SCHEDULE OF ORAL ARGUMENTS
September Term, 2023
Friday, March 1, 2024:
Bar Admissions
No. 27 Town of Bel Air, Maryland et al. v. Barton Bodt, et al.
Issues – Local Government – 1) Does the Express Powers Act, Md. Code § 5-213 of the Local Government Article, require a municipality to adopt an ordinance, rather than a resolution, when the municipality denies a petition for referendum for failure to comply with the requirements of the municipal charter? 2) Does Gray v. Howard County Bd. Of Elections, 218 Md.App. 654 (2014) control the procedure for a municipality’s denial of a referendum petition? 3) Are organizers of a petition for referendum prohibited from altering the language of a petition after they have obtained signatures in support of the petition? 4) Where a municipal charter is silent regarding whether a petition for referendum may challenge only part of an ordinance, must a petition for referendum challenge the entire ordinance?
Attorneys for Petitioner: Elizabeth H. Thompson and Joseph F. Snee, Jr.
Attorney for Respondent: Michael F. McCann
Tuesday, March 5, 2024 - to be held at St. Mary's College in St. Mary's City, Maryland:
No. 23 Antonio E. Gonzalez v. State of Maryland
Issues – Criminal Law – 1) What must trial counsel proffer to satisfy Md. Rule 5-616(a)(4) and this Court’s holding in Kazadi v. State, 461 Md. 1 (2020) so as to permit impeachment of a witness with evidence of submission of or interest in applying for a U-Visa (available to persons who have suffered mental or physical abuse and who are helpful in the investigation or prosecution of criminal activity)? 2) Did ACM err when it held that defense counsel’s proffer was insufficient to permit impeachment of State’s witness with evidence of her application for a U-Visa. 3) Did ACM err in holding that any error was harmless even though the relevant witness’ credibility was a central issue in the case and even though Petitioner testified that, during the altercation, he touched the complaining witnesses only to protect himself?
Attorney for Appellant: Michael T. Torres
Attorney for Appellee: Karinna M. Rossi
No. 25 Madelyn Bennett, Individually and as Successor Trustee of The Pauline A. Bennett Revocable Living Trust v. Thomas A. Gentile
Issues – Estates & Trusts – 1) Was petitioner an intended third-party beneficiary of an oral retainer agreement between the Trust Settlor and respondent? 2) Does Noble v. Bruce, 349 Md. 730 (1998), apply to the unique facts of this case? 3) Should Noble be overturned and replaced with the “balancing of factors” test adopted by other state courts? 4) Can the collateral litigation doctrine apply when the collateral claim which is litigated in the case is the source of that claim?
Attorney for Appellant/Cross-Appellee: Richard E. Schimel
Attorneys for Appellee/Cross-Appellant: Craig Roswell and Brett A. Buckwalter
After March 5, 2024, the Court will recess until April 4, 2024. On the day of argument, counsel must register in the Clerk’s Office no later than 9:30 a.m. unless otherwise notified.
GREGORY HILTON
CLERK