The Appellate Court of Maryland will convene March 1 to hear oral arguments regarding the dismissal of charges against Tyler Mailloux.
On Friday, March 1, the Court of Appeals will hear oral arguments from both the prosecution and defense in the case involving Mailloux, a local man charged earlier this year in the hit-and-run death of 14-year-old Gavin Knupp.
Last April, 17 traffic charges – including failure to immediately stop at the scene of an accident involving bodily injury and failure to immediately stop a vehicle at the scene of an accident involving death – were filed against Mailloux, 23, of Berlin, in the death of Knupp, who was struck and killed by a motorist in a black Mercedes while crossing Greys Corner Road on July 11, 2022.
Knupp was returning to a vehicle driven by his older sister and died from injuries sustained in the collision. Mailloux allegedly fled the scene and did not return, according to charges filed.
During a motions hearing on Aug. 18, Judge Brett Wilson granted a motion to dismiss the case against Mailloux in Worcester County Circuit Court over lack of jurisdiction, although he noted that charges could be refiled in district court. Immediately following the ruling, the Worcester County State’s Attorney’s Office filed a notice to appeal.
Since that time, both the Office of the Attorney General and the Office of the Public Defender, Mailloux’s legal counsel, have filed briefs with the Appellate Court of Maryland. While the state argues that relevant statutes gave both the district and circuit courts concurrent jurisdiction over all charges filed in the case, the appellee opined that the “plain language” of the statute indicates charges in the case should have been filed in district court.
Both parties have asked that oral arguments be heard.
The court is scheduled to hear oral arguments on March 1 at 9 a.m. at the Court of Appeals building in Annapolis. The session will be livestreamed. z