State v. Berry

Unreported (2014) · Court of Appeals of Maryland

Court of Appeals of MarylandDisposition: Vacated✓ Good law

SummaryThis is a per curiam order of the Court of Appeals of Maryland, not a full opinion. The Court granted the petition for writ of certiorari in the case of State v. Joe Frank Berry, Jr., and without briefing or argument on the merits, issued a brief order. The order states that the Court has considered and granted the petition for certiorari, and it vacates the judgment of the Court of Special Appeals and remands the case to that Court for further consideration in light of four recently decided cases: Nalls v. State, Melvin v. State, Szwed v. State, and Morgan v. State, all filed on April 23, 2014. The order does not contain any facts, legal questions, reasoning, or holdings. It is a dispositional order only, directing the intermediate appellate court to reconsider its prior decision in light of new precedent. Costs in the Court of Appeals are to be paid by the Respondent, and costs in the

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Circuit Court for Baltimore County IN THE COURT OF APPEALS OF MARYLAND Case No. 03-K-11-000893 No. 10 September Term, 2014 STATE OF MARYLAND v. JOE FRANK BERRY, JR. Barbera, C.J. Harrell Battaglia Greene Adkins McDonald Watts, JJ. PER CURIAM ORDER Filed: May 15, 2014 STATE OF MARYLAND * IN THE * COURT OF APPEALS v. * OF MARYLAND * No. 10 JOE FRANK BERRY, JR. * September Term, 2014 PER CURIAM ORDER The Court having considered and granted the petition for writ of certiorari in the above entitled case, it is this 15th day of May, 2014 ORDERED, by the Court of Appeals of Maryland, that the judgment of the Court of Special Appeals be, and it is hereby, vacated and the case is remanded to that Court for further consideration in light of Nalls v. State, ____ Md. ____, ____ A.3d ____ (No. 54, September Term, 2013 filed April 23, 2014); Melvin v. State, ____ Md. ____, ____ A.3d ____ (No. 95, September Term, 2013 filed April 23, 2014); Szwed v. State, ____ Md. ____, ____ A.3d ____ (No. 61, September Term, 2013 filed April 23, 2014); and Morgan v. State, ____ Md. ____, ____ A.3d ____ (No. 71, September Term, 2013 filed April 23, 2014). Costs in this Court to be paid by the Respondent, and costs in the Court of Special Appeals to abide the result. /s/ Mary Ellen Barbera Chief Judge