Maryland Courts

GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2003

 

Granted March 1, 2004

Melanie Senter Lubin, Securities Commissioner for the State of Maryland v. Agora, Inc. - Case No. 128, September Term 2003.

ISSUE - CONSTITUTIONAL LAW - ON A MOTION BY THE MARYLAND SECURITIES COMMISSIONER TO ENFORCE A SUBPOENA DUCES TECUM, DOES THE COMMISSIONER'S NEED FOR SUBPOENAED DOCUMENTS OUTWEIGH THE FIRST AMENDMENT INTEREST THAT THE SUBPOENAED PARTY MAY HAVE IN THE DOCUMENTS?

 

Granted March 11, 2004

State of Maryland v. Charles Raines - Case No. 129, September Term 2003.

ISSUE - CRIMINAL LAW - IS THE MARYLAND DNA COLLECTION ACT UNCONSTITUTIONAL AS VIOLATIVE OF THE FOURTH AMENDMENT OF THE UNITED STATES CONSTITUTION?

Edna O. Rourke, as personal representative for the Estate of Franklin Adams, et al. v. Amchem Products, Inc., et al. - Case No. 130, September Term 2003.

ISSUE - JUDGMENTS - DOES THE FULL FAITH AND CREDIT CLAUSE PROHIBIT MARYLAND FROM GIVING GREATER EFFECT TO A JUDGMENT THAN THE VIRGINIA COURT WOULD GIVE?

Richard Nesbit v. Government Employees Insurance Company - Case No. 131, September Term 2003.

ISSUE - INSURANCE - IS AN INSURED'S PURPORTED SIGNED WAIVER OF PIP BENEFITS OCCURRING FIVE YEARS AGO STILL VALID FOR AN INSURANCE POLICY WITH NEW TERMS AND CONDITIONS?

Oscar Louis Deville v. State of Maryland - Case No. 132, September Term 2003.

ISSUE - CRIMINAL LAW - DOES A PRIOR SENTENCE OF HOME DETENTION QUALIFY FOR PURPOSES OF IMPOSING ENHANCED PUNISHMENT ON A PERSON WHO HAS PREVIOUSLY SERVED A TERM OF CONFINEMENT IN A CORRECTIONAL INSTITUTION?

Afaf N. Khalifa v. State of Maryland - Case No. 133, September Term 2003.

ISSUE - CRIMINAL LAW - (1) DOES A STATE COURT HAVE TERRITORIAL JURISDICTION TO PROSECUTE THE CRIMES OF DETAINING AND HARBORING A CHILD OUTSIDE THE U.S.? ; (2) DID THE PENALTY IMPOSED VIOLATE THE EX POST  FACTO CLAUSE?

Patrick Darnell Smith v. State of Maryland  - Case No. 134, September Term 2003.

ISSUE - CRIMINAL LAW - WERE THREE CONVICTIONS FOR CONTEMPT WHICH AROSE OUT OF THE DEFENDANT'S SINGLE EMOTIONAL OUTBURST PROPER?

State Department of Assessments and Taxation, et al v. Consolidation Coal Sales Company - Case No. 135, September Term 2003.

ISSUE - TAXATION - WAS THE COAL COMPANY ENTITLED TO HAVE CERTAIN PERSONAL PROPERTY EXEMPT FROM TAXATION UNDER THE MANUFACTURING EXEMPTION?

Robert M. Ricketts, Jr. v. Mary C. Ricketts - Case No. 136, September Term 2003.

ISSUE - FAMILY LAW - WAS HE HUSBAND ENTITLED TO A DIVORCE ON THE GROUND THAT THE WIFE CONSTRUCTIVELY DESERTED HIM?

The Bank of New York, Trustee, et al v. Ronald Sheff, et al - Case No. 137, September Term 2003.

ISSUE - TORTS - DO ATTORNEY'S ACTING AS BOND COUNSEL IN PREPARING FINANCING STATEMENTS OWE A DUTY OF CARE TO THE BOND HOLDERS?

Governor Robert Ehrlich, et al v. Maryland State Employees Union, American Federation of State, County and Municipal Employees - Case No. 138, September Term 2003.

ISSUE - LABOR LAW - WERE COLLECTIVE BARGAINING MEMORANDA OF UNDERSTANDING INVALID BECAUSE THEY WERE NOT RATIFIED BY THE GOVERNOR?

The Arundel Corporation v. Richard M. Marie, Personal Representative of the Estate of Camille S. Marie, deceased, et al. - Case No. 1, September Term 2004.

ISSUE - CONTRACTS - DID THE APPELLANT'S RIGHT OF FIRST REFUSAL VIOLATE THE RULE AGAINST PERPETUITIES?

 

Granted March 16, 2004

Erika Elaine Sifrit v. State of Maryland - Case No. 139, September Term 2003.

ISSUE - CRIMINAL LAW - DID THE STATE BREACH AN AGREEMENT WITH THE DEFENDANT NOT TO PROSECUTE, IF THE DEFENDANT PROVIDED RELIABLE INFORMATION ABOUT THE MURDERS AND PASSED THE POLYGRAPH TEST?

Food Lion, Inc. v. Daniel McNeil - Case No. 2, September Term 2004.

ISSUE - APPEALS - DOES THE COURT OF SPECIAL APPEALS HAVE JURISDICTION TO CONSIDER AN APPEAL FROM AN EN BANC DECISION OF THE CIRCUIT COURT?

Edward P. Camus, et al v. American Energy Restaurant Equipment, Inc. - Case No. 3, September Term 2004.

ISSUE - APPEALS - DOES THE COURT OF SPECIAL APPEALS HAVE JURISDICTION TO CONSIDER AN APPEAL FROM AN EN BANC DECISION OF THE CIRCUIT COURT?

 

Granted March 18, 2004

Michael B. Suessmann, et al v. Linda H. Lamone, et al - Case No. 140, September Term 2003.

ISSUE - ELECTIONS - ARE INDEPENDANT VOTERS ENTITLED TO VOTE FOR JUDICIAL OFFICES IN THE PRIMARY ELECTIONS?

 

Granted March 26, 2004

Consumer Protection Division v. John Morgan, Michael Almony, Lee M. Shpritz, et al - Case No. 4, September Term 2004.

ISSUE - REAL PROPERTY - DID THE CONSUMER PROTECTION DIVISION PROPERLY DETERMINE THAT THE APPELLEES WERE INVOLVED IN A REAL ESTATE FLIPPING SCHEME?

Rosalind B. Johnson v. Maryland State Police & Board of Appeals, DLLR - Case No. 5, September Term 2004.

ISSUE - APPEALS - DOES THE COURT OF SPECIAL APPEALS HAVE JURISDICTION TO CONSIDER AN APPEAL FROM AN EN BANC DECISION IN THE CIRCUIT COURT?

The Board of County Commissioners for Carroll County v. John W. Pfaff Builders, Inc. , et al - Case No. 6, September Term 2004.

ISSUE - REAL PROPERTY - IS A CONCURRENCY MANAGEMENT CERTIFICATE ISSUED BY CARROLL COUNTY TO A LAND DEVELOPER A CONTRACT?

Joseph Kevin Livesay v. Baltimore County, Maryland, et al - Case No. 7, September Term 2004.

ISSUE - TORTS - ARE BALTIMORE COUNTY AND OFFICIALS AND EMPLOYEES OF THE BALTIMORE COUNTY DETENTION CENTER ENTITLED TO THE DEFENSE OF SOVEREIGN IMMUNITY IN A TORT ACTION FILED AGAINST THEM FOR ALLEGED NEGLIGENCE?