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Learn about recent appellate cases with Stephen Mercer

Serving Maryland and Washington D.C.

Stephen B. Mercer, Esq. is an experienced and effective appellate attorney who regularly appears before the appellate courts of Maryland.

Mr. Mercer is one of the select few private attorneys in Maryland whose practice emphasizes direct criminal appeals from Maryland trial court convictions to the state appellate courts.

That is critical from the client's perspective, who must maximize every opportunity for success on the one direct appeal afforded to him as a matter of right. Mr. Mercer's focus on appellate advocacy in criminal cases combined with his knowledge, skills and experience as a seasoned Maryland appellate advocate, means that every aspect of the proceedings in the lower court will be scrutinzed with an eye towards reversal of the conviction.

Unlike other lawyers who may occassionaly appear before the Maryland appellate courts, in every case Mr. Mercer:

personally meets with the client at the state correctional institution;
reviews the entire trial court record on file with the appeals court in Annapolis;
consults with trial counsel;
personally researches the applicable law;
drafts his own briefs;
moots oral argument; and
personally argues the case before the appellate court.

These are essential steps in appellate advocacy because:

the client can be consulted with in confidence;
extraneous materials in the record (such as juror notes not referenced in the transcripts) can be discovered;
insight can be gained about off-the-record matters that occured during trial;
the most accurate, up-to-date law binding on the appellate court is identified;
no "off-the-shelf" briefs penned by attorneys unconnected with the case are relied upon;
full advantaged is taken of the unique opportunity presented by oral argument to advance the client's cause.

Finally, Mr. Mercer limits the number of direct appeals he handles on an annual basis to ensure that he has the necessary time and focus to advance a client's cause through the appellate process.

An Overview of the Maryland Appellate Courts

The highest appellate court in Maryland is the Court of Appeals. There are seven judges on the court. The Court of Appeals is not primarily a court of error, but hears cases that at least three judges of the court have decided involve a question of public importance beyond the interests of the immediate parties to the appeal. It also hears cases certified to it by other state appellate courts and federal courts involving unanswered questions of Maryland law.

Examples of issues that Mr. Mercer has argued before the highest appellate court in Maryland include whether the Maryland Department of Social Services owes a duty of reasonable care to a child identified as a potential victim of abuse; the constitutionality of the Maryland DNA collection statute; whether a manufacturer of a human pathogen owes a duty of reasonable care to the wife of an employee; the power of a trial court to dismiss a valid criminal indictment absent a statutory or constitutional speedy trial violation; whether an inmate undergoing a mental health screening is entitled to a statutory privilege for communications related to his mental or emotional disorders; and whether a criminal defendant who seeks to introduce expert psychiatric testimony to explain or rebut evidence of intent introduced by the State must first confess to the crime charged.

The Court of Special Appeals is the intermediate appellate court in Maryland. It hears appeals of right in civil and criminal cases, meaning that it is predominantly a court of error. There are 13 active judges on the Court of Special Appeals. Individual cases are heard by panels of 3 judges who decide the appeal by a majority vote. Examples of appeals taken by Mr. Mercer to the intermediate appellate court include civil rights/employment issues; Fourth Amendment search and seizure issues in criminal cases; Fifth Amendment Miranda issues; Separation of Powers violation in improper sentencing of a criminal case; and issues in juvenile proceedings.

The Circuit Court, which is the trial court of general jurisdiction in Maryland, sits as an appellate court for de novo criminal appeals from District Court and appeals from administrative proceedings, such as workers compensation cases and contested cases from the Motor Vehicle Administration. In addition, the Circuit Court hears appeals of right from the District Court in civil cases. Mr. Mercer regularly appear before the Circuit Court sitting as an appellate court in criminal, civil and administrative matters.

Effective Appellate Adovacy

Effective appellate advocacy requires an in-depth understanding of trial practice, substantive and procedural law, and an appreciation for the particular sensitivities and concerns of Maryland judges. Mr. Mercer is an experienced and effective appellate advocate who who cares deeply about obtaining the desired result for his client. Mr. Mercer,'s appellate advocacy is bolstered by his extensive trial experience and deep appreciation for the issues that go to the heart of a fair and balanced criminal justice system. For example, in a first degree murder case in which Mr. Mercer was co-counsel at trial on a pro bono for the Maryland Office of the Public Defender, he remained actively involved in the appeal after ex-parte communications between a detective and a juror during the course of the trial were revealed. Even after the intermediate appellate court affirmed the trial court’s convictions, Mr. Mercer pressed for discretionary review by the Court of Appeals. That court ultimately did grant review and unanimously reversed the decisions of the lower courts.

This work is extremely rewarding professionally and it places Mr. Mercer at the leading edge of developing issues in criminal law and procedure that impact on the rights of every person in Maryland who cares passionately about long cherished values, such as the right to privacy or simply to be let alone, in a society where the state is increasingly becoming an all too permeating presence in every day life.

Contact Mr. Mercer for a consultation.

Learn about recent appellate cases with Stephen Mercer