In re Kaleb K.

Summary

The Maryland Court of Appeals held that Kaleb K. failed to preserve his argument that a delinquency petition should be dismissed under Courts and Judicial Proceedings Article § 3-8A-13(b), because he relied before the juvenile court solely on a different statute, § 3-8A-10(c)(4), and its actual-prejudice standard. The court affirmed the Court of Special Appeals without reaching whether the petition was untimely under § 3-8A-13(b).

Holdings

1. An appellant does not preserve an argument based on a statute that was neither cited nor argued in the trial court, even when the appellant preserved the general right to appeal the denial of a motion to dismiss.

Questions Presented

1. Whether Kaleb preserved for appellate review an argument that the delinquency petition was untimely under Maryland Code section 3-8A-13(b) when he moved below under section 3-8A-10(c)(4) and did not cite or argue section 3-8A-13(b).
2. Whether the juvenile court erred in denying the motion to dismiss the delinquency petition as untimely.

Disposition

affirmed