Maryland Courts

GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2002

 

Granted February 10, 2003

Herbert McMillan, et al v. Delegate Mary Ann Love -  No. 116, September Term 2002

ISSUE - CONSTITUTIONAL LAW - WHETHER THE ANNE ARUNDEL COUNTY DELEGATION PERFORMS GOVERNMENTAL FUNCTIONS THAT INVOKE THE 14TH AMENDMENTS PRINCIPLE OF ONE PERSON, ONE VOTE.

 

Granted February 13, 2003

Watkins, et al v. Secretary for Department of Public Safety and Correctional Services - No. 118, September Term, 2002.

ISSUE - PRISONERS - Do AMENDED DIVISION OF CORRECTIONAL DIRECTIVES PROHIBITING PRISONERS FROM REACHING LESS THEN MEDIUM SECURITY STATUS AND FROM PARTICIPATING IN WORK RELEASE AND OTHER FORMS OF LEAVE VIOLATE EX POST FACTO PROVISIONS OF THE MARYLAND AND FEDERAL CONSTITUTIONS.

BG&E Home Products & Service, Inc., et al v. Owens, et al - No. 119, September Term, 2002.

ISSUE - INSURANCE - IS A SELF-INSURER REQUIRED TO COVER NON-PERMISSIVE USERS OF ONE OF ITS VEHICLES WHEN ITS APPLICATION AND CERTIFICATE OF INSURANCE FAILED TO EXCLUDE NON-PERMISSIVE USERS OR LIMIT COVERAGE TO ONLY PERMISSIVE USERS.

Afamefune v. Suburban Hospital, Inc. - No. 120, September Term, 2002.

ISSUE - HEALTH CLAIM ARBITRATION STATUTE - MUST A HOSPITAL PATIENT ASSAULTED AND RAPED BY ANOTHER PATIENT FILE HIS NEGLIGENCE CLAIM WITH THE HEALTH CLAIM ARBITRATION OFFICE OR MAY HE FILE A TORT ACTION IN THE CIRCUIT COURT

Mateen v. Simms - No. 121, September Term, 2002.

ISSUE - CRIMINAL LAW - WAS A FIFTY YEAR SENTENCE AMBIGUOUS AND ILLEGAL

Circuit City Stores Inc. v. Rockville Pike Joint Venture Limited Partnership - No. 122, September Term, 2002.

ISSUE - LEASES - MAY A "SURVIVAL" CLAUSE IN A LEASE BE ENFORCED WHERE, FOLLOWING TERMINATION OF THE LEASE FOR DEFAULT, THE LANDLORD DEMOLISHES THE PREMISSES AND BUILDS A LARGER STRUCTURE PAID FOR BY THE SUCCESSOR TENANT.

Deering Woods Condominium Association v. Spoon -  No. 123, September Term, 2002.

ISSUE - TORTS - DID A CONDOMINIUM UNIT OWNER WHO SLIPPED AND FELL ON A CONDOMINIUM ASSOCIATION PATH WAIVE HER NEGLIGENCE CLAIM UNDER THE ASSOCIATION'S AMENDED BYLAWS.

Division of Pretrial Detention and Services v. Knight - No. 124, September Term, 2002.

ISSUE - EMPLOYMENT - WAS A CORRECTIONAL OFFICER PROPERLY  DISCHARGED FROM EMPLOYMENT BECAUSE OF DRUG TRAFFICKING IN HER RESIDENCE.

Klass v. Klass - No. 125, September Term, 2002.

ISSUE - FAMILY LAW - DID THE CIRCUIT COURT PROPERLY PERMIT THE FAMILY LAW ACTION TO CONTINUE DESPITE AN AUTOMATIC STAY ISSUED AS A RESULT OF A CHAPTER 7 BANKRUPTCY FILING.

 

Granted February 24, 2003

Moles v. Jutton - No. 126, September Term, 2002.

ISSUE - TORTS - DOES A PHYSICIANS TORTIOUS OPERATION IN EXCESS OF THE SCOPE OF THE INFORMED CONSENT SOUND IN BATTERY?

Comptroller v. Kolzig - No. 127, September Term, 2002.

ISSUE - TAXATION - DOES THE STATUTE OF LIMITATIONS ON ASSESSMENT OF INCOME TAX START TO RUN FROM THE FILING OF THE TAX RETURN THAT PRODUCES THE ASSESSMENT?

 

Granted February 26, 2003

Smith, Gerald Ballard v. State - No. 128, September Term, 2002.

ISSUE - CRIMINAL LAW - DID THE DEFENDANT PROPERLY WAIVE HIS RIGHT TO TRIAL BY JURY?