Maryland Courts

GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2002

 

Granted June 12, 2003

Felland v. Digi-Tel  - Case No. 20, September Term 2003.

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

Levitt v. Fax.Com - Case No. 21, September Term 2003.

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

Realty Management v. Pope-Peyton - Case No. 22, September Term 2003.

ISSUE - CIVIL PROCEDURE - UNDER ART 49B, SEC 42(b)(i) OF THE MARYLAND CODE IS THE PROPER VENUE FOR A CIVIL ACTION FOR DISCRIMINATION THE COUNTY WHERE THE DISCRIMINATION DECISION WAS MADE OR THE COUNTY WHERE THE DISCRIMINATION WAS IMPLEMENTED?

In Re: Jason W.  - Case No. 23, September Term 2003.

ISSUE - JUVENILE LAW - WAS THE EVIDENCE SUFFICIENT TO PROVE THAT THE JUVENILE WILLFULLY DISTURBED OR PREVENTED THE ORDERLY CONDUCT OF SCHOOL ACTIVITIES?

Mason v. Lynch - Case No. 24, September Term 2003.

ISSUE - IN A MOTOR VEHICLE TORT CASE MAY THE DEFENDANT ARGUE FROM PHOTOGRAPHS SHOWING MINIMAL DAMAGE TO THE PLAINTIFF'S VEHICLE THAT THE PLAINTIFF WAS NOT INJURED?

State v. Kevin Powers Carroll - Case No. 25, September Term 2003.

ISSUE - CRIMINAL LAW - MAY A SEARCH WARRANT WITHOUT A NO-KNOCK AUTHORIZATION ALLOW FOR A NO-KNOCK ENTRY DUE TO EXIGENCIES ARISING BETWEEN ISSUANCE AND SERVICE OF THE WARRANT?

 

Granted June 19, 2003

Bienkowski v. Brooks - Case No. 34, September Term 2003.

ISSUE - APPEALS - WHAT  ARE THE PROCEDURES GOVERNING APPELLATE COURT REVIEW OF IN BANC APPEALS OF A CIRCUIT COURT.

Bradley, Raynard Dorel v. State - Case No. 30, September Term 2003.

ISSUE - CRIMINAL LAW - MUST A TRIAL JUDGE, AT THE JURY'S REQUEST, HAVE PART OF A KEY WITNESS' TESTIMONY REPLAYED?

Brown & Williamson - Case No. 38, September Term 2003.

ISSUE - CIVIL PROCEDURE - DOES AN APPELLATE COURT HAVE JURISDICTION TO CONSIDER AN APPEAL OF AN INTERLOCUTORY ORDER THAT THE TRIAL COURT HAS EXPRESSLY REFUSED TO CERTIFY AS A FINAL JUDGMENT UNDER MARYLAND RULE 2-602?

Darcars v. Borzym - Case No. 33, September Term 2003.

ISSUE - TORTS - DOES THE CLEAR AND CONVINCING BURDEN OF PROOF APPLICABLE TO PUNITIVE DAMAGES CLAIMS BEAR ON THE TRIAL COURTS LEGAL DETERMINATION OF THE SUFFICIENCY OF THE EVIDENCE TO SUPPORT THOSE CLAIMS?

Easton v. PSC - Case No. 28, September Term 2003.

ISSUE - UTILITIES - CAN A RURAL ELECTRIC COOPERATIVE PROVIDE ELECTRIC SERVICE TO A NEW HOUSING DEVELOPMENT WITHOUT CONSENT OF THE GOVERNING BODY OF THE MUNICIPALITY?

Hildreth v. Tidewater - Case No. 32, September Term 2003.

ISSUES - CORPORATIONS - DOES MARYLAND LAW PERMIT THE CORPORATE VEIL TO BE PIERCED BASED ON PARAMOUNT EQUITY?

Jenkins v. College Park - Case No. 37, September Term 2003.

ISSUE - CIVIL PROCEDURE - WHEN A MOTION TO INTERVENE IS FOUND TO BE UNTIMELY MUST EXPLICIT FINDINGS BE MADE ON THE MERITS OF THE MOTION?

Oak Crest v. Murphy - Case No. 27, September Term 2003.

ISSUE - ELDER CARE - IS THE CONTINUING CARE RETIREMENT COMMUNITY AGREEMENT VOID BECAUSE IT VIOLATES SECTION 19-345(b)(1) OF THE HEALTH GENERAL ARTICLE?

Police Patrol v. Prince George's County - Case No. 29 September Term 2003.

ISSUE - MARYLAND PUBLIC INFORMATION ACT - WERE COUNTY RECORDS REFLECTING THE NAMES AND ADDRESSES OF RESIDENTS WHO MAINTAINED ELECTRONIC SECURITY SYSTEMS SUBJECT TO DISCLOSURE UNDER THE MARYLAND PUBLIC INFORMATION ACT?

Spencer v. Board of Pharmacy - Case No. 36, September Term 2003.

ISSUE - APPEALS - MAY THE COURT OF SPECIAL APPEALS ORDER THE PHARMACY BOARD TO DELEGATE THE OFFICE OF ADMINISTRATIVE HEARINGS THE AUTHORITY TO CONDUCT  A CONTESTED CASE HEARING?

State v. Smullen - Case No. 40, September Term 2003.

ISSUE - CRIMINAL LAW - DOES THE EVIDENCE OF A BATTERED CHILD SYNDROME AND PRIOR ABUSIVE BEHAVIOR BY A PARENT /VICTIM GENERATE AN INSTRUCTION ON IMPERFECT SELF-DEFENSE WHERE THE DEFENDANT/CHILD WAS THE FIRST AND ONLY AGGRESSOR?

State v. Suddith - <Case No. 39, September Term 2003.

ISSUE - CRIMINAL LAW - WAS THE EVIDENCE SUFFICIENT TO ESTABLISH A NEXUS BETWEEN THE DEFENDANT, A PASSENGER IN A VEHICLE, AND THE DRUGS AND PARAPHERNALIA FOUND IN THE VEHICLE?

Thuerer v. Farrell - Case No. 26, September Term 2003.

Tweedy, Millard v. State -Case No. 35, September Term 2003.

ISSUE - CRIMINAL LAW - DID THE TRIAL COURT ERR IN SENTENCING PETITIONER IN ABSENTIA IN THIS CASE?

Yox v. Tru-Rol - Case No. 31, September Term 2003.

ISSUE - WORKERS' COMPENSATION LAW - WHEN DID THE WORKERS; COMPENSATION STATUTE OF LIMITATIONS IN AN OCCUPATIONAL DEAFNESS CASE BEGIN TO RUN?