Maryland Courts

GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2003

 

Granted June 7, 2004

Steven Howard Oken v. State of Maryland - Case No. 143, September Term 2003.

 

Granted June 11, 2004

Clifton Collins v. State of Maryland - Case No. 24, September Term 2004.

ISSUE - CRIMINAL LAW - WAS IT PROPER TO ENHANCE THE DEFENDANT'S SENTENCE UNDER ART. 27, SEC. 293, BY USING POSSESSION OF A FIREARM AS THE SECOND OR SUBSEQUENT OFFENSE?

Michael Roary v. State of Maryland - Case No. 25, September Term 2004.

ISSUE - CRIMINAL LAW - IS FIRST DEGREE ASSAULT A VIABLE UNDERLYING FELONY FOR A COMMON LAW SECOND DEGREE MURDER?

Jimmy L. Davis v. Patricia Ann Slater - Case No. 26, September Term 2004.

ISSUE - CIVIL PROCEDURE - MAY A PLAINTIFF'S LAWSUIT FOR $10,000 BE TRIED BY A JURY?

State of Maryland v. Terrell Brady - Case No. 27, September Term 2004.

ISSUE - CRIMINAL LAW - DOES A JURY INSTRUCTION ABOUT THE DOCTRINE OF TRANSFERRED  INTENT APPLY WHERE THE UNINTENDED VICTIM WAS NOT KILLED?

Frederick James Moore v. State of Maryland - Case No. 28, September Term 2004.

ISSUE - CRIMINAL LAW - EVEN THOUGH DEFENDANT WITH LIMITED FUNDS HAS RETAINED PRIVATE COUNSEL, MAY HE RETAIN A DNA EXPERT WITH PUBLIC FUNDS?

Steven Terry Cotton v. State of Maryland - Case No. 29, September Term 2004.

ISSUE - CRIMINAL LAW - DID THE POLICE HAVE PROBABLE CAUSE OR ARTICULABLE SUSPICION TO ARREST, PATDOWN, HANDCUFF AND INTERROGATE THE DEFENDANT?

In Re:  Samone H. & Marchay E.  - Case No. 30, September Term 2004.

ISSUE - FAMILY LAW - IN A CINA CASE INVOLVING A PERMANANCY PLAN FOR ADOPTION WAS AN INDEPENDENT EVACUATION OF THE MOTHER-CHILD RELATIONSHIP AND TESTIMONY OF THE CHILDREN ERRONEOUSLY DENIED?

Elsa Newman v. State of Maryland - Case No. 31, September Term 2004.

ISSUE - CRIMINAL LAW - IN AN ATTEMPTED PROSECUTION DID THE DEFENDANT'S DOMESTIC RELATIONS ATTORNEY PROPERLY TESTIFY FOR THE STATE ABOUT ATTORNEY-CLIENT COMMUNICATIONS?

Christopher T. Lizzi v. Washington Metropolitan Area Transit Authority, et al. - Case. No. 32, September Term 2004.

ISSUE - FAMILY LEAVE ACT - DOES THE INTERSTATE COMPACT CREATING THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY CONFER ON THE AUTHORITY SOVEREIGN IMMUNITY FROM FAMILY AND MEDICAL LEAVE ON THE ACT CLAIMS?

Arthur J. Hoffman, et al. v. Toyome Stamper, et al. - Case No. 33, September Term 2004.

ISSUE - CONSUMER PROTECTION ACT - WAS THERE SUFFICIENT EVIDENCE TO PROVE APPELLANT WAS PARTY TO CONSPIRACY, FRAUD AND VIOLATION OF THE MARYLAND CONSUMER PROTECTION ACT FOR BEING INVOLVED IN A SCHEME TO SELL DILAPIDATED RESIDENTIAL PROPERTIES AT GROSSLY INFLATED PRICES?

Rockwood Casualty Ins. Co. v. Genora Hodge, et al. - Case No. 34, September Term 2004.

ISSUE - INSURANCE - DOES AN INSURER'S NOTICE OF CANCELLATION OF AN INSURANCE POLICY HAVE TO BE SENT TO THE INSURED BY CERTIFIED MAIL OR BY REGISTERED MAIL?

State of Maryland v. Terrance T. Banks - Case No. 35, September Term 2004.

ISSUE - CRIMINAL LAW - DID THE POLICE HAVE PROBABLE CAUSE TO ARREST THE DEFENDANT BASED ON AN OUTSTANDING DELAWARE ARREST WARRANT AND THE BELIEF OF THE POLICE THAT DEFENDANT WAS TRESPASSING?

City of Bowie, Maryland v. Prince George's County, Maryland Planning Board of the Maryland-National Capital Park and Planning Commission, et al. - Case No. 36, September Term 2004.

ISSUE - COUNTIES - DID THE PLANNING BOARD ERR IN APPROVING A FINAL PLAT WHEN THE UNDERLYING PRELIMINARY PLAN REMAINED PENDING ON REVIEW TO THE CIRCUIT COURT?

Food Lion v. Harry Newberry - Pet. Docket No. 37, September Term 2004.

ISSUE - TORTS - IN A DEFAMATION ACTION ARE STATEMENTS MADE BY A RETAIL SALES EMPLOYEE ABOUT WHETHER A CUSTOMER PAID FOR CERTAIN GOODS PRIVILEGED?

State of Maryland v. Robert Paul Burris - Case No. 38, September Term 2004.

ISSUE - CRIMINAL LAW - WAS THE CLAIM THAT THE PROSECUTOR'S CLOSING ARGUMENT WAS IMPROPERLY PRESERVED FOR REVIEW, AND, IF SO, WAS IT REVERSIBLE ERROR TO ALLOW THE ARGUMENT?

Mackenzie Contracting Corporation v. Lincoln Technical Institute, Inc. - Case No. 39, September Term 2004.

ISSUE - ARBITRATION - MAY A COURT MODIFY AN ARBITRATION AWARD BY MERELY PERFORMING A MINISTERIAL TASK WHICH THE ARBITRATOR FAILED TO DO?

Board of County Commissioners of Carroll County v. Forty West Builders, Inc. et al. - Case No. 40, September Term 2004.

ISSUE - REAL PROPERTY - DOES CARROLL COUNTY'S ISSUANCE OF A CONCURRENCY MANAGEMENT CERTIFICATE ALLOW THE COUNTY TO CONTINUE PROCESSING THE PETITIONER'S RESIDENTIAL DEVELOPMENT PLANS AND TO APPLY NEW ADEQUATE PUBLIC FACILITIES REGULATION TO THE PENDING DEVELOPMENT PROJECTS?

Jesse Anderson v. State of Maryland - Case No. 41, September Term 2004.

ISSUE - CRIMINAL LAW - DOES A CONVICTION FOR A LESS INCLUDED OFFENSE IN THE DISTRICT COURT BAR UNDER DOUBLE JEOPARDY PRINCIPLES A PROSECUTION FOR A GREATER INCLUDED OFFENSE IN THE CIRCUIT COURT?

 

Granted June 18, 2004

State of Maryland v. Michael Conway Snowden - Case No. 42, September Term 2004.

ISSUE - CRIMINAL LAW - DID THE ADMISSION OF CHILD HEARSAY EVIDENCE VIOLATE THE DEFENDANT'S RIGHT TO CONFRONTATION UNDER CRAWFORD V. WASHINGTON 124 S.Ct. 1354 (2004)?

Oscar Antonio Lopez-Sanchez v. State of Maryland and DeShawn C. - Case No. 43, September Term 2004 (petition and cross-petition both granted)

ISSUE - JUVENILE LAW - DOES A CRIME VICTIM HAVE STANDING TO MAKE A CLAIM FOR RESTITUTION IN A JUVENILE DELINQUENCY PROCEEDING?

Mark Edward Weitzel v. State of Maryland - Case No. 44, September Term 2004.

ISSUE - CRIMINAL LAW - WAS EVIDENCE OF THE DEFENDANT'S PRE-ARREST SILENCE TOO AMBIGUOUS UNDER THE CIRCUMSTANCES TO BE ADMITTED?

County Commissioners of Carroll County, Maryland v. Kohler Development Corporation - Case No. 45, September Term 2004.

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

Comptroller of the Treasury v. Blaine T. Phillips, Personal Representative of the Estate of Donald P. Ross, Jr. - Case No. 46, September Term 2004.

ISSUE - ESTATE TAXATION - MAY A MARYLAND ESTATE TAX BE IMPOSED UPON A NON-RESIDENT DECEDENT WHEN THE MARYLAND ASSETS PORTION OF THE ESTATE DID NOT GENERATE ANY FEDERAL STATE TAX?