Maryland Courts

GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2003

 

Granted December 8, 2003

Alicia Gentry, a minor, etc., et al  v. Richard Ebersole, et al. - Case No. 84 - September Term 2003.

 

Granted December 11, 2003

Stern v. Board of Regents - Case No. 85, September Term 2003.

ISSUE - CONTRACTS - DID THE UNIVERSITY'S MID-YEAR TUITION INCREASE CONSTITUTE A BREACH OF CONTRACT BETWEEN THIS STUDENT AND THE UNIVERSITY?

Perry, Kenneth D. v. State - Case No. 86, September Term 2003.

ISSUE - EVIDENCE - MUST A TRIAL JUDGE CONDUCT A SEPARATE COMPETENCY DETERMINATION WHEN THE COMPETENCY OF A CHILD WITNESS TO TESTIFY IS CHALLENGED AT THE TRIAL?

Social Services v. Vann - Case No. 87, September Term 2003.

ISSUE - CRIMINAL LAW - DOES MARYLAND CREATE AN EXEMPTION FROM A CHILD ABUSE FINDING FOR PARENTS WHOSE CHILDREN ARE INJURED DURING THE COURSE OF CORPORAL PUNISHMENT?

Fenner, Donald A. v. State - Case No. 88, September Term 2003.

ISSUE - CRIMINAL LAW - ARE INCRIMINATING STATEMENTS MADE BY THE DEFENDANT AT A BAIL REVIEW HEARING ADMISSIBLE AT TRIAL?

Southern Management v. Willes Construction - Case No. 89, September Term 2003.

ISSUE - MECHANIC'S LIEN - IN A CONDOMINIUM SETTING SHOULD NOTICE OF A MECHANIC'S LIEN BE GIVEN TO THE CONDOMINIUM PROPERTY MANAGER OR TO THE CONDOMINIUM UNIT OWNERS INVOLVED?

Worton Creek v. Claggett - Case No. 90, September Term 2003.

ISSUE - STATUTES - ARE LOCAL BOAT MOORING ORDINANCES PREEMPTED BY STATE HUNTING LAWS?

Bernadyn, Michael Joseph v. State - Case No. 91, September Term 2003.

ISSUE - CRIMINAL LAW - WAS A MEDICAL BILL FOUND AT THE CRIME SCENE AND ADDRESED TO THE DEFENDANT PROPERLY ADMITTED AS AN EXCEPTION TO THE HEARSAY RULE?

In Re: Thomas H. -  Case No. 92, September Term 2003.

ISSUE - FAMILY LAW - WAS THE APPELLANT PROPERLY REMOVED AS A PARTY IN THE CINA PROCEEDING?

Knight, Ricky v. State - Case No. 93, September Term 2003 - (Cross-Petition denied).

ISSUE - CRIMINAL LAW - WERE THE DEFENDANT'S STATEMENTS INVOLUNTARY BECAUSE THE POLICE MADE IMPROPER INDUCEMENTS TO HIM?

Sirbaugh, Steven Daniel v. State - Case No. 94, September Term 2003.

ISSUE - CRIMINAL LAW - WERE THE DEFENDANT'S STATEMENTS INVOLUNTARY BECASUSE THE POLICE MADE IMPROPER INDUCEMENTS TO HIM?

 

Granted December 18, 2003

Dorsey v. Dorsey - Case No. 95, September Term 2003.

ISSUE - FAMILY LAW - WAS A BIOLOGICAL FATHER'S PETITION TO CHANGE HIS CHILD'S SURNAME PROPERLY GRANTED?

Simard v. White - Case No. 96, September Term 2003.

ISSUE - REAL PROPERTY - IN A FORECLOSURE SALE MAY A DEFAULTING PURCHASER RECOVER THE SURPLUS PROCEEDS FROM THE RESALE EVEN THOUGH THE ADVERTISEMENT FOR THE RESALE CONTAINED A CONTRARY PROVISION?

State v. Tony Williams - Case No. 97, September Term 2003.

ISSUE - CRIMINAL LAW - DID THE STATE IMPROPERLY WITHHOLD EVIDENCE FAVORABLE TO THE DEFENDANT IN VIOLATION OF BRADY V. MARYLAND 373 U.S. 83 (1963)?

Maryland Military v. Cherry - Case No. 98, September Term 2003.

ISSUE - ADMINISTRATIVE LAW - MAY GOVERNMENT EMPLOYEES FILE A DIRECT JUDICIAL ACTION AGAINST THE STATE FOR OVERTIME COMPENSATION?

State v. Charles Lee Pitt - Case No. 99, September Term 2003.

ISSUE - CRIMINAL LAW - MAY THE DEFENDANT'S STATEMENTS MADE UNDER A PLEA AGREEMENT WHICH IS THEREAFTER RESCINDED BY THE STATE BE ADMITTED AGAINST HIM AT TRIAL?

Paek v. License Commissioners - Case No. 100, September Term 2003.

ISSUE - COUNTIES - MAY THE COUNTY BOARD PROPERLY PROHIBIT ADULT ENTERTAINMENT AT THE PETITIONER'S RESTAURANT?

PEPCO v. Classic Community - Case No. 101, September Term 2003.

ISSUE - REAL PROPERTY - IF AN EASEMENT EXISTS FOR UTITLITY POLES AND RELATED EQUIPMENT, WHO BEARS THE COSTS OF RELOCATING THE POLES AND EQUIPMENT, THE PROPERTY OWNER OR THE UTILITY?