’ complaint was not sufficient on its face to survive the granting of a motion to dismiss on the remaining counts?

Court of Special Appeals, No. 540, Sept. Term, 2015 (Unreported)

Cert. Granted:
Oral Arguments:
2017-10-05
Opinion Filed:
2018-01-19
C&B Construction v. Dashiell
Case No. 076, September Term 2017

Real Property – 1) Does §9-204(a) of the Real Property Article, the Maryland Construction Trust Fund Statute, limit its application to projects covered by the Maryland Mechanics’ Lien law and Little Miller Act even though the plain language of the statute as a whole and §9-204(a) specifically contain no such limitation? 2) Did the trial court err in granting judgment to Respondents despite evidence showing that funds received by the general contractor were earmarked for payment to Petitioners?

Court of Special Appeals, No. 1307, Sept. Term, 2016 [Opinion]

Cert. Granted:
Oral Arguments:
2018-04-05
Opinion Filed:
Calvo v. Montgomery Co.
Case No. 048, September Term 2017

Workers’ Compensation – 1) Where the decision of the Workers’ Compensation Commission is statutorily presumed to be correct and the appellate courts have held that whether an injury “arose out of and in the course of employment” constitutes a question of fact, should the trial court’s grant of summary judgment where Petitioner prevailed before the Commission be reviewed? 2) Should this Court review the holding that, as a matter of law, the “special mission” exception to the “going and coming” rule cannot be considered, notwithstanding that Petitioner was on her way to a different assignment, at a different work site, at the direction of her employer, in the furtherance of her employer’s business, and on her normal off day? 3) Given MD case law holding an injury compensable when it occurs in a place the employee would not have been “but for” her employment and/or while engaged in an activity “incidental” to her employment and Petitioner was involved in an accident only because she was traveling to training at the direction of her employer, did CSA err in finding that Petitioner’s claim was not “in the course of” her employment?

Court of Special Appeals, No. 1036, Sept. Term, 2016 (unreported)

Cert. Granted:
Oral Arguments:
2018-02-05
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
Young Electrical v. Dustin Construction
Case No. 008, September Term 2017

Contract Law – 1) Did CSA err in holding that a “flow down” provision in the subcontract between the prime contractor and a subcontractor created a right for the subcontractor to sue the Owner? 2) Did CSA err in holding that the denial of Petitioner’s claim was a Final Decision to trigger the dispute resolution process in the general contract? 3) Did CSA err in not considering Respondent’s alleged breach of the subcontract by preventing the contractor from pursuing its claims through the Prime Contract, the Prevention Doctrine? 4) Did CSA err in relying upon a “pay-when-paid” provision in the subcontract that Respondent did not raise in its Motion for Summary Judgment and that neither party raised in argument before the trial court? 5) Did CSA err in upholding the trial court’s summary judgment prior to any discovery and factual determination regarding the cause of the delays to the project?

Court of Special Appeals, No. 226, Sept. Term, 2015 []

Cert. Granted:
Oral Arguments:
2017-10-06
Opinion Filed:
None at this time
Manchame-Guerra v. State
Case No. 014, September Term 2017

Criminal Procedure – 1) Did this Court’s decision in Peterson v. State, 444 Md. 105 (2015), alter the threshold a factual proffer must satisfy to permit questioning of a witness’s subjective expectation of a benefit under Md. Rule 5-616(a)(4)? 2) Did the trial court err in prohibiting defense counsel from questioning the State’s main witness about whether he subjectively expected a benefit in exchange for his statements and testimony in this case?

Court of Special Appeals, No. 899, Sept. Term, 2015 (Unreported)

Cert. Granted:
Oral Arguments:
2017-10-10
Opinion Filed:
2018-01-23
In re: Adoption/G'ship of H.W.
Case No. 070, September Term 2017

Family Law – 1) Did CSA improperly proscribe juvenile courts from considering factors critical to the determination of a child’s best interests when it held that, in determining whether to terminate parental rights, juvenile courts may not consider either the emotional effects of a change in custody upon the child or the stability and certainty of the child’s future? 2) In determining that it is in the child’s best interests to terminate the parental rights of an incarcerated parent whom the child has never met, did the juvenile court permissibly consider the following factors (1) the potential emotional effect on the child of a change of custody; (2) the instability and uncertainty of the child’s future in the custody of the parent; and (3) the stability and certainty of the child’s future in the custody of the prospective adoptive parents?

Court of Special Appeals, No. 2719, Sept. Term, 2016 [Opinion]

Cert. Granted:
Oral Arguments:
2018-04-06
Opinion Filed:
Ellis v. McKenzie
Case No. 016, September Term 2017

Environmental Law – 1) Does the Dormant Mineral Interests Act (“DMIA”) violate Article 24 of the Md. Declaration of Rights and Article III, § of the Md. Constitution by retrospectively taking a vested property interest from a mineral owner and transferring it to a surface owner without compensation? 2) Is a notice of intent to preserve a severed mineral interest effective if recorded by the personal representative of a deceased owner’s estate while an action to terminate the interest is pending against the decedent’s descendants but not against the personal representative?

Court of Special Appeals, No. 1723, Sept. Term, 2015 (Unreported)

Cert. Granted:
Oral Arguments:
2017-10-11
Opinion Filed:
None at this time
Devincentz v. State
Case No. 074, September Term 2017

Criminal Procedure – 1) Did the trial court err by prohibiting a defense witness from testifying that the complainant was an untruthful person? 2) Did the trial court err by disallowing a defense witness’s testimony that during an argument he observed between the complainant and the Petitioner, the complainant threatened to get Petitioner in trouble? 3) Did CSA err in holding that Petitioner was required to make a formal proffer regarding the substance and relevance of the evidence at issue in order to preserve for appellate review claims (1) and (2) above, and that the exception to the proffer requirement did not apply, despite it being clear from the record what the testimony of the defense witness would have established if it had been admitted?

Court of Special Appeals, No. 1297, Sept. Term, 2016 (unreported)

Cert. Granted:
Oral Arguments:
2018-04-09
Opinion Filed:
Watts v. State
Case No. 017, September Term 2017

Criminal Law – 1) Are intent to frighten and battery merely varieties of a single crime under Md’s assault statute or are they separate crimes, thus requiring individualized jury unanimity? 2) Is Petitioner’s claim of error unpreserved where Petitioner did not ask for the unanimity instruction he now claims was mandatory?

Court of Special Appeals, No. 98, Sept. Term, 2016 (Unreported)

Cert. Granted:
Oral Arguments:
2017-11-03
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
None at this time
Application of Phillips
Case No. 017 Misc., September Term 2017

In the Matter of the Application of Solon Phillips for Admission to the Bar of Maryland
Cert. Granted:
Oral Arguments:
2017-11-06
Opinion Filed:
2017-12-20
Motor Vehicle Admin. v. Smith
Case No. 042, September Term 2017

Transportation – Did the ALJ err in dismissing an Order of Suspension for a driver who had a breath-test result of .18 blood-alcohol concentration because the investigating officer refused to allow her to visit the rest room before submitting to a breath test, where the officer (1) had reasonable grounds to believe that she had been driving while under the influence of alcohol and 2) fully and correctly advised her of the administrative sanctions that could be imposed?

Circuit Court for St. Mary's Co., No. 18-C-16-001627

Cert. Granted:
Oral Arguments:
2018-01-08
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
State v. Phillips
Case No. 049, September Term 2017

Criminal Law – 1) Was Respondent precluded from taking an interlocutory appeal of a non-constitutional evidentiary ruling by the trial court? 2) Are the statutory limitations on State appeals inapplicable to State requests for in banc review?

Court of Special Appeals, No. 713, Sept. Term, 2016 [Opinion]

Cert. Granted:
Oral Arguments:
2018-01-09
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
Goldberg v. Neviaser
Case No. 047, September Term 2017

Corporations & Associations – 1) Can the trial court dismiss a foreclosure because a foreign statutory trust lacks a collection agency license under the Maryland Collection Agency Licensing Act (“MCALA”), despite established Md. authority holding that entities, such as a trustee of the trust and its substitute trustees, may enforce a promissory note indorsed in blank in their possession, regardless of who owns the debt or the foreign statutory trust’s legal status? 2) Does pursuing a foreclosure constitute “doing business as a collection agency” in Md. under MCALA? 3) Is a foreclosure action a “consumer claim” to collect “money owed” under MCALA? 4) Does a foreign statutory trust that owns mortgage assets fall under MCALA’s “trust company” exemption?

Court of Special Appeals, No. 238, Sept. Term, 2017 (Pending)

Cert. Granted:
Oral Arguments:
2017-11-30
Opinion Filed:
None at this time
Bowie v. State
Case No. 055, September Term 2017

Criminal Procedure – 1) Does a juvenile nonhomicide inmate have standing to challenge his life sentence under Graham v. Florida, 560 U.S. 48 (2010), and its progeny? 2) Are life sentences for nonhomicide crimes committed by a child unconstitutional because Md. Law does not afford the “meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation” required by Graham?

Court of Special Appeals, No. 1906, Sept. Term, 2016 (unreported)

Cert. Granted:
Oral Arguments:
2018-02-06
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
Ben-Davies & Moore v. Blibaum & Assoc., P.A.
Case No. 004 Misc., September Term 2017

Certified Question from the United States District Court for the District of Maryland

Question - Is the legal rate of post-judgment interest on a judgment awarded in a breach of contract action where the underlying contract is a residential lease ten percent (10%) as stated in Md. Cts. & Jud. Proc. § 11-107(a) or is it six percent (6%) as stated in Md. Cts. & Jud. Proc § 11-107(b), which states that it is applicable to "a money judgment for rent of residential premises," where the judgment in the breach of contract action does not specifically delineate what portion, if any, of the judgment was awarded for unpaid rent?'

Cert. Granted:
Oral Arguments:
2017-12-04
Opinion Filed:
2018-01-19
Rodriguez v. Cooper
Case No. 027, September Term 2017

Torts – 1) Did the trial court err in applying the cap on non-economic damages under Courts & Judicial Proceedings Art. § 11-108? 2) Did the trial court err in failing to enter judgment against the State?

Court of Special Appeals, Nos. 1971 & 2850, Sept. Term, 2015, No. 904, Sept. Term, 2016 (Unreported)

Cert. Granted:
Oral Arguments:
2017-12-05
Opinion Filed:
None at this time
Application of Silverman
Case No. 005 Misc., September Term 2017

In Re the Application of David Louis Silverman, Jr. for Admission to the Bar of Maryland

Cert. Granted:
Oral Arguments:
2018-01-04
Opinion Filed:
2018-01-05
Kranz v. State
Case No. 063, September Term 2017

Criminal Procedure – Where the trial court had jurisdiction over Petitioner’s post-conviction petition and rendered a valid judgment from which Petitioner, while he was in custody, sought timely appellate review under MD Code Ann., Crim. Proc § 7-109, did CSA err in dismissing Petitioner’s appeal on the basis that it had been divested of appellate jurisdiction, after having granted Petitioner’s application for leave to appeal and appellate briefing was complete, because during the three-year long pendency of his application for leave to appeal Petitioner was no longer imprisoned or on parole or probation?

Court of Special Appeals, No. 785, Sept. Term, 2013 [Opinion]

Cert. Granted:
Oral Arguments:
2018-03-02
Opinion Filed:
Attorney Grievance v. Paul
Case No. 004 AG, September Term 2017

Attorney disciplinary matter.

Cert. Granted:
Oral Arguments:
2018-03-05
Opinion Filed:
Grimm v. State
Case No. 037, September Term 2017

Criminal Law – 1) When a defendant challenges the reliability of a drug-sniffing dog overall and the reliability of the dog’s alert to the possible presence of drugs in a vehicle driven by the defendant, in accordance with Florida v. Harris, 568 U.S. 237 (2013), and the trial court rules that the dog’s alert established probable cause to search the vehicle, what is the applicable standard of appellate review? 2) Whatever standard of review applies, did the trial court err in ruling that the police had probable cause the search the vehicle driven by Petitioner? 3) Even if the police did not have probable cause to search Petitioner’s car, should this Court decline to apply the Fourth Amendment’s exclusionary rule because the police relied on the drug-sniffing dog’s alert in objective good faith?

Court of Special Appeals (No. 1172, Sept. Term, 2015) [Opinion]

Cert. Granted:
Oral Arguments:
2018-02-01
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
Hunter v. Broadway Overlook
Case No. 061, September Term 2017

Real Property – 1) Did the trial court err in finding that Real Property § 8-402.1 allows a landlord to file a complaint for possession without having first exhausted the statutory notice period? 2) Did the trial court err in finding a notice of breach sufficient under RP § 8-402.1 where it failed to meet the content requirements expressly set forth in the lease?

Circuit Court for Baltimore City, No. 24-C-17-003110

Cert. Granted:
Oral Arguments:
2018-03-06
Opinion Filed:
Wheeler v. State
Case No. 050, September Term 2017

Criminal Law – 1) Where the defendant in a criminal case makes a timely and proper demand under Courts & Jud. Proc., §§ 10-1002 and 1003, for the presence of all persons in the chain of custody, is it legal error for the trial court to admit drug evidence where the State fails to call the “packaging” officer as a witness; or as CSA  held in this case, is the admission of drug evidence under such circumstances subject to review for abuse of discretion? 2) Did the trial court err or abuse its discretion in allowing the admission of the drug evidence in view of the lack of a proper chain of custody?

Court of Special Appeals (No. 1423, Sept. Term, 2016) [Opinion]

Cert. Granted:
Oral Arguments:
2018-02-02
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
Santiago v. State
Case No. 010, September Term 2017

Criminal Law – 1) Did CSA err in holding that the trial court properly admitted testimony from the State’s cellular communication expert when the expert admitted his opinion was based on a critical assumption the factual underpinning of which was not established and a report that was destroyed before trial? 2) Did CSA err in holding that the trial court properly admitted evidence of Petitioner’s silence during an investigation by his automobile insurer that was related to and concurrent with the police investigation in this case?

Court of Special Appeals, No. 1694, Sept. Term, 2015 (Unreported)

Cert. Granted:
Oral Arguments:
2017-10-05
Opinion Filed:
None at this time
Tate v. State
Case No. 065, September Term 2017

Criminal Law – Was Petitioner’s guilty plea record sufficient to conclude he understood the nature and elements of first-degree murder, despite the fact that he was a minor with diminished mental capacity and no one addressed the nature and elements of the crime on the record?

Court of Special Appeals, No. 2823, Sept. Term, 2014 (unreported)

Cert. Granted:
Oral Arguments:
2018-04-05
Opinion Filed:
Hackney v. State
Case No. 053, September Term 2017

Criminal Procedure – 1) Does the “prison mailbox rule,” under which a pleading is deemed to have been filed by a pro se prisoner when the prisoner delivers the pleading to prison authorities for mailing, apply to the filing of a pro se petition for post-conviction relief pursuant to Crim. Proc. § 7-103(b), which states that unless “extraordinary cause is shown,” a petition “may not be filed later than 10 years from the imposition of sentence,” and Md. Rule 1-322(a), which states that pleadings “shall be made by filing them with the clerk of the court”? 2) Under the “extraordinary cause” provision of § 7-103(b), is the ten-year deadline for filing a petition for post-conviction relief tolled or otherwise extended when a pro se prisoner delivers his or her petition to prison authorities for delivery to the post-conviction court prior to expiration of the ten-year deadline? 3) Did the post-conviction court err in dismissing Petitioner’s pro se petition for post-conviction relief on grounds that it was not timely filed within the ten-year deadline where Petitioner was sentenced on October 23, 1998, his petition includes a certificate of service dated October 20, 2008, his petition was postmarked October 22, 2008, and date-stamped as received by the clerk’s office on October 24, 2008, and Petitioner was incarcerated when he filed his petition?

Court of Special Appeals, No. 2513, Sept. Term, 2015 (unreported)

Cert. Granted:
Oral Arguments:
2018-02-05
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
Lopez v. State
Case No. 011, September Term 2017

Criminal Procedure – Is a music video/slide show depicting the lives of the victims a permissible form of victim impact evidence, and does its admission violate a criminal defendant’s rights under the Eighth and Fourteenth Amendments to the United States Constitution?

Court of Special Appeals, No. 1887, Sept. Term, 2013 []

Cert. Granted:
Oral Arguments:
2017-10-06
Opinion Filed:
None at this time
SVF Riva Annapolis v. Gilroy
Case No. 066, September Term 2017

Courts & Judicial Proceedings – 1) Did CSA usurp the role of the legislature when, under the guise of statutory construction, it remedied a purported defect in the “use and possession exception” (Md. Code Ann., Cts. & Jud. Proc. § 5-108(d)(2)(i)) to Md.’s statute of repose? 2) Did CSA errr in insisting on an expansive interpretation of § 5-108(d)(2)(i) that conflicts with this Court’s prior, narrowly-tailored interpretation? 3) Did CSA err in broadly interpreting one exception to Md.’s statute of repose, effectively nullifying the statute as set forth in § 5-108(a)? 4) Did CSA err in reversing the trial court’s decision to grant the respondents’ motions for summary judgment based upon § 5-108(d)(2)(i)? 5) Did CSA err in reversing the trial court’s decision to grant respondents’ motions for summary judgment even though alternative grounds existed to affirm summary judgment solely based upon questions of law?

Court of Special Appeals, No. 2610, Sept. Term, 2015 [Opinion]

Cert. Granted:
Oral Arguments:
2018-04-06
Opinion Filed:
Williams v. State
Case No. 025, September Term 2017

Criminal Law – 1) Is a conviction that is more than fifteen years old irrelevant as a matter of law to a character witness’s opinion about a defendant? 2) Were questions revealing Petitioner’s prior conviction, which occurred at least a decade before any of his character witnesses had met him, irrelevant to their opinions as to his reputation for peacefulness? 3) Were questions revealing Petitioner’s prior conviction substantially more prejudicial than they were probative of the witnesses’ opinions as to his reputation for peacefulness?

Court of Special Appeals, No. 537, Sept. Term, 2016 []

Cert. Granted:
Oral Arguments:
2017-11-02
Opinion Filed:
2018-01-19
Attorney Grievance v. Jalloh
Case No. 002 AG, September Term 2017

Attorney disciplinary matter.

Cert. Granted:
Oral Arguments:
2018-04-10
Opinion Filed:
Dabbs v. Anne Arundel Co.
Case No. 023, September Term 2017

County Government – 1) Did the lower courts err in determining that “…the rough proportionality test [or the rational nexus test] has no application to development impact fees. . .where monetary exactions are imposed,” in contravention of Howard County v. JJM, 301 Md. 256 (1984)? 2) Did the lower courts err in permitting the retroactive application of legislation and not finding a taking under Article III, section 40 of the Maryland Constitution?

Court of Special Appeals (No. 2653, Sept. Term, 2015) []

Cert. Granted:
Oral Arguments:
2017-11-03
Opinion Filed:
None at this time
Ademiluyi v. State Bd. of Elections
Case No. 035, September Term 2017

Election appeal.

Cert. Granted:
Oral Arguments:
2018-01-09
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
State v. Weddington
Case No. 052, September Term 2017

Criminal Procedure – Did CSA err in holding that where a criminal defendant expresses dissatisfaction with counsel in a letter to the court less than two weeks prior to a trial date, received by the clerk’s office four days before trial, and of which the trial judge was not aware at the time of trial, the defendant has satisfactorily invoked Md. Rule 4-215, and did not waive the rule by failing to express his dissatisfaction to the judge during trial?

Court of Special Appeals, No. 122, Sept. Term, 2016 (unreported)

Cert. Granted:
Oral Arguments:
2018-01-08
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
Blackstone v. Sharma
Case No. 040, September Term 2017

Blackstone v. Sharma; Shanahan v. Marvastian

Issues – Corporations & Associations – 1) Is a mortgage foreclosure action, which is a purely in rem proceeding against the subject real property, a “consumer claim” for “money owed” under the Maryland Collection Agency Licensing Act (“MCALA”)? 2) Is filing a mortgage foreclosure action, which by statute is not “doing business in this State,” nevertheless “doing business as a collection agency in this State” under MCALA? 3) Is the CSA’s ruling in Finch v. LVNV Funding, LLC, 212 Md.App. 748 (2013) – i.e., that a judgment in favor of an unlicensed debt collection agency is void as opposed to voidable – applicable to mortgage foreclosure judgments?

Court of Special Appeals, No. 1524, Sept. Term, 2015 [Opinion]

Cert. Granted:
Oral Arguments:
2017-11-30
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
State v. Johnson
Case No. 022, September Term 2017

Criminal Law – Did CSA properly conclude that the police lacked probable cause to search the trunk of respondent’s car based on drug evidence found on the person of her front-seat passenger?

Court of Special Appeals, No. 2465, Sept. Term, 2016 []

Cert. Granted:
Oral Arguments:
2017-12-01
Opinion Filed:
None at this time
McCullough v. State
Case No. 056, September Term 2017

Criminal Procedure – 1) Does the reasoning of Graham v. Florida, 560 U.S. 48 (2010), and its progeny apply to a 100-year sentence that is the aggregate of shorter sentences for multiple crimes committed during the same incident? 2) If so, did the 100-year sentence in this case afford the juvenile nonhomicide offender the “meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation” required by Graham? 3) May challenges to parole policies be raised as a Motion to Correct an Illegal Sentence?

Court of Special Appeals, No. 1081, Sept. Term, 2016 [Opinion]

Cert. Granted:
Oral Arguments:
2018-02-06
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
Lamalfa v. Hearn
Case No. 039, September Term 2017

Torts – 1) Were Defense Exhibits 2-5 inadmissible hearsay due to the failure of authentication as a condition precedent to the business records exception to the hearsay rule? 2) Did the trial court err by admitting medical records pursuant to Md. Rule 5-703 without an appropriate foundation for establishing the truthfulness of the records?

Court of Special Appeals, No. 87, Sept. Term, 2016 []

Cert. Granted:
Oral Arguments:
2017-12-04
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
None at this time
Estate of Zimmerman v. Blatter
Case No. 062, September Term 2017

Real Property – 1) Do new Real Property §§ 14-601 through 14-621 and new rules 12-801 through 12-811, all of which concern quiet title actions and which took effect during the pendency of this appeal apply to this appeal? 2) If so, do the new procedural statutes and rules eliminate any requirement in prior law that a quiet title action is subject to automatic dismissal for non-joinder of a deceased record owner who has no personal representative? 3) If the answer to question 1 is no, what is the standard of review (de novo or abuse or discretion) of a trial court’s determinations under Rule 2-211? 4) If the answer to question 1 is no, did the trial court err in its determination under 2-211(c) that the case could proceed among the parties before it? 5) If the answer to question 4 is yes, did the trial court’s decision on Petitioners’ counterclaim for trespass q.c.f. become law of the case as a result of Petitioners’ failure to present, raise and argue the denial of their counterclaim? 6) Alternatively does this Court recognize the concept of a judgment having multiple and severable parts, as CSA recognized in Harrison v. Harrison, 109 Md.App. 652 (1996)? 7) If the answer to question 5 or question 6 is yes, did CSA err in reversing and dismissing that part of the trial court’s judgment concerning the counterclaim? 8) If the answers to the above questions do not materially change the disposition of the case, did CSA err in ordering a dismissal of the entire case for failure to join a necessary party rather than remanding to allow the joinder of a necessary party?

Court of Special Appeals, No. 2146, Sept. Term, 2015 (unreported)

Cert. Granted:
Oral Arguments:
2018-03-01
Opinion Filed:
State v. Neiswanger Management
Case No. 028, September Term 2017

Health General – 1) Did the trial court err in holding that, although Health-Gen. § 19-345.3 authorizes a court to grant “injunctive relief” to remedy violations of the discharge-related provisions of the Patient’s Bill of Rights, the statute does not authorize “broad injunctive relief” barring “company practices” that violate those provisions? 2) Did the trial court err in holding that, although Health-Gen.§ 19-344 confers responsibility on the Attorney General for “enforcement” of certain of its provisions, it does not authorize the Attorney General to seek, or a court to grant, a judicial injunction enforcing those provisions?

Court of Special Appeals, No. 526, Sept. Term, 2017 (Pending)

Cert. Granted:
Oral Arguments:
2017-12-05
Opinion Filed:
None at this time
Shealer v. Straka
Case No. 038, September Term 2017

Estates & Trusts – 1) Did CSA err in holding that probate proceedings are to be stayed upon the filing of a caveat petition before judicial probate or after administrative probate, continuing the procedure under predecessor statutes recognized by Keene v. Corse, 80 Md. 20 (1894) and its progeny, despite the enactment of Estates & Trusts Article §5-207(b) which omits any language concerning a stay of proceedings from its text? 2) Was the harmless error standard satisfied by merely showing that the underlying decision from which an appeal is sought is final and binding upon the parties?

Court of Special Appeals, No. 1023, Sept. Term, 2016 (unreported)

Cert. Granted:
Oral Arguments:
2018-01-04
Opinion Filed:
None at this time
Attorney Grievance Comm'n. v. Clevenger
Case No. 064, September Term 2017

Courts & Judicial Proceedings – 1) Did the trial court err in issuing a writ of mandamus directing Petitioner to investigate a complaint against three members of the Maryland Bar where exclusive jurisdiction over attorney disciplinary matters is vested in the Court of Appeals and Bar Counsel has discretion to determine whether an investigation is warranted? 2) Did the trial court err in vacating its prior order sealing the proceedings where Md. Rule 19-711 expressly provides that all attorney disciplinary complaints and investigations are confidential unless and until formal charges are brought against an attorney?  long pendency of his application for leave to appeal Petitioner was no longer imprisoned or on parole or probation?

Court of Special Appeals, No.     , September Term, 2017 (Pending)

Cert. Granted:
Oral Arguments:
2018-03-02
Opinion Filed:
Attorney Grievance v. Hecht
Case No. 097 AG, September Term 2016

Attorney disciplinary matter.

Cert. Granted:
Oral Arguments:
2018-02-05
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
Attorney Grievance v. Smith
Case No. 003 AG, September Term 2016

Attorney disciplinary matter.

Cert. Granted:
Oral Arguments:
2017-10-06
Opinion Filed:
None at this time
Attorney Grievance v. Lang & Falusi
Case No. 086 AG, September Term 2016

Attorney disciplinary matter.

Cert. Granted:
Oral Arguments:
2018-04-09
Opinion Filed:
In the Matter of Hon. White
Case No. 005 Misc., September Term 2016

Judicial Disabilities Commission matter.

Cert. Granted:
Oral Arguments:
2018-01-09
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
Attorney Grievance v. Sperling
Case No. 040 AG & 076 AG, September Term 2016

Attorney disciplinary matter.

Cert. Granted:
Oral Arguments:
2018-03-05
Opinion Filed:
Hanover Investments v. Volkman
Case No. 009, September Term 2016

Courts and Judicial Proceedings – 1) Did CSA erroneously impose new standards under Md. Code Ann., Courts & Judicial Proceedings Art. (“CJP”) § 3-409(c) by depriving the trial court of all discretion to adjudicate a declaratory judgment action when there is a concurrent proceeding? 2) Did CSA erroneously apply, and thereby alter, the standards under CJP § 3-409(a) and (c) by concluding that there were insufficient facts and circumstances to support the trial court’s findings of unusual and compelling circumstances?

Corut of Special Appeals, No. 1595, Sept. Term, 2014 []

Cert. Granted:
Oral Arguments:
None at this time
Opinion Filed:
None at this time
Attorney Grievance v. Sacks
Case No. 042 AG, September Term 2016

Attorney disciplinary matter.

Cert. Granted:
Oral Arguments:
2018-03-06
Opinion Filed:
Attorney Grievance v. Aita
Case No. 090 AG, September Term 2016

Attorney disciplinary matter.

Cert. Granted:
Oral Arguments:
2018-01-08
Please note: The webcast is available at our Webcast Archive page.
Opinion Filed:
Attorney Grievance v. Ogilvie
Case No. 004, September Term 2016

Attorney disciplinary matter.

Cert. Granted:
Oral Arguments:
2018-03-01
Opinion Filed:
Attorney Grievance v. Moody
Case No. 038 AG, September Term 2016

Attorney disciplinary matter.

Cert. Granted:
Oral Arguments:
2017-09-12
Opinion Filed:
2017-09-12
2017-12-20
Attorney Grievance v. Smith
Case No. 026 AG, September Term 2016

Attorney disciplinary matter
Cert. Granted:
Oral Arguments:
2017-10-10
Opinion Filed:
2018-01-19
Attorney Grievance v. Kargbo
Case No. 075 AG, September Term 2016

Attorney disciplinary matter.
Cert. Granted:
Oral Arguments:
2017-11-06
Opinion Filed:
2017-11-07