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Maryland Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Maryland on
Q: Can you have a review of sentence if there were no jury instructions on mental issues of ptsd&paranoia&drunk at the time

During jury deliberation the jury ask court if first degree murder meant he intended to kill the one person or anyone. The prosecutor was allowed by Judge to give them transfer of intent to anyone. Mental health on both sides proved defendant had ptsd, Paranoia, Social Anxiety, alcohol and drug... View More

Mark Oakley
Mark Oakley
answered on May 8, 2023

There is no special instruction for that, and the general instructions on intent are sufficient. What you are arguing is based on the evidence which I assume was presented at trial and was therefore argued on your behalf by your lawyer as a basis to raise a reasonable doubt as to your ability to... View More

1 Answer | Asked in Divorce, Appeals / Appellate Law and Libel & Slander for Maryland on
Q: "Brief to Appellate Court shall be securely bound along left margin". What is the standard way of doing it for judges?

Are there any photographs of properly bound briefs, so that I know how to conform to what is expected? Maryland Rules do not go into sufficient detail.

I have been forced to be a Pro Se defendant, in appealing to the Appellate Court of MD. My wife, a former attorney, has successfully... View More

Charles William Michaels
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Charles William Michaels
answered on Mar 6, 2023

The brief should be "spiral bound" along the left margin. Staples are not accepted. Any quality copy center or brief printer should be able to help you. And if you are the appellant--the brief cover must be yellow, as well as the record extract. The brief should be printed on ONLY one... View More

1 Answer | Asked in Civil Rights, Appeals / Appellate Law, Domestic Violence and Libel & Slander for Maryland on
Q: I had someone who FALSELY filed a Peace order on me back in 2019. Can I still get a transcript and legal action.

In 2019 she filed a peace order on me lying what happen. Right after court I got messages on xbox of her telling me she lied and she only did it to keep me away bc she was had a bf and but she was the one trying to see me. I have multiple forms of proof and got told I cant remove it off my record... View More

Mark Oakley
Mark Oakley
answered on Feb 12, 2023

That's 4 years ago now. Statute of limitations for filing a claim for civil abuse of process is 3 years from the date the claim arose, which is the date she filed the false petition or the date it was finally adjudicated in your favor, as is any other civil claim you might come up with to sue... View More

2 Answers | Asked in Appeals / Appellate Law for Maryland on
Q: I appeal a circuit court decision pro se. Judgment vacated & remanded 4 further proceedings. What should i do now

I like to know whether i should file a new suit or the entire case filed earlier will continue since the md court of special appeals vacated and remanded the judgment for further proceedings. I will obviously need to hire an attorney going forward. Yet i like to know my available recourse

Charles William Michaels
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Charles William Michaels
answered on Dec 9, 2022

With a remand for further proceedings, you should not have to do anything. The circuit court will get the case back from appellate court, and the circuit court case will start up again. You should receive notice when that should happen.

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2 Answers | Asked in Appeals / Appellate Law for Maryland on
Q: I appeal a circuit court decision pro se. Judgment vacated & remanded 4 further proceedings. What should i do now

I like to know whether i should file a new suit or the entire case filed earlier will continue since the md court of special appeals vacated and remanded the judgment for further proceedings. I will obviously need to hire an attorney going forward. Yet i like to know my available recourse

Mark Oakley
Mark Oakley
answered on Dec 8, 2022

You do not and cannot re-file the suit. The case goes back to the circuit court to address whatever the CSA directed the circuit court to do. Whether that means a retrial of the entire case, or to address a particular issue or determination, depends on what the order for remand says.

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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Maryland on
Q: Is it legal malpractice when your appeals lawyer sends another lawyer in his place without your consent or telling you

If your told your appeals attorney will be at court defending you but sends someone else you've never talked to instead without talking to you about it. He also failed to send another lawyer from the trial court county to testify he would have tried your case differently when your seeking... View More

Joel Gary Selik
Joel Gary Selik
answered on May 8, 2023

It depends on the fee agreement and other facts. Generally, an attorney hiring and using associated attorneys is acceptable.

1 Answer | Asked in Contracts, Appeals / Appellate Law and Small Claims for Maryland on
Q: Is there a specific form to file a motion to vacate judgement in Maryland District Court?

Its a contract related matter and the Prince George's county entered an Affidavit Judgement. I am trying to file a motion to vacate, so is there a form that needs to be filled along with the reason for not being present before the court or just a letter addressed to the clerk/court will... View More

Leonard A Englander
Leonard A Englander
answered on Feb 2, 2023

You would use a general motion form. You should include any information as to why you did not show up in court, as well as any defense that you might have raised in the contract claim (i.e you didn't owe the money, you paid it already, etc.)

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Q: I recently won an appeal in a breach of lease case during the case I filed an emergency motions to stay

During the appeal case, my landlord attempted to have me removed from the property because the original case was in her favor for restitution of the apartment. I filed for emergency motions to stay because I had appealed the case and motions to stay was ordered I paid a bond of $250 once I paid... View More

Charles William Michaels
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Charles William Michaels
answered on Jan 31, 2023

As far as I am aware, the stay and bond "freezes" the case. No rent is due during the stay, the bond should cover that.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Maryland on
Q: How does a motion for reconsideration work?

In April I went to court with my ex for him assaulting me. He took a plea deal and is serving 18 months. I noticed that he filed for a motion for reconsideration. Some context- he was already on probation for felony assault when he was charged with assaulting me. Before trial, he was MIA from his... View More

Mark Oakley
Mark Oakley
answered on Jul 17, 2022

He may be seeking to reduce his sentence, or where he is serving the sentence (like a prerelease work facility) but what exactly he is seeking to modify can only be known by reading the motion. It is impossible to guess when or whether a judge would reconsider the sentence imposed after already... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: can you get a pbj back once it's taken from you

I pleaded guilty to a 2nd degree assault charge which resulted into a pbj but then a few years later I got another charge and my pbj was taken by the judge is there anyway I can get it back its not expundgeable without the pbj is it possible to appeal or go back to court

Scott Scherr
Scott Scherr
answered on May 1, 2022

From the date the judge reinstated the conviction, you have 30 days to appeal and 90 days to file a motion to modify your sentence.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: Someone had a trial for 5 days and one of the days transcripts are missing what could possibly happen next or be done?

This is year 5 that they have served, this is in the state of Maryland, they did appeal but are unable to fight case because parts of the transcripts are missing, the charges are murder, attempt murder, armed robbery etc, little to no evidence, no line up was done,

Mark Oakley
Mark Oakley
answered on Jan 4, 2022

Impossible to ascertain from your post what, if any, basis there would be to change the result after 5 years, a (completed?) appeal, and unknown circumstances and relevance of the missing day's transcript. A lawyer would have to review the entire case file, talk to trial and appellate counsel... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: If a waiver of Rights form was filled by the lawyer and not defendant and not filled out entirely is still valid
Mark Oakley
Mark Oakley
answered on Jun 5, 2021

What's valid is your signature under the acknowledgement paragraph that states you have fully read and understand all the rights afforded to you at trial, and that you are knowingly and voluntarily waiving those rights by entering the plea of guilty. What is also valid is your standing silent... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: If someone is looking for habeas corpus relief, but the state Court can not produce their plea bargain what can they do

Also if the courts can't produce the transcripts are there any grounds for dismissal? What if that case is only 2 years old? Is there any cases I can read up on about this?

Mark Oakley
Mark Oakley
answered on Jun 5, 2021

Habeas Corpus relief does not guarantee that there will be trial transcripts to support whatever it is you are arguing that meets the basis for receiving such an extraordinary remedy. Defects in guilty pleas are generally raised by post plea/sentence motions to vacate or reconsider, or by appeal,... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on
Q: Retain an attorney for an Appeal of a Replevin / Show Cause hearing. The defendant is my son who has tried to murder me!

The defendant is my son who hates me enough to murder me and failed. I provided $300.00 to the purchase of the dog, "Bear", paid for over $2000.00+ medical bills, paid for all but eight? bags, of dog food, poop bags, treats, cared for him twenty-four hours a day even when my murderess son... View More

J. D. A.
J. D. A.
answered on May 12, 2021

Assuming that the case was litigated in district court, an appeal could be taken to the circuit court within 30 days. However, it is not clear from the question if the time to file an appeal from the original judgment (as opposed to the decision in the contempt/show cause hearing) has passed.... View More

1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Custody for Maryland on
Q: I lost a case in Maryland District Court, how long do I have to file an appeal for De Novo hearing in circuit court?

I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?

Mark Oakley
Mark Oakley
answered on Nov 28, 2020

You have 30 days to file an appeal in a civil case to the Circuit Court. The only appeals that result in a de novo trial are small claims proceedings (claims filed requesting $5,000 or less in District Court), or petitions for peace orders, or domestic violence petitions. Civil claims seeking more... View More

1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Custody for Maryland on
Q: I lost a case in Maryland District Court, how long do I have to file an appeal for De Novo hearing in circuit court?

I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Nov 28, 2020

A party has generally 30 days from the final judgment to appeal. If in the District Court the appeal goes to the Circuit Court.

2 Answers | Asked in Appeals / Appellate Law, Divorce and Child Custody for Maryland on
Q: If the plaintiff lose a case to the defendant, can the plaintiff file an appeal to have defendant trial twice?

The plaintiff file false domestic violence restraining order case in the District Court and was found to lie. The defendant won the case. Can the plaintiff file an appeal to have the defendant trail twice for the same case?

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Nov 28, 2020

Either party who is dissatisfied with the results in the trial court can appeal. If the case was in the District Court, the appeal goes to the Circuit Court.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: I had a charge that I had plead guilty to which was about bank fraud received 5-6 mths house arrest over 7 years ago

Now I have a business need to carry because I handle money and bank drops alone I'm a lady leave alone my crime isn't violent why does this prevent me from getting my HQL

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2020

You'll need to check the requirements of the licensing authority. They may or may not be concerned as to whether or not an applicant has been convicted of a crime of violence. They may be more concerned with convictions relating to honesty and propensity to tell the truth. If this is a crime... View More

2 Answers | Asked in Appeals / Appellate Law and Arbitration / Mediation Law for Maryland on
Q: Do arbitrators intervene in appeal of arbitration awards?

I have filed a motion to vacate an arbitration award which was administered by an arbitrator employed by the Attorney General’s office. The AG has filed a motion to intervene as well as a motion to dismiss. This seems unusual. Do arbitrators normally become involved in the appeal process?

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Aug 16, 2020

No, in my experience arbitrators do not usually become involved in the appeal process. But what is your question directed to, concerning the appeal process or your case?

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1 Answer | Asked in Employment Law, Workers' Compensation and Appeals / Appellate Law for Maryland on
Q: What does the duration of disqualification for 8-1002 mean exactly? Does that mean I have to pay back unemployment?

Received a letter from MD unemployment that my benefits were being disqualified, but didn’t understand the “denied until reemployed and earn 25x weekly benefit amount”. Do appeals for 8-1002 have any chance?

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 31, 2020

If the state believes that you received unemployment benefits previously that you should not have received, they will separately contact you about repayment. You're ineligible to receive benefits for the stated period. It's not possible to comment on the likelihood of success on the... View More

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