Court of Appeals

Maryland high court grants homeless mother new trial in truancy case

June 18, 2021 Leave a comment

A Washington County mother who moved frequently with her child from a homeless shelter to motels will get a new trial on a charge that she failed to send the youngster to school.

Tagged with: COVID-19 Maryland District Court truancy

Retiring Chief Judge Barbera thanks bench and bar for ‘wonderful ride’

June 16, 2021 Leave a comment

“I am gratified beyond words to do the work of justice,” said Court of Appeals Judge Mary Ellen Barbera, who reaches Maryland’s mandatory judicial retirement age of 70 on Sept. 10. (The Daily Record/File Photo)

Maryland’s retiring top jurist Wednesday ended her last public appearance on the bench by thanking the state’s judiciary and more than 40,000 attorneys for “keeping the rule of law strong.” “I am gratified beyond words to do the work of ...

Tagged with: Brian Frosh J. Joseph Curran John Morrissey judicial retirement Larry Hogan Mary Ellen Barbera Paul DeWolfe

Maryland high court lifts attorneys’ diligence burden in fraudulent ballistics expert appeals

June 9, 2021 Leave a comment

The Maryland Court of Appeals has ordered a trial court to review whether the long-accepted courtroom science linking fatal bullets to specific guns in homicide cases withstands the court's new standard for scientific evidence. (AP Photo/Mike Groll, file)

Attorneys no longer need to defend their failure to have unmasked Maryland’s former longtime ballistics expert as a fraud in their effort to get their convicted clients a new trial, the state’s top court has ruled.

Tagged with: ballistics due diligence expert testimony Joseph Kopera

Maryland high court rules pets’ wrongful deaths are capped

June 7, 2021 Leave a comment

The Court of Appeals builiding in Annapolis. MF-D 9/20/04.

Owners of pets killed by the negligence of others can recover at most $10,000 under Maryland law, the state’s top court ruled.

Tagged with: damages cap dogs pets police shooting wrongful death

Barbera’s legacy includes landmark cases, pandemic management, court reform

May 30, 2021 Comments Off on Barbera’s legacy includes landmark cases, pandemic management, court reform

Mandatory retirement will require Chief Judge Mary Ellen Barbera to step down later this year after eight years in the job. (The Daily Record/File Photo)

Maryland Court of Appeals Chief Judge Mary Ellen Barbera began her tenure as the state’s top jurist and the Judiciary’s lead administrator in July 2013 by pledging to strive for the “equal, fair and timely administration of justice.”

Tagged with: bail reform justice delayed marijuana possession Mary Ellen Barbera pandemic

Travelocity wins Md. high court tax battle with state comptroller

May 7, 2021 Comments Off on Travelocity wins Md. high court tax battle with state comptroller

“In sum, Travelocity facilitated the right to occupy a hotel room or rent a vehicle during the audit period, but did not acquire ‘title or possession’ as required for a ‘sale’ under the Tax Code Section 11-101(i), and is therefore not liable for the tax,” wrote Judge Michele D. Hotten for the majority. (File Photo)

In a defeat for the tax collector, a sharply divided Maryland high court has ruled that the hotel and rental car booking website Travelocity.com does not owe state sales and use taxes for the years before Maryland’s tax law changed ...

Tagged with: Maryland Tax Code peter franchot sales and use tax Travelocity

Md. high court faults CSI effect instruction, overturns conviction

April 26, 2021 Comments Off on Md. high court faults CSI effect instruction, overturns conviction

In approving the proposal to amend Rule 702, the advisory committee was blunt in its criticism of federal courts for not adhering to the previous iteration of the rule.

A judge’s television crime drama-inspired jury instruction that prosecutors need not present forensic evidence to prove guilt was a harmful error, Maryland’s top court ruled Friday in overturning a man’s robbery and assault conviction and 30-year prison sentence. In its ...

Tagged with: CSI forensic evidence harmless error Jury instructions

Md. high court hears PG town’s appeal of national origin bias ruling

April 12, 2021 Comments Off on Md. high court hears PG town’s appeal of national origin bias ruling

An attorney for Riverdale Park urged Maryland’s top court Monday to overturn a ruling that the Prince George’s County town illegally discriminated against a Palestinian-American towing company owner in awarding a towing contract. Riverdale Park’s decision to bypass Mamoun Ashkar’s ...

Tagged with: national origin bias Palestinian-American towing companies

Md. voters will vote on name change for appeals courts

April 7, 2021 Comments Off on Md. voters will vote on name change for appeals courts

Court of Appeals Chief Judge Mary Ellen Barbera says the proposed name change necessary because the current moniker is “the source of much confusion.” (The Daily Record/File Photo)

Maryland voters will decide next year whether “justice” comes to the state. The Maryland Senate on Tuesday joined the House of Delegates in approving a proposed constitutional amendment to change the name of the state’s top judicial tribunal from the ...

Tagged with: maryland court of appeals Maryland Court of Special Appeals

Md. high court upholds Baltimore’s billboard tax

March 15, 2021 Comments Off on Md. high court upholds Baltimore’s billboard tax

The high court’s decision was a defeat for Clear Channel Outdoor Inc.’s constitutional challenge to the billboard tax.
(The Daily Record/Maximilian Franz)

Baltimore’s tax on commercial billboard operators does not violate their constitutional right to free speech in the advertisements and messages they post, Maryland’s top court ruled Monday in upholding the city’s charge. In its 6-1 decision, the Court of Appeals ...

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