Latest 2 Cases: State v. Alexander (Criminal Law), Pettiford v. Next Generation Trust Service (Landlord - Tenant)

Whence Cometh Evil? Making Sense of Human Suffering and COVID-19

CHARLES E. BINKLEY

Surgeon and bioethicist Charles E. Binkley, MD, offers a perspective on how we might make sense of suffering, particularly in light of the present COVID-19 pandemic. Binkley suggests that through suffering, we are paradoxically able to find good, and in this instance, that good might be the practice of social reciprocity.

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State v. Alexander

Docket: 1/19

Opinion Date: March 26, 2020

Judge: Robert N. McDonald

Areas of Law: Criminal Law

In this case concerning the discretion of a court to dismiss a probation violation petition and to terminate probation the Court of Appeals held that the circuit court had discretion to terminate Defendant's probation before it would otherwise expire and remanded the case to the circuit court for any necessary proceedings in which the court may either exercise its discretion, indicate that it had already done so, or take any other appropriate action. Defendant pled guilty to theft and was sentenced to three years supervised probation. Defendant was later charged with violating the conditions of his probation. After noting that Defendant had already been incarcerated for longer than the presumptive sanction of fifteen days' imprisonment the court dismissed the probation violation petition without determining whether Defendant had committed the alleged probation violations. The court never declared that Defendant's probation had "expired" and was "over." Because the record did not indicate that the circuit court in fact exercised its discretion to terminate Defendant's probation before it would otherwise expire, the Court of Appeals remanded the case to the circuit court for any necessary proceedings in which the court may either exercise its discretion, indicate that it had already done so, or take any other appropriate action.

Pettiford v. Next Generation Trust Service

Docket: 34/19

Opinion Date: March 26, 2020

Judge: Shirley M. Watts

Areas of Law: Landlord - Tenant

In this summary ejectment proceeding, the Court of Appeals reversed the judgment of the circuit court affirming the judgment of the district court precluding Tenant from asserting and litigating defenses under the implied warranty of habitability and the rent escrow statutes, holding that Tenant was statutorily entitled to raise such defenses during the proceeding and to have them fully considered. Landlord brought his summary ejectment proceeding alleging that Tenant had failed to pay rent for five months and seeking repossession of the property. Tenant moved to dismiss the complaint on grounds that Landlord did not have use and occupancy permit, which the district court denied. Tenant also attempted to assert defenses to summary ejectment, which the district court denied. The circuit court affirmed. The Supreme Court reversed, holding (1) the district court properly denied the motion to dismiss; but (2) a claim for breach of the warranty of habitability or under the rent escrow statutes may be raised as a defense in a summary ejectment proceeding.