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Unreported Opinions

In April, Maryland Court of Appeals Chief Judge Mary Ellen Barbera announced that previously unreported opinions would be available on the Maryland Court’s website in order to increase free, online access to opinions. Reported Opinions of the Maryland Court of Appeals and the Maryland Court of Special Appeals, from 1995 to the present, are available on the Maryland Court’s website here.

However, do not forget Maryland Rule 1-104!

RULE 1-104. UNREPORTED OPINIONS

(a) Not Authority. An unreported opinion of the Court of Appeals or Court of Special Appeals is neither precedent within the rule of stare decisis nor persuasive authority.

(b) Citation. An unreported opinion of either Court may be cited in either Court for any purpose other than as precedent within the rule of stare decisis or as persuasive authority. In any other court, an unreported opinion of either Court may be cited only (1) when relevant under the doctrine of the law of the case, res judicata, or collateral estoppel, (2) in a criminal action or related proceeding involving the same defendant, or (3) in a disciplinary action involving the same respondent. A party who cites an unreported opinion shall attach a copy of it to the pleading, brief, or paper in which it is cited.

Also, it may be hard to believe, but reading opinions can be fun. Check out this The Daily Record article, which provides examples of some humorous opinions from the Maryland Court of Appeals.

To learn more about opinions, check out our blog post here!

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