Appellate Watch by Cary Hansel
Cary J. Hansel is an attorney with Joseph, Greenwald & Laake, P.A. in Greenbelt, Maryland. He received his JD from George Washington University School of Law and his undergraduate degree from Washington and Lee University. Since being admitted to the bar in December 1999, Mr. Hansel has concentrated his practice in trial and appellate advocacy. He has argued and/or authored briefs in ten reported cases in the appellate courts of Maryland, two on behalf of MTLA.
The Appellate Watch Program and articles in the quarterly Trial Reporter have been a part of MTLA member services for several years. Appellate Watch was instituted for several reasons: First, the Program alerts our Amicus Committee about any cases and issues of importance to the MTLA. Second, members are advised of the issues pending before the Court of Special Appeals. Finally, due to the gracious assistance of Court of Special Appeals Clerk, Leslie Gradet, MTLA is able to provide members with copies of appellate briefs cited in these articles. To obtain a copy of a brief at nominal cost, contact MTLA’s Executive Director, David B. Walls, CAE, CMP. Please use the order form that appears at the end of Appellate Watch.
Case # Case Name 369-02591-04 Department of Public
Counsel for Appellant Area of Law
Safety and Correctional Attorney General
Services v. Richard Keenan of Maryland (410) 875-3570 Administrative Appeal
Judge Jurisdiction
J. Joseph Koran, Jr. Hackner/Anne Arundel County
Issues
Did the Circuit Court apply the correct stan- dard of review, in determining that termination of the Appellee’s employment was arbitrary or capricious in a case where the Appellee had served as a Correctional Officer and had detained a juvenile participant in a Scared Straight Pro- gram, as a result of the juvenile’s demonstration of a poor attitude and lack of a visitor badge? The allegations were that the juvenile was hand- cuffed, detained with prisoners, had his belt and shoes taken, and was threatened by the officer in question with pepper spray.
370-02301-04 Chapham, et al. v. Smith, et al.
Edward J. Brown and Amy L. Leone
(301) 762-7770 Personal Injury
Cavanaugh/ Baltimore County
Did the Circuit Court err by ordering that sur- veillance tapes of the plaintiff to be used for impeachment purposes were excluded from use at trial because they had not been disclosed prior to the deposition of the Plaintiff in response to Interrogatories? And, did the Court further err by ordering that the surveillance tapes be pro- duced to the plaintiffs even though they were to be used only for impeachment purposes?
371-2381-04 Estate of Otis Mae James Brewster Hopewell Judge Not
Robinson Barnes, et al. v. (301) 699-0031 Scott Management, Inc. Premises Liability
Reported/Prince George’s County
In a case in which an individual set fire to an apartment complex, may the management com- pany be held liable given the allegation that the defendant engaged in ongoing criminal activity and that this was known by the management company who allegedly failed to act to stop it?
38
Trial Reporter
Fall 2005
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