Maryland Appeals / Appellate Law Questions & Answers

Q: I am trying to locate Circuit section 17-329, Business Occupation Article. It relates to filing an appeal to a DLLR Com

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Answered on Jan 10, 2019
Mark Oakley's answer
Maryland's statutes mostly appear in separate "Articles" divided by subject matter, and because your matter involves conduct or alleged wrongdoing of a licensed realtor or other real estate professional, those statutory code sections are found in the Business Occupations and Professions Article, under Title 17 of that Article.

17-323(d) provides:

(1) On completion, an investigation shall be referred directly to the Commission or its designee.

(2) If the Commission or...

Q: Can I appeal at protective order

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Domestic Violence for Maryland on
Answered on Oct 4, 2018
Mark Oakley's answer
You will need a lawyer to research whether you can in this situation. Ordinarily a district court protective order may be appealed to the circuit court and is heard “de novo”, meaning you get a complete do-over. However, there is a general legal doctrine that holds that a litigant may not appeal an order they consented to. You’ll have to carefully review the specific statute your protective order was issued under (peace order or domestic violence order) and see whether there is anything...

Q: Getting car sales licensein md and have not yet been convicted of insurance fraud is it even worth trying

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Answered on Aug 14, 2018
Mark Oakley's answer
Are you asking this question because you do not have a lawyer? You need to have a private conversation with your lawyer about this. It is impossible to know what you’re facing or what you should do without knowing all the facts. Talk with your lawyer or hire one. An offense at 16 years old should be a sealed juvenile matter unless you were charged as an adult. If this is your first adult charge you may be eligible to avoid a conviction.

Q: How do I file a motion or petition the court to order a stop garnishment from a creditor where I wasnt notified of trial

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Maryland on
Answered on Aug 14, 2018
Mark Oakley's answer
You may be too late to file a motion to vacate the judgment if you let a few months of wage garnishment pass before acting. There is a requirement that a party act diligently once they become aware to set aside a judgment that was entered without proper service. If you knew of the pending case before judgment was entered, then you probably are out of luck.

Q: How do I appeal a bankruptcy that undervalued assets, sold off the assets, and then dismissed the bankruptcy?

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for Maryland on
Answered on Jul 8, 2018
Timothy Denison's answer
File a notice of appeal in the bankruptcy court and pay the filing fee. That will perfect your appeal to the United States District Court in Maryland.

Q: I was found guilty of CDS poss in 2016 but sentenced after penilty changes

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Maryland on
Answered on Apr 2, 2018
Mark Oakley's answer
You are subject to the maximum sentence provided by the law as it was in effect on the date of the offense. The sentencing guidelines are not binding, and a judge is free to consider any mitigating or aggravating circumstances in arriving at the sentence.

Q: need to write a brief to keep my house I am daughter of father am in his will - what authorities ? I am appealing errors

2 Answers | Asked in Appeals / Appellate Law, Estate Planning and Probate for Maryland on
Answered on Nov 30, 2017
Richard Sternberg's answer
This isn’t even close to the information a lawyer needs to appeal a case. If you are lucky, this is a de novo appeal from a district court decision. Regardless, there is no way around it: you need to pay for legal services, and you might want to start with a consult to determine whether you’ll be throwing good money after bad. But, if it is something like a foreclosure or a district court judgment, there may be time to recover this from a forfeiture. See a competent lawyer immediately.

Q: If i was convicted of a mis. Poss of handgun then the charged was appealed,and granted and then got a pbj and expunged

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on
Answered on Sep 18, 2017
Thomas Joseph Maronick Jr's answer
Likely yes based on the expungement and you not having other disqualifying offenses

Q: Felony Expungement

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and White Collar Crime for Maryland on
Answered on Aug 16, 2017
Eric Todd Kirk's answer
Did she file a motion to modify within 90 days of her conviction? If so, and if that has not been ruled on, then yes, she may still have that opportunity.

Q: What are the time limits for seeking judicial review of an order issued by the Maryland Public Service Commission?

1 Answer | Asked in Appeals / Appellate Law, Energy, Oil and Gas and Gov & Administrative Law for Maryland on
Answered on Jul 14, 2017
Glenn B. Manishin's answer
1. Timing: You have 30 days to petition for judicial review pursuant to MD Rules R. 7-203.

2. Standing: Under MD Pub Util Code § 3-202, "a party or person in interest" can appeal. Federal law for FCC appeals construes similar language to require that the appellant/petitioner be a party to the regulatory proceeding, but I do not know what MD law says on that subject. One way to cure such a default would be to petition the MPSC for reconsideration, since under § 3-294, "if a rehearing...

Q: Is it possible to sue the Post Office pro se?

1 Answer | Asked in Civil Litigation, Contracts, Employment Law and Appeals / Appellate Law for Maryland on
Answered on Jun 5, 2017
June Marie Marshall's answer
Did you work for the Post Office? If you were a PO employee, you would be covered under the NLRB, EEOC, or the collective bargaining agreement (if you were in the bargaining unit). You raise more than one dispute here, e.g., suspension and EEOC complaint. Each are different areas and have time limits. I can't help you without more information. When were you suspended? Were you in a bargaining unit? When did you file your EEO complaints filed? Have you tried to follow up with the EEOC?...

Q: My son was sentenced to 18 months for a first time technical VOP on Friday. Everyone that I have talked to has said the

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Answered on May 26, 2017
Thomas Joseph Maronick Jr's answer
The problem is that a VOP is technically a civil proceeding. The sentence was already given out by the judge who then imposed it upon a preponderance of the evidence finding that the defendant violated probation. So the legal standard is different. Judges have wide latitude to impose the sentence.

Q: Is postconviction relief the same as appealing a case.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on
Answered on May 25, 2017
Thomas Joseph Maronick Jr's answer
Post conviction relief is generally used if the appeal fails. It must be on a number of grounds such as new evidence surfacing like DNA or that your trial counsel failed to provide adequate assistance at trial. An appeal is what you are allowed to file if timely and depending on what court you are in for a new trial (de novo appeal) or on certiorari if the case is a Court of Appeals case

Q: Does a police officer need probable cause to stop your vehicle. a) is yes, does the police have to state in their

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law, Car Accidents and Constitutional Law for Maryland on
Answered on Apr 3, 2017
Peter N. Munsing's answer
An officer doesn't have to state the reasons he stopped the vehicle in any citation. He observed something wrong and can flag you over. If he's going to arrest or search he needs probable cause. In stop and frisk, it's the frisk that is more probable cause related.The officer can ask someone to stop he suspects of a crime. Now whether that person needs to comply is a little different in a street stop. Not so with a car. Focus on the violations and not the Con. Law

Q: I have a few questions, basically resolving on one certain incident. But basically is 40 years to long to re open a case

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Criminal Law for Maryland on
Answered on Jan 28, 2017
Cedulie Renee Laumann's answer
Double jeopardy prevents re-prosecuting a criminal case against someone, even if the full story was not told at the original trial. There are other legal doctrines that generally prevent the litigation of very old cases (although statute of limitations may not apply to certain acts like murder).

Q: I need a lawyer for my husband for an appeal? I don't have any money can someone help?

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on
Answered on Nov 11, 2016
Bennett James Wills' answer
If your husband was convicted and can't afford private counsel on appeal then the public defender's office may be able to help. Call them.

Q: How many times can someone appeal before a judge says enough?

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Answered on Nov 11, 2015
Robert Jason De Groot's answer
That depends upon the facts, and you gave none

Q: The dad was granted visitation every other weekend if i apeal do i still have to let my kids go with him

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Answered on Nov 9, 2015
Robert Jason De Groot's answer
You needed an attorney back then, a good one who could explain the law to you.

Q: I am the appellee, pro se, in a Maryland district court Peace Order Case Appeal. The appeallant, is opposing lawyer in

2 Answers | Asked in Appeals / Appellate Law for Maryland on
Answered on Oct 24, 2015
Robert Jason De Groot's answer
Whenever you need legal advice, you have to set an appointment with an attorney who handles that type of case.

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