Court of Appeals Webcast Archive

 

 


Webcasts are made available to the general public for informational purposes only and do not constitute an official record of court proceedings. Rebroadcast of this transmission is prohibited without the express permission of the Court of Appeals, which can be obtained by contacting the Division of Government Relations and Public Affairs at 410-260-1488.

 

October 2021 Schedule
Due to the COVID-19 emergency, these oral arguments were held remotely by videoconference. Please be advised that for the duration of the use of a videoconferencing platform for oral arguments, the recordings posted here are the official recordings of the proceedings.
Date Docket # Title
10-08-2021 No. 7 Park Plus, Inc. v. Palisades of Towson, LLC and Encore Development Corp.

Issues – 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?  
10-08-2021 Misc. No. 4 Westfield Insurance Company v. Michael Gilliam

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?
 
10-07-2021 No. 6 Mayor & City Council of Baltimore v. Thornton Mellon, LLC, et al.

Issues – 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?
10-07-2021 No. 10 In re: S.F.

Issue – 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?  
10-06-2021 AG No. 47 (2020 T.) Attorney Grievance Commission of Maryland v. Edward Allen Malone

 
10-06-2021 No. 12 Karen Webb v. Giant of Maryland, LLC

Issues – 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?  
10-06-2021 No. 9 Jason Mercer v. Thomas B. Finan Center

Issue – 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?  
10-04-2021 No. 11 Everette William Johnson v. State of Maryland

Issue – 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?  
10-04-2021 Misc. No. 3 Jabari Morese Lyles v. Santander Consumer USA Inc.

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.
 
10-04-2021 No. 8 Pabst Brewing Company v. Frederick P. Winner, Ltd.

Issue – 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?  
September 2021 Schedule
Due to the COVID-19 emergency, these oral arguments were held remotely by videoconference. Please be advised that for the duration of the use of a videoconferencing platform for oral arguments, the recordings posted here are the official recordings of the proceedings.
Date Docket # Title
09-14-2021 AG No. 69 (2019 T.) Attorney Grievance Commission of Maryland v. Thereen Dian Daley

 
09-14-2021 No. 4 Eric Antonio Alarcon-Ozoria v. State of Maryland

Issues – 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?  
09-14-2021 No. 1 Anna Velicky v. The CopyCat Building LLC

Issues – 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)?  
09-14-2021 No. 2 Christopher Walke v. The CopyCat Building LLC

Issue – Real Property – Is an unlicensed landlord leasing rental properties in a jurisdiction requiring licensure allowed to judicially enforce its unlicensed activities in Maryland courts?  
09-13-2021 AG No. 9 (2020 T.) Attorney Grievance Commission of Maryland v. Dawn R. Jackson

 
09-13-2021 No. 3 Michael O'Sullivan v. State of Maryland

Issues – 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?  
09-13-2021 No. 5 State of Maryland v. Rony Galicia

Issues – 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?  
09-09-2021 Misc. No. 20 (2020 T.)  In the Matter of the Application of A.D. for Admission to the Bar of Maryland

 
09-09-2021 AG No. 31 Attorney Grievance Commission of Maryland v. Joseph Ignatius Cassilly

 
09-09-2021 Misc. No. 1 Paul Moore v. RealPage Utility Management, Inc.
 

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?