Maryland Courts

GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2002

 

Granted May 6 2003

 State v. Michael Leon Briscoe - Case No. 144, Sept. Term 2002.

 

Granted May 7, 2003

Comptroller v. Clyde's - Case No. 11, September Term 2003.

ISSUE - TAXATION - MAY AN ADMISSIONS AND AMUSEMENT TAX BE IMPOSED ON A RESTAURANT'S GROSS RECEIPTS DERIVED FROM THE SALE OF REFRESHMENTS THAT ALSO PAY FOR ENTERTAINMENT?

Friendly Finance v. Orbit  - Case No. 18, September Term 2003.

ISSUE - COMMERCIAL LAW - MAY A HOLDER OF A PRIOR PERFECTED SECURITY INTEREST IN A MOTOR VEHICLE FILE A REPLEVIN ACTION TO STAY THE SALE OF THE MOTOR VEHICLE BY A REPAIRMAN ENFORCING HIS LIEN FOR REPAIR COSTS?

MAA v. Noland -  Case No. 15, September Term 2003.

ISSUE - ADMINISTRATIVE LAW - DID A STATE AGENCY PROPERLY TERMINATE THE EMPLOYMENT OF A PARAMEDIC WHO TWICE PUNCHED A PSYCHIATRIC PATIENT IN HE FACE?

MVA v. Golliday  -  Case No. 12, September Term 2003.

ISSUE - MOTOR VEHICLES - IS A LICENSEE'S INTENTIONAL FRUSTRATION OF AN ALCOHOL CONCENTRATION TEST A PRIMA FACIE REFUSAL TO TAKE THE TEST UNDER SECTION 16-205.1(f)(7)(ii) OF THE TRANSPORTATION ARTICLE?

Montgomery v. Eastern Correctional  -  Case No. 13, September Term 2003.

ISSUE - WHISTLEBLOWER STATUTE - MAY A STATE EMPLOYEE WHO FIRST FILED A GRIEVANCE UNDER THE STATE GRIEVANCE STATUTE BE PERMITTED TO THEN FILE A COMPLAINT UNDER THE STATE WHISTLEBLOWER STATUTE DUE TO RETALIATION FOR FILING THE GRIEVANCE?

Mosley, Lawrence v. State - Case No. 16, September Term 2003.

ISSUE - CRIMINAL LAW - DOES AN APPELLATE COURT HAVE THE AUTHORITY ON DIRECT APPEAL TO DECIDE WHETHER DEFENSE COUNSEL RENDERED INEFFECTIVE ASSISTANCE OF COUNSEL?

Pak v. Hoang - Case No. 14, September Term 2003.

ISSUE - ATTORNEYS -  MAY ATTORNEY'S FEES BE AWARDED FOR EFFORTS TO COLLECT A SECURITY DEPOSIT IN POST-JUDGMENT ENFORCEMENT PROCEEDINGS?

Ponte v. Investors' Alert - Case No. 17, 2003 Term.

ISSUE - CIVIL PROCEDURE - DO MARYLAND COURTS HAVE SUBJECT MATTER JURISDICTION OVER PRIVATE SUITS FOR UNSOLICITED FAXES UNDER THE TELEPHONE CONSUMER PROTECTION ACT?

 

Granted May 29, 2003

State v. Brookins, Martin and Hogg - Case No. 19, 2003 Term.

ISSUE - ELECTIONS - IS A STATE STATUTE ALLOWING A PERSON TO BE PAID FOR "WALK AROUND SERVICES" ON ELECTION DAY UNCONSTITUTIONAL?