Fooks v. State

Circuit Court for Wicomico County Case No. C-22-CR-21-000030 Argued: March 2, 2023 IN THE SUPREME COURT OF MARYLAND* No. 24 September Term, 2022 __________________________________ ROBERT L. FOOKS v. STATE OF MARYLAND __________________________________ Fader, C.J., Watts, Hotten, Booth, Biran, Gould, Eaves, JJ. __________________________________ Per Curiam Order Gould, J., dissents. __________________________________ Pursuant to the Maryland Uniform Electronic Legal Materials Filed: August 15, 2023 Act (§§ 10-1601 et seq. of the State Government Article) this document is authentic. 2023-08-15 09:46-04:00 Gregory Hilton, Clerk *During the November 8, 2022 general election, the voters of Maryland ratified a constitutional amendment changing the name of the Court of Appeals to the Supreme Court of Maryland. The name change took effect on December 14, 2022. * IN THE * ROBERT L. FOOKS SUPREME COURT * v. OF MARYLAND * STATE OF MARYLAND No. 24 * September Term, 2022 * ORDER Upon consideration of the State’s unopposed motion to stay this case pending a decision by the United States Supreme Court in United States v. Rahimi, Docket No. 22-915, October Term, 2023, it is this 15th day of August 2023, by the Supreme Court of Maryland, a majority of the Court concurring, ORDERED that the motion is granted; and it is further ORDERED that, pending a decision by the United States Supreme Court in United States v. Rahimi, Docket No. 22-915, October Term, 2023, this case is stayed. Upon a final disposition by the United States Supreme Court in Rahimi, the parties shall promptly notify the Clerk and propose a schedule for supplemental briefing. /s/ Matthew J. Fader Chief Justice Circuit Court for Wicomico County Case No. C-22-CR-21-000030 Argued: March 2, 2023 IN THE SUPREME COURT OF MARYLAND* No. 24 September Term, 2022 ROBERT L. FOOKS v. STATE OF MARYLAND Fader, C.J., Watts, Hotten, Booth, Biran, Gould, Eaves, JJ. Dissenting Opinion by Gould, J. Filed: August 15, 2023 *During the November 8, 2022 general election, the voters of Maryland ratified a constitutional amendment changing the name of the Court of Appeals to the Supreme Court of Maryland.

The name change took effect on December 14, 2022. Respectfully, I dissent from the Court’s Order staying this case pending the Supreme Court of the United States’ disposition of United States v. Rahimi, No. 22-915, 2023 WL 4278450 (U.S. Jun. 30, 2023). The State filed an Unopposed Motion to Stay this case pending the outcome of Rahimi, arguing that: [T]he U.S. Supreme Court undoubtedly will clarify the scope of the Second