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Justia Daily Opinion Summaries

Maryland Court of Appeals
March 2, 2021

Table of Contents

Mayor & City Council of Baltimore v. ProVen Management, Inc.

Contracts, Government & Administrative Law

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Death Penalty Opponents Should Rethink Their Support for Life Without Parole Sentences

AUSTIN SARAT

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Austin Sarat—Associate Provost and Associate Dean of the Faculty and Professor of Jurisprudence & Political Science at Amherst College—argues that life sentences without the possibility of parole (LWOP) are as problematic and damaging as the death penalty. For this reason, Professor Sarat calls upon death penalty opponents to reconsider their support for LWOP sentences.

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Maryland Court of Appeals Opinions

Mayor & City Council of Baltimore v. ProVen Management, Inc.

Docket: 8/20

Opinion Date: March 1, 2021

Judge: Booth

Areas of Law: Contracts, Government & Administrative Law

The Court of Appeals reversed the judgment of the court of special appeals concluding that it had jurisdiction to consider this appeal, holding that, under the circumstances, there was no right to appeal arising under statute or local law. ProVen Management, Inc. filed a petition for judicial review of the Baltimore City Department of Public Works Director's final decision in favor of the City as to ProVen Management, Inc.'s action seeking additional sums under the parties' contract. The circuit court affirmed, and ProVen appealed. The City filed a motion to dismiss, alleging that the court of special appeals lacked jurisdiction under Md. Cts. & Jud. Proc. art. 12-302(a). The court of special appeals denied the motion to dismiss. The Court of Appeals reversed, holding (1) ProVen's petition for judicial review was, in both form and substance, a petition for judicial review of an administrative agency decision arising under pertinent provisions of the Baltimore City Charter; and (2) because the Charter provided no right to appeal, the court of special appeals was required to dismiss the matter.

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