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Maryland Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on
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

Could i be eligible to get a gun license. And for dv or civil exparte that has been dismissed because of fta of the plantiff and then shielded?

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Sep 18, 2017

Likely yes based on the expungement and you not having other disqualifying offenses

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and White Collar Crime for Maryland on
Q: Felony Expungement

My girlfriend was convicted in 2010 of theft (non-violent) and was sentenced to 1 year of work release (She would live at the jail, go to work, and then report back to the jail), and then served 5 years on probation.

She has since completed her probation with no trouble. Can her felony be... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Aug 16, 2017

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.

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1 Answer | Asked in Appeals / Appellate Law, Energy, Oil and Gas and Gov & Administrative Law for Maryland on
Q: What are the time limits for seeking judicial review of an order issued by the Maryland Public Service Commission?

The Maryland Public Service Commission recently approved electric rate increases to subsidize two offshore wind projects. In so doing it appears to have violated the Maryland Offshore Wind Act of 2013, which requires that a project must pass a cost-benefit test before the PSC can approve it. The... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on Jul 14, 2017

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...
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1 Answer | Asked in Civil Litigation, Contracts, Employment Law and Appeals / Appellate Law for Maryland on
Q: Is it possible to sue the Post Office pro se?

Who has jurisdiction over the Post Office if you're NOT a veteran? I tried MSPB for suspension for more than 14 days, but it was dismissed because I'm not preference eligible. DOL stated they CAN'T help, so did NLRB. I've done a EEO complaint 3 times and still nothing. I was... Read more »

June Marie Marshall
June Marie Marshall answered on Jun 5, 2017

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... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
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

sentence is completely unjust considering it was a technical violation and he has no record prior to his 2nd degree assault from over a year ago and no criminal history since the probation was ordered. My issue is I can't find any resources regarding appeals, reviews, etc. for a VOP sentence.... Read more »

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on May 26, 2017

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... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on
Q: Is postconviction relief the same as appealing a case.
Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on May 25, 2017

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... Read more »

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

report/cititation the reason they stop your vehicle. b) if not is that grounds for dismissal at a motions hearing regardless of any citations issued. c) what would be a good up to date case to cite e.g., Maryland V. Pringle, 540 U.S. 366, 371 (2003), or is their a more recent case. In my case I was... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 3, 2017

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... Read more »

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Criminal Law for Maryland on
Q: I have a few questions, basically resolving on one certain incident. But basically is 40 years to long to re open a case

My uncle was stabbed and killed in the back 40 years ago. The man got off on self defense. Is there anyway to appeal or retry the case in court. I understand double jeporday, but I don't believe the full story was told with the recent discoveries I've made.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 28, 2017

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).

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on
Q: I need a lawyer for my husband for an appeal? I don't have any money can someone help?

My husband was giving 27 months to 54 months consecutive 3 years probation. He would like to fight this.

Bennett James Wills
Bennett James Wills answered on Nov 11, 2016

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.

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Q: How many times can someone appeal before a judge says enough?
Robert Jason De Groot
Robert Jason De Groot answered on Nov 11, 2015

That depends upon the facts, and you gave none

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Q: The dad was granted visitation every other weekend if i apeal do i still have to let my kids go with him

I was granted full custody yesterday there dad was gtanted visitation every other weekend if i appeal this today will i still have to let the kids go with him or can i say i have appealed the judges orders and let them stay home with me. Also if i do have to let them go if there dad is late picking... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Nov 9, 2015

You needed an attorney back then, a good one who could explain the law to you.

2 Answers | Asked in Appeals / Appellate Law for Maryland on
Q: I am the appellee, pro se, in a Maryland district court Peace Order Case Appeal. The appeallant, is opposing lawyer in

Family law case we are both party to(I am the Plaintiff). I never received notice of his appeal, and I question the validity of him being given a de novo hearing since no criminal charges were sought or filed. Anyone that can help me? I was going to attempt pro se litigation, but the more I... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 24, 2015

Whenever you need legal advice, you have to set an appointment with an attorney who handles that type of case.

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1 Answer | Asked in Appeals / Appellate Law for Maryland on
Q: How should a pro se appellant refer to himself in a legal memorandum? In the third person? or is that silly?

The following sentences feel like a contrived attempt at legalese by a wannabe-lawyer. If I refer to myself as "I" or to me and my wife as "we" would that be better or worse than "the tenant-appellant-defendants" or Mr and Mrs Q? I'm self-conscious of my pro se... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

Mr. and Mrs. sounds better doesn't it?

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Q: Collecting a counterclaim from District to Circuit by appeal will District forms still be used writ of execution, etc?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

Go see an appellate attorney about this. That is what you should have done over a year ago.

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Q: My supreme court case was denied there has been a change in statute affecting the decision how do I redress this?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

The internet is not the place to get specifically tailored legal advice, you should at least go see an appellate attorney for a full discussion. It takes a lot of work just to tell you whether there is an appealable issue.

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Q: When is am unemployment appeal decision final?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 12, 2015

Usually when the court of appeals rules on the matter.

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Q: what is the purpose of an appellee dispositive motion

I am appealing a case that was dismissed without the opportunity to conduct discovery. I'm now in the appeals process and have now received relevant evidence. I have already filed my statement of issues. The next step is dispositive motions if needed. would this apply to me?

Jason Ostendorf
Jason Ostendorf answered on Jan 23, 2015

A dispositive motion may be filed in a Maryland appeal by the appellee if the appellant missed the appellate filing deadline, or if the case has been rendered moot. The former is the most common basis for a dispositive motion on appeal. Since you are the appellant, you should not attempt to file... Read more »

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Q: in Maryland P.G. County Circuit Court what does the "CAL" bfore the case number translate to in a contract case appeal.
Thomas C. Valkenet
Thomas C. Valkenet answered on Oct 30, 2014

It is merely a court's administrative format for designating actions at law, as opposed to criminal and other causes of action.

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