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appellate litigation

Jun 1, 2018

In federal appellate courts, pen is mightier than spoken word

Much like the sacrifice bunt in baseball or the keytar in pop music, the federal appellate court oral argument is slowly fading away.

Monkey selfie
Apr 25, 2018

When it comes to this picture, I’ve got no selfie control

Welcome back, old friend.

Feb 10, 2016

Officers seek to block state’s appeal in Freddie Gray case

Three Baltimore police officers charged in the Freddie Gray case are asking Maryland’s second-highest court to block the state from appealing a lower-court ruling barring another officer from testifying against them. Lawyers for Lt. Brian Rice and officers Garrett Miller and Edward Nero attached the motions to Baltimore City Circuit Court filings made public Tuesday. […]

Jan 27, 2016

Attorney urges 4th Circuit to rule in Va. transgender student’s favor

RICHMOND, Va. — Public schools and courts across the country will be closely watching a Virginia case for guidance on restroom policies about gender and gender identity, a lawyer for a transgender teenager said Wednesday after a hearing before a Richmond-based federal appeals court. “In some respects, this will be a bellwether,” said American Civil […]

Jan 22, 2016

Md. high court: Landowner has no claim to Purple Line right-of-way

A proposed light rail system between Bethesda and New Carrollton cleared an obstacle Friday when Maryland’s top court unanimously held that a Chevy Chase resident does not own a section of property along the planned Purple Line. In its 7-0 decision, the Court of Appeals rejected Ajay Bhatt’s argument that the fence and shed he […]

Jan 19, 2016

On camera and on air – Court of Appeals version

In my last blog post, I wrote about the Maryland Rules addressing the broadcast of trial court proceedings and how there seems to be a presumption against such broadcast. Contrast that with another court in Judiciary, the Maryland Court of Appeals. For those who don’t know, the state’s highest court offers both a live webcast […]

Jan 18, 2016

Seth M. Rotenberg: Your presence is (not necessarily) requested at foreclosure sales

In the recent case of Fisher v. Ward, et al., the Maryland Court of Special Appeals held that a foreclosure trustee need not be physically present at a foreclosure sale, and that the trustee’s “constructive” presence would suffice.  Additionally, the court held that actual prejudice to the party objecting to the foreclosure sale must be […]

Nov 24, 2015

Md. Court of Appeals will hear accused double-murderer’s appeal

In a case involving an accused double murderer, Maryland’s top court will consider how much deference appellate courts owe to a judge’s finding that evidence was collected in violation of a criminal defendant’s constitutional rights.

Nov 23, 2015

Md. appellate panel tosses millions awarded in landlord-tenant dispute

A Maryland appellate panel has thrown out most of the $8 million in compensatory and punitive damages awarded to the former owner of a Rockville office building from a tenant who allegedly twice forced the landlord into foreclosure because of unpaid rent. The Court of Special Appeals, in an unreported opinion earlier this month, held […]

Nov 9, 2015

Maryland public defender appeals DNA case to Supreme Court

Maryland's chief public defender asked the U.S. Supreme Court on Monday to review and overturn a state high court ruling that police acted constitutionally when they used the DNA sample a homeless man gave them for a rape investigation to link him to an unrelated burglary.

Jul 28, 2015

4th Circuit halts Towson U. football player’s return to field

A federal appellate panel has granted a stay of a judge’s decision that would have allowed a Towson University football player to return to the field after suffering a near-fatal heatstroke. The ruling raises the possibility that Gavin Class, who only a few days ago was celebrating his trial-court victory, will miss out on the […]

Jun 2, 2015

4th Circuit overturns prison sentence but only publishes footnote

The 4th U.S. Circuit Court of Appeals has vacated and remanded the sentence of a member of a Maryland-based prison gang charged with multiple counts of murder and racketeering. But the appellate panel’s reasoning in John Adams’ case is unknown beyond finding the “district court committed plain error” because the opinion is sealed. Instead, the […]

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