Petitions for Writ of Certiorari -- January 2004

GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2003

 

Granted January 9, 2004

State v. Ibnomer Sharafeldin - Case No. 102, September Term 2003.

ISSUE - CONTRACTS - WAS THE CONTRACT ACTION FILED AGAINST THE STATE BARRED BY THE DOCTRINE OF SOVEREIGN IMMUNITY AND THE STATUTE OF LIMITATIONS?

Christopher v. Dept. of Health  - Case No. 103, September Term 2003.

ISSUE - HEALTH - WAS AN EMPLOYEE WHO WAS DISCHARGED BECAUSE OF A DISABILITY ENTITLED TO AN UNCAPPED SHELTER DEDUCTION FOR FEDERAL DISABILITY BENEFITS ACCRUING DURING THE PENDENCY OF THE EMPLOYEE'S APPEAL OF THE DISABILITY DETERMINATION?

Conteh v. Conteh - Case No. 104, September Term 2003.

ISSUE - FAMILY LAW - IS A DISABILITY RETIREMENT BENEFIT AWARDED DURING THE MARRIAGE FOR A DISABILITY OCCURRING DURING THE MARRIAGE MARITAL PROPERTY?

Maryland Reclamation v. Harford County -    Case No. 105, September Term 2003.

ISSUE - LAND USE - DID AN APPLICANT SEEKING PERMISSIONS TO OPERATE A RUBBLE LANDFILL OBTAIN VESTED RIGHTS IN THE LANDFILL DUE TO THE COUNTY'S INCLUSION OF THE LANDFILL IN ITS SOLOD WASTE MANAGEMENT PLAN?

Bobby Eugene Taylor v. State - Case No. 106, September Term 2003.

ISSUE - CRIMINAL LAW - WAS THE DEFENDANT'S RETRIAL A CIOLATION OF THE DOUBLE JEOPARDY CLASUE BECAUSE THE TRIAL JUDGE DECLARED A MISTRIAL DURING THE FIRST TRIAL WITHOUT SHOWING MANIFEST NECESSITY?

State v. Wilbert Pelzie Price - Case No. 107, September Term 2003.

ISSUE - CRIMINAL LAW - WAS THE 180 DAY REQUIREMENT FOR THE TRIAL OF A CASE INDER MD. RULE 4-271 VIOLATED WHEN CHARGES WERE REINSTITUTED AFTER ENTRY OF A NOLLE PROSEQUI?

 

Granted January 22, 2004

Queen Anne's Conservation, Inc. v. County Commissioner's of Queen Anne's County - Case No. 108, September Term 2003.

ISSUE - ADMINISTRATIVE LAW - MUST THE LEGALITY OF A DEVELOPMENT RIGHTS AND RESPONSIBILITIES AGREEMENT FIRST BE DECIDED BY A COUNTY BOARD OF APPEALS?

 

Granted January 30, 2004

Linda J. Crane v. Annie V. Dunn - Case No. 109, September Term 2003.

ISSUE - EVIDENCE - IS EVIDENCE OF A GUILTY PLEA TO NEGLIGENT DRIVING ENTERED IN THE DISTRICT COURT ADMISSIBLE IN A SUBSEQUENT CIVIL PROCEEDING ARISING OUT OF THE SAME ACCIDENT?

Richard J. Walk v. Hartford Casualty Insurance Company - Case No. 110, September Term 2003.

ISSUE - INSURANCE - WHAT IS THE SCOPE OF AN INSURER'S DUTY TO DEFEND A CLAIM AGAINST AN INSURED UNDER THE TERMS OF THE INSURANCE POLICY?

William LeJeune v. Coin Acceptors, Inc. - Case No. 111, September Term 2003.

ISSUE - TRADE SECRETS - DID A FORMER EMPLOYEE MISAPPROPRIATE THE TRADE SECRETS OF HIS FORMER EMPLOYER IN VIOLATION OF THE MARYLAND TRADE SECRETS ACT?

F.A.C.E. Trading, Incorporated d/b/a Face Card Promotions, et al v. Joel J. Todd, State's Attorney -
Case No. 112, September Term 2003.

ISSUE - LOTTERIES - DOE THE "AD-TAB" COUPON CARD CONSTITUTE AN ILLEGAL LOTTERY UNDER MARYLAND LAW?

Judith Edwards Patton, Individually, and as the surviving spouse of Donald Lee Patton, and as personal representative and executor for the estate of Donald Lee Patton, et al v. United States of America Rugby Football, Union, LTD. d/b/a USA Rugby, et al. - Case No. 113, September Term 2003.

ISSUE - TORTS - DO THE ORGANIZERS AND MANAGERS OF A SPORTING EVENT HAVE A DUTY TO PROTECT PLAYERS AND SPECTATORS FROM INJURIES CAUSED BY LIGHTNING?