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
020
2020 In re: Special Investigation Misc. 1064   2020-07-13 2020-12-07

Please note: Oral Arguments in this case are sealed by order of the Court of Appeals.

These oral arguments were held remotely by videoconference.
2021-06-10
[Order]

Please note: The opinion in this case is sealed by order of the Court of Appeals. 
 
Court of Special Appeals, No. 3463, Sept. Term, 2018 (unreported)
 
020 Misc.
2020 Application of A.D.     2021-09-09
[Oral Arguments]

These oral arguments were held remotely by videoconference.
2021-09-13
[Order]
In the Matter of the Application of A.D. for Admission to the Bar of Maryland
 
031 AG
2020 Attorney Grievance Cassilly   2021-09-09
[Oral Arguments]

These oral arguments were held remotely by videoconference.
2021-10-22
[Opinion]
Attorney disciplinary matter.
 
001 Misc.
2021 Moore RealPage Utility Mgmt.   2021-09-09
[Oral Arguments]

These oral arguments were held remotely by videoconference.
  Certified Question from the U.S. District Court for the District of Maryland

Question: Does Md. Code Ann., Public Utilities § 7-304 prohibit the use of energy allocation equipment and procedures, which have not been approved by the Public Service Comission, to bill energy charges to tenants of properties built prior to 1978?
009 AG
2020 Attorney Grievance Jackson   2021-09-13
[Oral Arguments]

These oral arguments were held remotely by videoconference.
  Attorney disciplinary matter.
 
003
2021 O'Sullivan State 2021-04-09 2021-09-13
[Oral Arguments]

These oral arguments were held remotely by videoconference.
  Criminal Law – 1) In an oath-against-oath perjury case, is the State relieved of its burden of production under the two-witness rule by introducing circumstantial evidence? 2) Was there sufficient evidence that Petitioner/Cross-Respondent committed perjury and misconduct in office? 3) Should the two-witness rule, which provides for a heightened burden of production that is only applicable to the misdemeanor offense of perjury, be prospectively abrogated in favor of the standard burden of production in a criminal case, which requires the State to prove guilt beyond a reasonable doubt and trusts in the ability of the fact-finder to weigh evidence?

Court of Special Appeals, No. 2275, Sept. Term, 2019 (unreported)
005
2021 State Galicia 2021-04-09 2021-09-13
[Oral Arguments]

These oral arguments were held remotely by videoconference.
  Criminal Law – 1) When a statement against penal interest inculpates a third party, but not the defendant, does the trial court abuse its discretion when it does not allow the defendant to elicit evidence about the statement? 2) Is expert testimony required to explain to a fact-finder that a “gap” in the “location history” records for a Google account could have been caused by the account holder turning off the “location history” service?

Court of Special Appeals, No. 3350, Sept. Term, 2018 (unreported)
069 AG
2019 Attorney Grievance Daley   2021-09-14
[Oral Arguments]

These oral arguments were held remotely by videoconference.
2021-10-22
[Opinion]
Attorney disciplinary matter.
 
004
2021 Alarcon-Ozoria State 2021-04-09 2021-09-14
[Oral Arguments]

These oral arguments were held remotely by videoconference.
  Criminal Law – 1) Does the State’s obligation to exercise due diligence in identifying and disclosing relevant materials in criminal litigation extend to phone call recordings collected and preserved by the State’s jail facilities? 2) In a criminal case, does a recording of a defendant’s own statement that is not disclosed until the morning of trial constitute an unfair surprise to the defense, such that it requires relief?

Court of Special Appeals, No. 2149, Sept. Term, 2019 (unreported)
001
2021 Velicky CopyCat Building 2021-03-05 2021-09-14
[Oral Arguments]

These oral arguments were held remotely by videoconference.
  Real Property – 1) Must a landlord have a rental license to evict a tenant under Md. Code §8-402 of the Real Property Article when local law requires a license to operate the premises as a landlord? 2) Did the trial court err by determining that an appeal from a tenant holding over action should be heard de novo instead of on-the-record when the 2-month value of rent for the premises exceeded the threshold for on-the-record appeals under Md. Rule 7-102(b)?

Circuit Court for Baltimore City, No. 24-C-20-004248
002
2021 Walke CopyCat Building 2021-03-05 2021-09-14
[Oral Arguments]

These oral arguments were held remotely by videoconference.
  Real Property – Is an unlicensed landlord leasing rental properties in a jurisdiction requiring licensure allowed to judicially enforce its unlicensed activities in Maryland courts?

Circuit Court for Baltimore City, No. 24-C-20-004247
011
2021 Johnson State 2021-05-11 2021-10-04
[Oral Arguments]

These oral arguments were held remotely by videoconference.
  Criminal Law – Is a defendant’s right to a unanimous jury verdict violated when the State presents evidence of multiple incidents at trial to prove a single charged count, in the absence of an election between the incidents or a special jury instruction?

Court of Special Appeals, No. 1329, Sept. Term, 2019 (unreported)
003 Misc.
2021 Lyles Santander Consumer USA   2021-10-04
[Oral Arguments]

These arguments were held remotely by videoconference.
  Certified Question from the U.S. District Court for the District of Maryland

Question: If a credit grantor is found to have knowingly violated Credit Grantor Closed End Credit Provisions ("CLEC"), Maryland Code Annotated, Commercial Law §§12-1001, et seq., does CLEC § 12-1018(b) require the credit grantor to return three times: (1) all amounts collected by the credit grantor in excess of the principal amount financed; (2) only those amounts collected that the borrower contends violate the CLEC (in this case, the convenience fee); or (3) some other amount.
008
2021 Pabst Brewing Frederick P. Winner, Ltd. 2021-05-11 2021-10-04
[Oral Arguments]

These arguments were held remotely by videoconference.
  Alcoholic Beverages – When control of a beer brand changes hands through a sale of the stock of a beer manufacturer, is there a “successor beer manufacturer” with the right to terminate a distribution agreement?

Court of Special Appeals, No. 1882, Sept. Term, 2019 [Opinion]
047 AG
2020 Attorney Grievance Malone   2021-10-06
[Oral Arguments]

These oral arguments were held remotely by videoconference.
  Attorney disciplinary matter.
012
2021 Webb Giant of Maryland 2021-05-11 2021-10-06
[Oral Arguments]

These oral arguments were held remotely by videoconference.
  Civil Procedure – 1) In reviewing the denial of a motion for summary judgment but not the denial of a motion for judgment under the abuse of discretion standard, did CSA depart from its own precedent in holding that a trial court’s denial of both motions for summary judgment and/or for judgment are reviewed under an abuse of discretion standard? 2) Where the evidence did not change between summary judgment and through trial, did CSA, which upheld the trial court’s denial of a motion for summary judgment on an issue of material fact, then err in reversing the trial court’s ruling denying the motion for judgment addressing the same issue of material fact? 3) Where CSA indicated that there was sufficient evidence to argue that jurors could draw negative inferences from the absence of video footage of the incident, did CSA err both in holding that the trial court’s decision to provide a standard spoliation instruction was an abuse of discretion and in holding that giving the instruction also resulted in probable prejudice?

Court of Special Appeals, No. 413, Sept. Term, 2019 [Opinion]
009
2021 Mercer Thomas B. Finan Center 2021-05-11 2021-10-06
[Oral Arguments]

These oral arguments were held remotely by videoconference.
  Health-General – Did CSA err by holding that Md. Code § 10-708 of the Health-General Article does not require an Administrative Law Judge to make an on-the-record assessment of whether the Respondent waived his statutory right to counsel?

Court of Special Appeals, No. 1389, Sept. Term, 2019 [Opinion]
006
2021 Mayor & City Cncl. of Balt. Thornton Mellon, LLC 2021-05-11 2021-10-07
[Oral Arguments]

These oral arguments were held remotely by videoconference.
  Tax-Property – 1) Is a tax sale certificate no longer assignable once a court enters judgment foreclosing the right of redemption? 2) Assuming, arguendo, that a tax sale certificate is assignable after foreclosure, was the purported assignment here nonetheless invalid for failure to comply with provisions of law relating to the short assignment of mortgages? 3) Is a judgment foreclosing the right of redemption non-assignable? 4) Assuming, arguendo, that a foreclosure judgment is assignable, must the assignment be filed and docketed in the circuit court, not merely attached as an exhibit to a motion, before the assignee can enforce the judgment in the assignee’s name?

Court of Special Appeals, No. 1940, Sept. Term, 2019 [Opinion]
010
2021 In Re: S.F.   2021-05-11 2021-10-07
[Oral Arguments]

These oral arguments were held remotely by videoconference.
  Juvenile Law – Is it improper for a juvenile court to make a school’s discretionary decision to suspend a child a violation of the child’s probation?

Court of Special Appeals, No. 582, Sept. Term, 2019 [Opinion]
007
2021 Park Plus Palisades of Towson 2021-05-11 2021-10-08
[Oral Arguments]

These oral arguments were held remotely by videoconference.
  Civil Procedure – 1) Did CSA err in affirming the order compelling arbitration and ignoring the principles set forth in Shailendra Kumar, P.A. v. Anand M. Dhanda, 426 Md. 185 (2012)? 2) Did CSA err in following Gannett Fleming, Inc. v. Corman Construction, Inc., 243 Md.App. 376 (2019), which limited the application of Kumar to contracts for non-binding arbitration and held that Md. Code § 5-101 of the Courts & Judicial Proceedings Article does not govern claims subject to contractual arbitration? 3) Did the trial court and CSA err by treating a petition to compel arbitration as a “claim” with a separate limitations period, rather than as a remedy that must be properly invoked within the applicable limitations period for the substantive claim? 4) In the alternative, did the trial court err in failing to refer the statute-of-limitations issue to the arbitrator, and thereafter in confirming the arbitral award, even though the arbitrator refused to hear Petitioner’s affirmative defense based on the statue of limitations applicable to Respondent’s claim?

Court of Special Appeals, No. 1723, Sept. Term, 2017 (unreported)
004 Misc.
2021 Westfield Insurance Gilliam   2021-10-08
[Oral Arguments]

These oral arguments were held remotely by videoconference.
  Certified Question from the U.S. District Court for the District of Maryland

Question: For purposes of determining the reduction of a plaintiff's underinsured motorist benefits required by Maryland Insurance Code 19-513(e), does Maryland law treat the "write-down," or the difference between medical bills submitted by a workers' compensation claimant's health care provider and the lower amount actually paid by a workers' compensation insurer to satisfy those bills, pursuant to the Maryland Guide of Medical and Surgical Fees, as "recovered benefits" to the plaintiff under the Maryland Workers' Compensation Act?
013
2021 Koushall State 2021-06-22 2021-11-01   Criminal Law – 1) Where a conviction for misconduct in office is based on the corrupt doing of an unlawful act, does the conviction for the “unlawful act” merge with the conviction for misconduct in office for sentencing purposes? 2) Was there sufficient evidence to support Petitioner’s convictions for assault in the second degree and misconduct in office?

Court of Special Appeals, No. 2031, Sept. Term, 2019 [Opinion]
019
2021 Broadway Services Comptroller 2021-07-09 2021-11-01   Tax-General – 1) Where tangible personal property is purchased by an intermediary contractor for the use of a non-profit charitable institution in carrying on its exempt purpose, are those purchases exempt from Maryland sales and use tax in light of John McShain, Inc. v. Comptroller, 252 Md. 68 (1953) under Md. Code § 11-204 of the Tax-General Article? 2) Were the Maryland Tax Court’s factual findings supported by substantial evidence such that the purchases in question are exempt from Maryland sales and use tax?

Court of Special Appeals, No. 2807, Sept. Term, 2018 [Opinion]
015
2021 State Matthews 2021-06-22 2021-11-01   Criminal Law – Did CSA err by holding that an expert witness created an “analytical gap,” and thus rendered her testimony inadmissible as a matter of law, by acknowledging the limitations of her scientific methodology?

Court of Special Appeals, No. 3280, Sept. Term, 2018 [Opinion]
051 AG
2020 Attorney Grievance Bonner   2021-11-08   Attorney disciplinary matter.
 
014
2021 Amaya DGS Construction 2021-06-22 2021-11-08   Labor & Employment – 1) Do the Maryland Wage and Hour Law (“MWHL”), Maryland Wage Payment and Collection Law (“MWPCL”), and COMAR adopt and incorporate the federal Fair Labor Standards Act (“FLSA”), federal Portal-to-Portal Act (“PPA”), and Code of Federal Regulations (“CFR”) sections where the Maryland statutes, regulations, and legislative history never adopted or incorporated them? 2) Is the definition of “work” under the MWHL, MWPCL, and COMAR limited to what is considered “compensable work” under the PPA, despite the Maryland General Assembly and regulators never incorporating the federal laws or otherwise saying so? 3) Does a “worksite” or “prescribed workplace” under COMAR 09.12.41.10 include a location that an employer directs its employees to report?

Court of Special Appeals, No. 1857, Sept. Term, 2019 [Opinion]
017
2021 Rojas F.R. General Contractors 2021-06-22 2021-11-08   Labor & Employment – 1) Do the Maryland Wage and Hour Law (“MWHL”), Maryland Wage Payment and Collection Law (“MWPCL”), and COMAR adopt and incorporate the federal Fair Labor Standards Act (“FLSA”), federal Portal-to-Portal Act (“PPA”), and Code of Federal Regulations (“CFR”) sections where the Maryland statutes, regulations, and legislative history never adopted or incorporated them? 2) Is the definition of “work” under the MWHL, MWPCL, and COMAR limited to what is considered “compensable work” under the PPA, despite the Maryland General Assembly and regulators never incorporating the federal laws or otherwise saying so? 3) Does a “worksite” or “prescribed workplace” under COMAR 09.12.41.10 include a location that an employer directs its employees to report? 4) Did CSA err in importing the federal PPA compensability requirements in determining whether a benefit was conferred on Respondents for the purpose of proving a Maryland common law unjust enrichment claim, especially when Respondents failed to move for judgment on that claim?

Court of Special Appeals, No. 1529, Sept. Term, 2019 (unreported)
021
2021 Kumar State 2021-07-09 2021-11-09   Criminal Law – 1) Does the holding of Kazadi v. State, 467 Md. 1 (2020), apply to all litigants who preserved the issue and whose cases were not yet final when the Kazadi opinion was issued, regardless of whether they had filed a notice of appeal by that date? 2) Did CSA violate Petitioner’s constitutional right to equal protection by applying different law to Petitioner’s case as compared to other similarly situated litigants?

Court of Special Appeals, No. 300, Sept. Term, 2020 (unreported)
018
2021 Spiegel Bd. of Ed., Howard Cnty. 2021-06-22 2021-11-09   Education – 1) Does the Maryland Constitution prevent minors 11 years of age and older from selecting a member holding a binding voting position on the Howard County Board of Education, whether by election, appointment, or any other means? 2) Does the Maryland Constitution prevent minors from holding the office of a binding voting position on the Board of Education of Howard County, a board which possesses general governmental power?

Court of Special Appeals, No. 117, Sept. Term, 2021 (pending)
020
2021 Sanders Bd. of Ed., Harford Cnty. 2021-07-09 2021-11-09   Workers’ Compensation – Is a denial of a Request to Reopen/Modify filed with the Worker’s Compensation Commission pursuant to Md. Code § 9-736(b) of the Labor & Employment Article subject to judicial review?

Court of Special Appeals, No. 111, Sept. Term, 2020 [Opinion]
017 AG
2020 Attorney Grievance Ficker   2021-12-02   Attorney disciplinary matter.
007 Misc.
2021 Dickson United States   2021-12-02   Certified Question from the U.S. Court of Appeals for the Fourth Circuit

Question: Under Maryland Law, can an individual be convicted of robbery by means of threatening force against property or threatening to accuse the victim of having committed sodomy?
022
2021 Lopez-Villa State 2021-08-02 2021-12-02   Issues – Criminal Law – Where Petitioner submitted a written request for said voir dire questions and the trial court “reviewed” the questions and ruled that it was “not inclined to ask” them “because the Court will instruct on those areas of law,” did CSA err in holding that Petitioner “failed to preserve his objection to the court’s refusal to read his proposed voir dire questions,” because he “failed to ask or tell the court that he objected to the failure to ask those specific questions,” and because when, at the end of voir dire, the trial court inquired, “[d]id I miss any questions…what you previously objected to, which I will preserve for the record,” counsel responded “no”?

Court of Special Appeals, No. 240, Sept. Term, 2019 (unreported)
024
2021 Becker Falls Road Comm. Ass'n. 2021-08-25 2021-12-03   Issue – Zoning & Planning – In order for collateral estoppel to bar a subsequently filed development plan, must the two plans be found to be identical?

Court of Special Appeals, No. 436, Sept. Term, 2020 (unreported)
005 Misc.
2021 Murphy Liberty Mutual Insurance   2021-12-03   Certified Question from the U.S. District Court for the District of Maryland

Question: Did the Court of Appeals act within its enabling authority under, inter alia, the State Constitution and the State Declaration of Rights when its April 24, 2020 Administrative Order tolled Maryland's statutes of limitation in response to the COVID-19 pandemic?
041 AG
2021 Attorney Grievance O'Neill   2021-12-06   Attorney disciplinary matter.
006 Misc.
2021 Nagle & Zaller, P.C. Delegall   2021-12-06   Certified Question from the U.S. District Court for the District of Maryland

Question: The Maryland Consumer Loan Law, Md. Code Ann., Commercial Law §§12-301, et seq., applies to consumer "loans" made by "lenders," and requires a "person engaged in the business of making loans" to be licensed. Based upon the allegations in the Third Amended Complaint, is Nagle & Zaller, P.C. subject to the statute??
023
2021 State Jordan 2021-08-02 2021-12-06   Issues – Criminal Law – Is it harmless error to fail to propound a voir dire question regarding a defendant’s right to remain silent and not testify where the defendant actually testifies?

Court of Special Appeals, No. 2594, Sept. Term, 2019
016
2021 Beckwitt State 2021-06-22 2021-12-07   Issues – Criminal Law – 1) As a matter of first impression, was the evidence legally sufficient to permit a rational trier of fact to find that Petitioner was guilty of involuntary manslaughter beyond a reasonable doubt for permitting the victim to work in a home with hoarding conditions accompanied by power outages? 2) As a matter of first impression, is legal duty manslaughter a type of gross negligence manslaughter that serves as a lesser-included offense of depraved-heart murder, thereby requiring review of Petitioner’s challenges to the legal duty manslaughter conviction? 3) Did the trial court commit reversible error by failing to instruct the essential elements of legal duty manslaughter, for which there is no pattern jury instruction? 4) As a matter of first impression, did the trial court lack subject matter jurisdiction to enter a conviction against an occupant of a home on a common law involuntary manslaughter charge resulting from an accidental house fire? 5) As a matter of first impression, does the line separating second-degree depraved heart murder and gross negligence manslaughter depend upon the likelihood of death and, if so, was the evidence sufficient in this case to support the jury’s verdict of second-degree murder?

Court of Special Appeals, No. 794, Sept. Term, 2019 [Opinion]
025
2021 Small MS4 Coal. Dept. of Environment 2021-08-25 2021-12-07   Issues – Environmental Law – 1) Has Maryland Department of the Environment (“MDE”) unlawfully made the Queen Anne’s County (“County”) responsible for the discharges from independent third parties and nonpoint source runoff that do not discharge from the County’s MS4? 3) Has MDE unlawfully imposed requirements beyond the maximum extent practicable in the General Permit?

Court of Special Appeals, No. 1865, Sept. Term, 2019 [Opinion]