Maryland Courts

GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2002

 

Granted April 8, 2003

Southern Management Corporation v. Mukhtar Taha - Case No. 136, September Term 2002.

ISSUE - TORTS - MAY A CORPORATION BE LIABLE FOR MALICIOUS PROSECUTION WHEN THE CORPORATE AGENTS HAVE BEEN FOUND NOT LIABLE FOR MALICIOUS PROSECUTION?

Park Station Limited Partnership, LLLP  v. Jaems E. Bosse, et ux - Case No. 137, September Term 2002.

ISSUE - REAL PROPERTY - WAS A TRANSFER OF REAL PROPERTY AS A GIFT TO A CHARITABLE FOUNDATION A SALE WITHIN THE PURVIEW OF AN AGREEMENT BETWEEN THE ADJOINING LANDOWNERS?

University System of Maryland et al  v. The Baltimore Sun Company et al - Case No. 138, September Term 2002.

ISSUE - MARYLAND PUBLIC INFORMATION ACT (MPIA) - WHETHER EMPLOYMENT RECORDS AND FINANCIAL INFORMATION CONCERNING STATE UNIVERSITY ATHLETICS EMPLOYEES ARE SUBJECT TO INSPECTION UNDER THE MPIA?

James P. Nes, et al  v. Anne Arundel County, Maryland  - Case No. 139, September Term, 2002.

ISSUE - CONTRACTS - WHETHER A SECRECY CLAUSE CONTAINED IN AN ADEQUATE PUBLIC FACILITIES AGREEMENT WAS VOID AS AGAINST PUBLIC POLICY?

Roger Brown v. State of Maryland - Case No. 140, September Term 2002.

ISSUE - CRIMINAL LAW - WHETHER A NOTEL ROOM OCCUPANTS CONSENT TO ALLOW THE POLICE TO SEARCH THE ROOM WAS VOLUNTARY UNDER THE TOTALITY OF THE CIRCUMSTANCES?

Ronnie E.Cheek v. United Healthcare of the Mid-Atlantic, Inc., et al - Case No. 141, September Term, 2002.

ISSUE - ARBITRATION - IS A MANDATORY ARBITRATION PROVISION WHICH MAY BE MODIFIED BY THE EMPLOYER AFTER THE EMPLPOYMENT CONTRACT IS FORMED VOID AS AGAINST PUBLIC POLICY?

Dean James Pantazes v. State of Maryland - Case No. 142, September Term 2002.

ISSUE - CRIMINAL LAW - MAY THE DEFENDANT CROSS-EXAMINE AND INTRODUCE EXTRINSIC EVIDENCE AS TO PRIOR BAD ACTS OF A STATE'S WITNESS?

PG&E Energy Trading-Power L.P. v Caledonia Generating, LLC and Southhaven Power - Case No. 143, September Term, 2002.

ISSUE - ARBITRATION - MAY A PARTY BE COMPELLED TO CONTINUE PERFORMANCE OF A PROPERLY TERMINATED CONTRACT PENDING ARBITRATION OF THE DEFAULTING PARTIES' BREACHED OF THE CONTRACT?

 

Granted April 9, 2003

Bern-Shaw Limited Partnership v. Mayor and City Council of Baltimore - Case No. 1, September Term 2003.

ISSUE - EMMINENT DOMAIN - IN A PROPERTY CONDEMNATION PROCEEDING IS EVIDENCE OF A REMOTE SALE OF THE CONDEMNED PROPERTY UNADJUSTED TO REFLECT CURRENT VALUE ADMISSABLE TO PROVE THE PROPERTY'S FAIR MARKET VALUE?

Howard M. Miller, Jr. et ux v. Roger M. Kirkpatrick, et al - Case No. 2, September Term 2003.

ISSUE - REAL PROPERTY - MAY A COURT WHICH HAS DECLARED A RIGHT OF WAY TO THE DOMINANT TENEMENT PERMIT THE SERVIENT LANDOWNER TO MAINTAIN PARALLEL BARBED WIRE FENCES WITHIN THE RIGHT OF WAY?

State of Maryland v. Scott Timothy Murphy - Case No. 3, September Term 2003.

ISSUE - CRIMINAL LAW - MAY THE STATE APPEAL A MODIFICATION OF SENTENCE REQUESTED MORE THAN 90 DAYS AFTER A SENTENCE WAS IMPOSED AND THE ABSENCE OF FRAUD, MISTAKE OR IRREGULARITY?

Christopher A. Denicolis . v. State of Maryland  - Case No. 4, September Term 2003.

ISSUE - CRIMINAL LAW - DID THE CRIMINAL INFORMATION ADEQUATELY INFORM THE DEFENDANT OF THE CHARGE AGAINST HIM?

Rico Duvall Cole v. State of Maryland - Case No. 5, Septe,ber Term 2003.

ISSUE - CRIMINAL LAW - WHETHER A PRETRIAL DISCOVERY REQUEST TO OBTAIN THE IDENTITY OF THE LAB THAT PERFORMED THE DRUG ANALYSIS WAS PROPER?

Deborah Frase v. Cynthia Barnhart, et al - Case No. 6, September Term 2003.

ISSUE - CRIMINAL LAW - DO INDIGENT CIVIL LITIGANTS IN CONTESTED CUSTODY MATTERS HAVE THE RIGHT TO APPOINTED COUNSEL UNDER THE MARYLAND DECLARATION OF RIGHTS?

Rhonda Carter v. Maryland Management Co. - Case No. 7, September Term 2003.

ISSUE - LEASES - IN EVICTION CASES INVOLVING TENANTS IN FEDERALLY SUBSIDIZED HOUSING, SHOULD THE TENANT HOLDING OVER STATUTE OR THE BREACH OF LEASE STATUTE BE INVOKED TO SECURE THEIR EVICTION?

Keith A. Lee v. Gary E. Cline, et al - Case No. 8, September Term 2003.

ISSUE - TORTS - DOES A POLICE OFFICER HAVE A QUALIFIED GOVERNMENTAL IMMUNITY AGAINST STATE CONSTITUTIONAL VIOLATIONS AND STATE COMMON LAW INTENTIONAL TORTS?

Harry Price v. State of Maryland - Case No. 9, September Term 2003.

ISSUE - CRIMINAL LAW - WAS IT PROPER TO IMPOSE A MANDATORY NO-PAROLE SENTENCE ON THE DEFENDANT AS A PERSON PREVIOUSLY CONVICTED OF A CRIME OF VIOLENCE UNDER ARTILE 27, SEC. 441(e)?

Owens-Illinois, Inc.  v. Harry Cook, Sr.  - Case No. 10, September Term 2003.

ISSUE - TORTS - IN A LATENT DISEASE CASE WHEN DOES A LOSS OF CONSORTIUM CLAIM ARISE FOR PURPOSES OF THE COURTS ARTICLE SEC 11-108 NON-ECONOMIC DAMAGES CAP?