Rethinking Retroactivity in Light of the Supreme Court’s Jury Unanimity Requirement

MICHAEL C. DORF

In light of the U.S. Supreme Court’s decision Monday in Ramos v. Louisiana, in which it held that the federal Constitution forbids states from convicting defendants except by a unanimous jury, Cornell law professor Michael C. Dorf discusses the Court’s jurisprudence on retroactivity. Dorf highlights some costs and benefits of retroactivity and argues that the Court’s refusal to issue advisory opinions limits its ability to resolve retroactivity questions in a way that responds to all the relevant considerations.

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Baltimore City Police Department v. Potts

Docket: 51/19

Opinion Date: April 24, 2020

Judge: Shirley M. Watts

Areas of Law: Civil Rights, Labor & Employment Law, Personal Injury

In these two cases arising from two instances of police misconduct the Court of Appeals held that the police officers were acting within the scope of their employment, and therefore, the City of Baltimore was responsible for compensating the plaintiffs. The officers in these cases were members of the Baltimore City Police Department's now-defunct Gun Trace Task Force. Members of the task force engaged in a wide-ranging racketeering conspiracy, resulting in the officers being convicted in federal court. These two cases arose out of instances in which the officers conducted stops and made arrests without reasonable articulable suspicion or probable cause. The plaintiffs and the officers agreed to a settlement of the lawsuits. As part of the settlements, the officers assigned to the plaintiffs the right to indemnification from the City. Thereafter, the plaintiffs sought payment of the settlements by the City. In both cases, the parties entered into a stipulated settlement of undisputed material facts. The Supreme Court held (1) the stipulations in both cases established that the officers' conduct satisfied the test for conduct within the scope of employment; and (2) therefore, the City was responsible for compensating the plaintiffs for the officers' actions by paying the settlements that the plaintiffs and the officers reached.

Shannon v. State

Docket: 46/19

Opinion Date: April 24, 2020

Judge: Robert N. McDonald

Areas of Law: Criminal Law

The Court of Appeals affirmed Defendant's conviction for, among other charges, unlawful possession of a regulated firearm by a person who had previously been convicted of a predicate offense, holding the indictment provided Defendant with sufficient notice of the crime charged in that count and adequately described the specific conduct on which that charge was based. While the relevant count of the indictment accurately stated information about a prior conviction that prohibited Defendant from possessing a firearm, it inaccurately referred to that conviction as a crime of violence. The error went unnoticed in the circuit court. On appeal, Defendant argued that the additional language in the firearms count meant that he was not charged with a crime and that the trial court lacked jurisdiction to adjudicate that count. The Court of Special Appeals affirmed. The Court of Appeals affirmed, holding (1) the firearm count charged a cognizable crime and showed the jurisdiction of the trial court; and (2) to the extent the drafting error in the indictment could be a basis for objection, Defendant waived any objection by failing to raise it below.

Maryland Reclamation Associates, Inc. v. Harford County, Maryland

Docket: 52/19

Opinion Date: April 24, 2020

Judge: Booth

Areas of Law: Government & Administrative Law, Real Estate & Property Law

The Court of Appeals held that, under exhaustion of administrative remedies jurisprudence, a landowner may not withhold a claim alleging an unconstitutional taking arising from the application of a zoning regulation from the administrative agency's consideration and present the claim to a jury in a separate action invoking the court's original jurisdiction. This appeal arose out of litigation between Maryland Reclamation Associates, Inc. (MRA) and Harford County, Maryland (the County) in connection with MRA's efforts to construct and operate a rubble landfill on property located in Harford County. Earlier litigation concluded with a 2010 Supreme Court opinion upholding all the factual determinations and legal conclusions of the Harford County Board of Appeals (the Board). After losing on each substantive claim, MRA filed a separate inverse condemnation case alleging an unconstitutional taking. The jury found that MRA's inability to operate a rubble landfill was a regulatory taking and awarded MRA damages. The court of special appeals concluded that the takings claim was barred by the statute of limitations. The Court of Appeals affirmed but on other grounds, holding that MRA's takings claim should b dismissed based on MRA's failure to raise this constitutional issue in any administrative proceeding.