Certified Questions of Law Currently Before the Supreme Court

September Term, 2022

For further information, please contact the Clerk's Office at 410-260-1500.

 

William Samuel Blake v. State of Maryland - Misc. No. 2, September Term, 2022

Certified Question from the Court of Special Appeals

Questions: 1) Did the post-conviction court err by holding that trial counsel had not rendered ineffective assistance by failing to move to compel discoverable impeachment evidence regarding a State's witness [Officer Laronde]? 2) In the alternative, did the post-conviction court err by ruling that the State had not violated its Brady obligations by failing to disclose impeachment evidence regarding a State's witness?

Argued on December 6, 2022.

Counsel for appellant: Helki Philipsen
Counsel for appellee: Carrie J. Williams

 

Michele Williams v. Morgan State University - Misc. No. 9, September Term, 2022

Certified Question from the U.S. Court of Appeals for the Fourth Circuit

Question: Does the waiver of sovereign immunity for “tort action[s]” in the Maryland Tort Claims Act, Md. Code Ann., State Gov’t § 12-104(a)(1), extend to federal statutory claims, including those where the alleged harm is wrongful termination in retaliation for whistleblowing?

Argued on February 2, 2023.

Counsel for appellant: Daniel Edward Kenney
Counsel for appellee: Julia Doyle Bernhardt and Brian E. Frosh

 

In the Matter of the Petition of Kern Hosein - Misc. No. 24, September Term, 2022

Certified Question from the Appellate Court of Maryland

Question: Does the 15-day extension apply to all cases whose statute of limitations and deadlines related to initiation expired between March 16, 2020, and April 3, 2022?

Argued in the May 2023 session of Court.

Counsel for appellant: Kieran P. Dowdy
Counsel for appellee: Michael Redmond, Heather R. Pensyl, Abraham M. Schwartz

 

John Doe v. Catholic Relief Services - Misc. No. 28, September Term, 2022

Certified Question from the U.S. District Court for the District of Maryland

Questions: 1) Whether the prohibition against sex discrimination in the Maryland Fair Employment Practices Act, Md. Code Ann., State Gov't § 20-606, prohibits discrimination on the basis of sexual orientation. 2) Whether, under Md. Code Ann., State Gov't § 20-604(2), the Maryland Fair Employment Practices Act applies to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular sexual orientation or gender identity to perform work connected with all activities of the religious entity or only those activities that are religious in nature. 3) Whether the prohibition against sex discrimination in the Maryland Equal Pay for Equal Work Act, Md. Code Ann., Lab. & Empl. § 3-304, prohibits discrimination on the basis of sexual orientation.

Argued in the June 2023 session of Court.

Counsel for appellant: Eve L. Hill, Anthony J. May, Lauren DiMartino, Shannon C. Leary, James A. Hill
Counsel for appellee: David W. Kinkopf, Joseph C. Dugan, Collin J. Wojciechowski, Emily A> Levy