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Case No. 21 - September Term, 2022
In re: Petition for Emergency Remedy by the Maryland State Board of Elections
Oral arguments held Friday, October 7, 2022 [Oral Arguments]

Issues – Election Law – 1) Did the trial court correctly rule that the remedy sought under Md. Code § 8-103(b)(1) of the Election Law (“E.L.”)article comports with the principle of separation of powers because the remedy, an adjustment to the electoral calendar, is a function routinely entrusted to the judicial branch? 2) Did the trial court correctly rule that the incoming volume of mail-in ballots and inadequate time frame in which to process them constitute “emergency circumstances” that “interfere with the electoral process” as those terms are used in E.L. § 8-103(b)(1)?

10-07-2022: Per Curiam Order
10-06-2022: Appellant's Reply Brief
10-06-2022: Response Brief of Appellee
10-04-2022: Brief and Appendix of Appellee
10-04-2022: Appellant's Brief
10-04-2022: Record Extract
09-29-2022: Grant Order and Writ of Certiorari
09-29-2022: Respondent Answer to Petition for Writ of Certiorari
09-28-2022: Petition
09-28-2022: Petition Appendix

 

 

 

Case No. 65 - September Term, 2021
Linda H. Lamone, et al. v. Kathryn Szeliga, et al.; Linda H. Lamone, et al. v. Neil Parrott, et al.
Case No. 66 - September Term, 2021
Linda H. Lamone, et al. v. Kathryn Szeliga, et al.

04-04-2022: Dismissal Order
04-04-2022: Notice of Dismissal of Cross-Appeal
04-04-2022: Notice of Dismissal of Appeal
04-01-2022: Order

 

 

 

 

 

Misc. No. 21 - September Term 2021
2022 Legislative Districting of the State
Scheduling Conference webcast Thursday, February 17, 2022 at 10:00 a.m. [Scheduling Conference]
Evidentiary Hearing Before the Special Magistrate held Wednesday, March 23, 2022 [Part 1, Part 2]
Evidentiary Hearing Before the Special Magistrate continued Thursday, March 24 at 9:30 a.m. [Hearing]
Oral Arguments heard Wednesday, April 13, 2022 at 10:00 a.m. [Misc. No. 25] [Misc. No. 26] [Misc. No. 27]

08-31-2022: Opinion
04-25-2022: Grant Order on Motion to Modify Order to Extend Time for Withdrawal of Certificate of Candidacy 
04-13-2022: Order
04-04-2022: Legislative Districting Exceptions and Oral Argument Scheduling Order
04-04-2022: Report of the Special Magistrate (with exhibits)
03-15-2022: Order Amending Election Dates
03-11-2022: Amended Order of the Special Magistrate Regarding Discovery
03-10-2022: Order of the Special Magistrate Regarding Discovery
03-09-2022: Grant Order on Joint Consent Motion for Modification of Interim Scheduling Order No. 1
03-08-2022: Joint Consent Motion for Modification of Interim Scheduling Order No. 1
02-24-2022: Interim Scheduling Order No. 2 of the Special Magistrate
02-18-2022: Interim Scheduling Order No. 1 of the Special Magistrate
02-11-2022: Consolidation Order
02-07-2022: Scheduling Conference Order
02-03-2022: Amended 2022 Legislative Districting Scheduling Order
01-28-2022: 2022 Legislative Districting Scheduling Order (obsolete)
01-28-2022: Motion to Promulgate Procedures

Misc. No. 24, September Term, 2021
Petition to Review Redistricting of David Whitney

08-31-2022: Opinion
04-25-2022: Grant Order on Motion to Modify Order to Extend Time for Withdrawal of Certificate of Candidacy 
03-23-2022: Joint Stipulations of Fact
03-22-2022: Respondent's Proposed Findings of Fact and Applicable Legal Standards
03-02-2022: Response to Renewed Motion to Dismiss
02-22-2022: Renewed Motion to Dismiss
02-18-2022: Amended Petition
02-15-2022: Motion to Dismiss
02-09-2022: Petition to Review Redistricting

Misc. No. 25, September Term, 2021
Petition of Mark N. Fisher, Nicholaus R. Kipke, and Kathryn Szeliga

08-31-2022: Opinion
04-25-2022: Grant Order on Motion to Modify Order to Extend Time for Withdrawal of Certificate of Candidacy 
04-11-2022: Memorandum from the State Regarding the Upcoming Primary Election
04-11-2022: Affidavit of Donna Duncan in Support of the Memorandum Regarding the Upcoming Primary Election
04-11-2022: State of Maryland's Response to the Exceptions to the Report of the Special Magistrate
04-08-2022: Petitioners' Exceptions to the Report of the Special Magistrate
04-06-2022: Order Granting Unopposed Motion for Leave to File Amicus Curiae Brief in Support of Petitioners
03-24-2022: Respondent's Exhibits X, Y, Z, AE and AF
03-24-2022: Plaintiff's Exhibit 20
03-23-2022: Plaintiff's Exhibits
03-23-2022: Respondent's Exhibits A through K (updated to include Exhibit K)
03-23-2022: Joint Stipulations of Fact
03-22-2022: Petitioner's Proposed Findings of Fact, Proposed Governing Legal Standards, and Opposition to Motion to Dismiss
03-22-2022: Respondent's Proposed Findings of Fact and Applicable Legal Standards
03-14-2022: Brief of Amici Curiae Bipartisan Former Governors
03-14-2022: Unopposed Motion for Leave to File Amicus Curiae Brief in Support of Petitioners
02-15-2022: Motion to Dismiss
02-15-2022: Order
02-15-2022: Motion For Extension of Time
02-09-2022: Petition to Review Redistricting

Misc. No. 26, September Term, 2021
Petition of Brenda Thiam, Wayne Hartman, and Patricia Shoemaker

08-31-2022: Opinion
04-25-2022: Grant Order on Motion to Modify Order to Extend Time for Withdrawal of Certificate of Candidacy 
04-25-2022: Motion to Modify Order to Extend Time for Withdrawal of Certificate of Candidacy
04-11-2022: Memorandum from the State Regarding the Upcoming Primary Election
04-11-2022: Affidavit of Donna Duncan in Support of the Memorandum Regarding the Upcoming Primary Election
04-11-2022: State of Maryland's Response to the Exceptions to the Report of the Special Magistrate
04-08-2022: Petitioners' Exceptions to the Report of the Special Magistrate and Memorandum in Support Thereof 
03-23-2022: Joint Stipulations of Fact
03-22-2022: Petitioner's Memorandum of Law and Response to Motion to Dismiss
03-22-2022: Respondent's Proposed Findings of Fact and Applicable Legal Standards
02-15-2022: Motion to Dismiss
02-09-2022: Petition Regarding 2022 Legislative Redistricting

Misc. No. 27, September Term, 2021
Petition of Seth Edward Wilson

08-31-2022: Opinion
04-25-2022: Grant Order on Motion to Modify Order to Extend Time for Withdrawal of Certificate of Candidacy 
04-11-2022: Memorandum from the State Regarding the Upcoming Primary Election
04-11-2022: Affidavit of Donna Duncan in Support of the Memorandum Regarding the Upcoming Primary Election
04-11-2022: State of Maryland's Response to the Exceptions to the Report of the Special Magistrate
04-08-2022: Petitioner's Exception to the Report of the Special Magistrate
03-22-2022: Respondent's Proposed Findings of Fact and Applicable Legal Standards
02-15-2022: Motion to Dismiss
02-15-2022: Amended Petition for Review and Request for Relief
02-09-2022: Petition for Review and Request for Relief

 

 

 

No. 45 - September Term, 2021
Dawnta Harris v. State of Maryland
Oral arguments to be heard Thursday, March 3, 2022 at 10:00 a.m. [Oral Arguments]


Issues – Criminal Law – 1) As a matter of first impression, is a common law felony murder an unintended homicide that, if perpetrated by the operation of a motor vehicle, has been preempted by the manslaughter by automobile statute, thereby precluding the common law offense from serving as a basis for a crime in Maryland? 2) Did CSA err in holding that a juvenile offender who is convicted of felony murder, and who is sentenced to a term of life with the possibility of parole, is not entitled to a constitutionally-heightened sentencing procedure to include consideration of the juvenile’s youth, the attendant circumstances, and penological justifications for a life sentence upon a juvenile for an unintentional killing?

06-08-2022: Opinion
02-22-2022: Reply Brief of Petitioner
02-01-2022: Brief of Respondent
02-01-2022: Brief of Amicus Curiae Human Rights for Kids in Support of Petitioner (Filed with Consent of All Parties)
01-03-2022: Record Extract volume 1 of 3
01-03-2022: Record Extract volume 2 of 3
01-03-2022: Redacted Record Extract volume 3 of 3
01-03-2022: Redacted Opening Brief of Petitioner
11-10-2021: Petition for Writ of Certiorari Granted
09-28-2021: Respondent's Answer to Petition for Writ of Certiorari
09-14-2021: Petition for Writ of Certiorari

 

 

 

No. 29 - September Term, 2021
Lee Boyd Malvo v. State of Maryland
Oral arguments to be heard February 8, 2022. [Oral Arguments]


Issues – Constitutional Law – 1) Under Miller v. Alabama, 567 U.S. 460 (2012), which barred life without parole “for all but the rarest of juvenile offenders, those whose crimes reflect permanent incorrigibility,” Montgomery v. Louisiana, 136 S.Ct. 718, 734 (2016), do the six life without parole sentences imposed on Petitioner violate the Eighth Amendment to the United States Constitution and/or Article 25 of the Maryland Declaration of Rights? 2) Does Miller apply to Maryland’s sentencing scheme, which gives the sentencing court discretion to impose life without parole? 3) Did the sentencing court violate Miller by failing to consider Petitioner’s youth and imposing life without parole for crimes which did not reflect permanent incorrigibility? 4) Did the sentencing court violate Article 25 by imposing life without parole without finding beyond a reasonable doubt that Petitioner was permanently incorrigible? 5) Does Article 25 categorically bar life without parole sentences for juveniles? 6) Did the trial court err in ruling that the life without parole sentences imposed on Petitioner are not “illegal” under Maryland Rule 4-345(a)?

08-26-2022: Opinion
01-31-2022: Appellant's Reply Brief
12-21-2021: Grant Order on Unopposed Motion to Postpone Oral Arguments
12-14-2021: OAG Letter of Clarification to the Joint Stipulation of Facts
12-07-2021: Brief for the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Appellant
12-07-2021: Brief of Roderick & Solange MacArthur Justice Center as Amicus Curiae in Support of Petitioner Lee Boyd Malvo
12-06-2021: Brief of Appellee
12-02-2021: Amici Brief of the the Juvenile Law Center, the Charles Hamilton Houston institute for Race and Justice, the Center on Race, Inequality, and the Law at the N.Y.U. School of Law, the Fred T. Korematsu Center for Law and Equality; and the Sentencing project as Amici Curiae in Support of Appellant Lee Boyd Malvo.
11-23-2021: Joint Stipulation of Facts
11-22-2021: Amicus Brief of Crime Victim's Representative Nelson Rivera
10-27-2021: Joint Record Extract
10-27-2021: Appellant's Brief
08-25-2021: Petition for Writ of Certiorari Granted (Second Corrected Order)
06-14-2021: Answer to Supplement to Pre-Judgment Petition for Writ of Certiorari
06-01-2021: Supplement to Pre-Judgment Petition for Writ of Certiorari
06-22-2018: Petitioner's Notice of Supplemental Authority
02-12-2019: Victim Representative's Answer (treated as Amicus Curiae brief)
02-06-2018: Answer to Pre-Judgment Petition for Writ of Certiorari
01-25-2018: Pre-Judgment Petition for Writ of Certiorari

 

 

No. 24 - September Term, 2018
State of Maryland v. Adnan Syed
Oral arguments to be heard November 29, 2018 at 10:00 a.m. [Oral Arguments: Normal Quality   Higher Quality]


Issues – Criminal Law – 1) Did CSA err in holding that defense counsel pursuing an alibi strategy without speaking to one specific potential witness violates the Sixth Amendment’s guarantee of effective assistance of counsel? 2) Did CSA draw itself into conflict with Curtis v. State, 284 Md. 132 (1978), when it found that Respondent waived his ineffective assistance of counsel claim based on trial counsel’s failure to challenge cell-tower location data, where the claim implicated the fundamental right to effective counsel and was therefore subject to the statutory requirement of knowing and intelligent waiver?

04-19-2019 Order on Motion for Reconsideration
04-08-2019: Respondent/Cross-Petitioner's Motion for Reconsideration
03-08-2019: Opinion of the Court of Appeals
11-19-2018: Reply Brief of Respondent/Cross-Petitioner
10-23-2018: Reply Brief of Petitioner/Cross-Respondent
09-21-2018: Joint Record Extract Volume II of II
09-21-2018: Joint Record Extract Volume I of II, part 2
09-21-2018: Joint Record Extract Volume I of II, part 1
09-21-2018: Errata Sheet to Amended Brief of Petitioner
09-21-2018: Amended Brief of Petitioner
09-20-2018: Brief of Amici Curiae
09-20-2018: Brief of Respondent/Cross-Petitioner
08-21-2018: Appendix to Brief of Petitioner
08-21-2018: Brief of Petitioner
07-12-2018: Petition for Writ of Certiorari and Conditional Cross-Petition both granted
06-18-2018: Reply to Answer in Opposition to Petition for Writ of Certiorari with Conditional Cross-Petition
05-29-2018: Answer in Opposition to Petition for Writ of Certiorari with Conditional Cross-Petition
05-05-2018: Petition for Writ of Certiorari

 

 

No. 85 - September Term, 2017
Linda H. Lamone v. Nancy Lewin, et al.
Oral Arguments heard May 2, 2018 at 10:00 a.m. [Oral Arguments]

Issue – Election Law – Did the trial court err in entering a preliminary injunction that requires Appellant to remove the name of a candidate from the ballot for the 2018 primary election, where the statutory deadlines have passed, laches bars the relief ordered, removal at this late date will disrupt the orderly process of the election and other, less disruptive, relief is available?


07-31-2018: Opinion
05-18-2018: Denial of Motion to Recall Mandate and For Reconsideration
05-18-2018: Opposition to Motion to Recall Mandate and For Reconsideration
05-18-2018: Exhibit A to Opposition to Motion to Recall Mandate and For Reconsideration
05-11-2018: Motion to Recall Mandate and For Reconsideration
05-02-2018: Per Curiam Order
05-01-2018: Appellees' Reply Brief
05-01-2018: Reply Brief of Appellant
04-30-2018: Record Extract
04-30-2018: Brief of Appellant
04-30-2018: Appendix (to Appellees' Brief)
04-30-2018: Appellees' Brief
04-27-2018: Petition for Writ of Certiorari Granted
04-26-2018: Opposition to Motion For Immediate Stay Pending Further Review
04-26-2018: Consent Motion to Shorten Time To Respond To Petitioner's Motion to Stay Pending Further Review
04-26-2018: Motion for Immediate Stay Pending Further Review
04-26-2018: Appendix to Petition for Writ of Certiorari
04-26-2018: Petition for Writ of Certiorari and Request for Expedited Review (Petition Docket No. 97, Sept. Term 2018)

 

 

 

No. 98 - September Term 2016
Jane and John Doe, et al. v. Alternative Medicine Maryland, LLC, et al.
Oral Arguments heard July 27, 2017 at 10:00am. [Oral Arguments]

Issues – Health General – 1) Are Appellants entitled to participate in a lawsuit, including a preliminary injunction hearing, where the Appellee (plaintiff in the trial court) has expressly asked to invalidate their award and any injunction would destroy their businesses, force them to lay off employees, cause substantial economic losses and deprive some Petitioners of needed cannabis therapy? 2) Should the trial court action be stayed pending resolution of the issue of indispensable parties, given that the Appellee waited months or years to seek a preliminary injunction and has no likelihood of success on the merits?

07-28-2017: Per Curiam Order
07-07-2017: Brief of Appellee & Appendix
07-07-2017: Brief of Appellee Natalie M. LaPrade Maryland Medical Cannabis Commission
07-07-2017: Line Supplementing Certificate of Service
07-06-2017: Opposition to AMM's July 3, 2017, Motion
07-06-2017: Order
07-03-2017: Respondent's Motion to Require Respondent Natalie M. LaPrade Maryland Medical Cannabis Commission to Argue with Petitioners, or in the Alternative, Motion for Additional Argument Time and Motion to Allow Respondent to File a Responsive Brief to any Brief Filed by Respondent Natalie M. LaPrade Maryland Medical Cannabis Commission
06-26-2017: Record Extract, Part 1 of 3
06-26-2017: Record Extract, Part 2 of 3
06-26-2017: Record Extract, Part 3 of 3
06-23-2017: Brief of Appellant Temescal Wellness, LLC
06-23-2017: Brief of Appellant Holistic Industries, LLC
06-23-2017: Brief of Appellant ForwardGro, LLC
06-23-2017: Brief of Appellants Jane and John Doe, et al.
06-09-2017: Order of Court of Appeals granting Petition for Writ of Certiorari
06-05-2017: Line by ForwardGro, LLC
06-05-2017: State Defendants' Supplemental Response to Petition for Writ of Certiorari and Motion to Stay Circuit Court Action
06-05-2017: State Defendants' Response in Opposition to Motion for Extension of Temporary Restraining Order Pending Appeal
06-05-2017: Line by Holistic Industries, LLC
06-05-2017: Line by Temescal Wellness, LLC
06-05-2017: Petitioner's Opposition to Motion to Maintain Status Quo
06-02-2017: Respondent's Motion to Maintain Status Quo Pending Further Order of This Honorable Court and Request for Hearing
06-02-2017: Order of Court of Appeals granting Motion for Stay of Proceedings in the Circuit Court for Baltimore City
06-02-2017: State Defendants' Response to Emergency Bypass Petition for Writ of Certiorary and Motion to Stay Circuit Court Action
06-02-2017: Respondent's Opposition to Petitioners' Anticipated Emergency Bypass Petition for Writ of Certiorary and Motion to Stay Circuit Court Action, etc., and Request for Hearing
06-02-2017: Appellants' Emergency Motion for Stay of Proceedings in the Circuit Court for Baltimore City and/or Injunction
06-02-2017: Emergency Bypass Petition for Writ of Certiorary and Motion to Stay Circuit Court Action

 
Cases pertaining to the Freddie Gray matter

Case No. 96 - September Term 2015
State of Maryland v. Brian Rice

Case No. 97 - September Term 2015
State of Maryland v. Edward Nero

Case No. 98 - September Term 2015
State of Maryland v. Garrett Miller
Oral Arguments in Nos. 96, 97, & 98 held March 3, 2016 at 10:00am.
[Oral Arguments 1Mbps] [Oral Arguments 5Mbps]

Issues – Courts and Judicial Proceedings - 1) Does Courts and Judicial Proceedings Article, § 9-123 require a court to order compelled, immunized witness testimony after verifying that the statutory pleading requirements of the prosecutor's motion to compel have been met, or does the statute instead permit a court to substitute its own discretion and judgment as to whether compelling the witness's testimony may be necessary to the public interest such that the court may deny a prosecutor's motion to compel even if the motion complies with the statute's pleading requirements? 2) Whether the circuit court's order denying the State's motion to compel Officer William Porter to testify is appealable, i.e. whether the order is a final judgment or an interlocutory order subject to appeal or an order appealable on any other basis?

Case No. 99 - September Term 2015
Alicia White v. State of Maryland; Caesar Goodson v. State of Maryland
Oral Arguments held March 3, 2016 at 10:00am.
[Oral Arguments 1Mbps] [Oral Arguments 5Mbps]

Issues – Courts and Judicial Proceedings - 1) Does Courts and Judicial Proceedings Article, § 9-123 provide Porter sufficient protection against self-incrimination to allow his testimony to be compelled in the trials of Caesar Goodson and Alicia White?

State of Maryland v. Brian Rice - Case No. 96- September Term 2015