Maryland Courts

GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2004

 

Granted December 8, 2004

Richard Wilburn Cain v. State of Maryland - Case No. 97, September Term 2004

ISSUE - CRIMINAL LAW - WAS THE DEFENDANT'S GUILTY PLEA TO SECOND DEGREE ASSAULT SUFFICIENT TO JUSTIFY THE TRIAL COURT'S ORDER THAT THE DEFENDANT REGISTER AS ON "OFFENDER"?

Empire Properties, LLC v. Donald G. Hardy, et al - Case No. 98, September Term 2004

ISSUE - REAL PROPERTY - IS A PURCHASER OF A PROPERTY AT A FORECLOSURE SALE ENTITLED TO POSSESSION OF THE PREMISES AFTER A FINAL ORDER RATIFYING THE SALE BUT PRIOR TO PAYMENT OF THE PURCHASE PRICE BALANCE AND EXECUTION OF A TRUSTEE'S DEED?

Anthony Eugene Young v. State of Maryland - Case No. 99, September Term 2004

CRIMINAL LAW - WAS "EXPERT TESTIMONY" ADMISSIBLE TO SHOW THAT THERE WAS A DNA "MATCH" IN THE ABSENCE OF ANY FOUNDATION FOR SUCH ASSERTION?

 

Granted December 17, 2004

In Re:  Billy W., Jessica W., Geroge B., and Mary S. - Case No. 100, September Term 2004

ISSUE - FAMILY LAW - WAS HEARSAY EVIDENCE PROPERLY ADMITTED AT THE PERMANENCY PLANNING REVIEW HEARING IN THESE CINA CASES?

Robert P. Duckworth et al v. Gitanjali Deane et al - Case No. 101, September Term 2004

ISSUE - CIVIL PROCEDURE - WERE STATE LEGISLATORS AND THE CLERK OF THE CIRCUIT COURT ENTITLES TO INTERVENE IN THIS CASE?

James Paul Goff v. State of Maryland - Case No. 102, September Term 2004

ISSUE - CRIMINAL LAW - DID THE TRIAL COURT ERR IN ORDERING RESTITUTION?

Gregoria Isasi Gonzalez v. State of Maryland - Case No. 103, September Term 2004

ISSUE - CRIMINAL LAW - MAY THE DEFENDANT IN A CIRCUIT COURT TRIAL DE NOVO ON APPEAL FROM THE DISTRICT COURT WITHDRAW HIS APPEAL AT ANY TIME BEFORE ENTRY OF THE FINAL JUDGMENT?

State of Maryland v. Jeffrey E. Allen - Case No. 104, September Term 2004

ISSUE - CRIMINAL LAW - MAY A DEFENDANT BE FOUND GUILTY OF FELONY MURDER EVEN IF HE DID NOT FORM THE INTENT TO STEAL UNTIL AFTER TEH APPLICATION OF FORCE THAT RESULTED IN THE VICTIM'S DEATH?

Ralph T. Salvagno et al v. William M. Frew - Case No. 105, September Term 2004

ISSUE - TORTS - IN A MEDICAL MALPRACTICE ACTION MAY THE PLAINTIFF RELY SOLELY ON THE TESTIMONY OF THE DEFENDANT PHYSICIAN TO ESTABLISH A PRIMA FACIE CASE OF LACK OF INFORMED CONSENT?

Washington Metropolitan Area Transit Authority v. Josephine Seymour and Maryland Automobile Insurance Fund - Case No. 106, September Term 2004

ISSUE - TORTS - MAY A COMMON CARRIER AVAIL ITSELF OF THE BOULEVARD RULE IN THE CASE OF A CLAIM BROUGHT BY A PASSENGER?

Troy Arness Gatewood v. State of Maryland - Case No. 107, September Term 2004

ISSUE - CRIMINAL LAW - WAS IT ERROR TO DENY THE MOTION TO DISQUALIFY THE ASSISTANT STATE'S ATTORNEY?

Julian Gray v. State of Maryland - Case No. 108, September Term 2004

ISSUE - CRIMINAL LAW - IN DENYING A PETITION TO REOPEN POST CONVICTION PROCEEDINGS IS THE JUDGE REQUIRED TO SUBMIT A STATEMENT OF THE REASONS FOR DENYING THE PETITION?

Derek T. Harvey v. Robin Laverne Marshall et al - Case No. 109, September Term 2004

ISSUE - FAMILY LAW - ARE THE BEST INTEREST OF CHILDREN SUBJECT TO FEDERAL LAWS AND PROGRAMS AS THE RELATE TO CHILD SUPPORT ENFORCEMENT?

Uninsured Emplopyer's Fund v. Gerald E. Danner - Case No. 110, September Term 2004

ISSUE - WORKER'S COMPENSATION COMMISSION - IS THE UNINSURED EMPLOYERS' FUND OBLIGATED TO PAY AN AWARD WHILE AN APPEAL IS PENDING IN THE COURTS OR AN ISSUE IS AWAITING RESOLUTION BY THE WORKERS' COMPENSATION FUND?

Manor Country Club v. Betty Flaa - Case No. 111, September Term 2004

ISSUE - ATTORNEYS - IS THE STANDARD FOR AWARDING ATTORNEY'S FEES THE LODESTAR APPROACH OR THE COUNTY STATUTE AUTHORIZING THE AWARD OF OF FEES?

Shirley L. Downes v. Gregory Downes - Case No. 112, September Term 2004

ISSUE - ESTATES - MAY A CIRCUIT COURT EXTEND THE TIME FOR FILING AN ELECTION TO TAKE A STATUTORY SHARE OF A HUSBAND'S ESTATE AFTER THE PRECEDING EXTENSION PERIOD HAS EXPIRED?

Alvin G. Pye v. State of Maryland - Case No. 113, September Term 2004

ISSUE - CRIMINAL LAW - DOES THE RULE WHICH STATES THAT A CONVICTION FOR CARRYING A HANDGUN DOES NOT MERGE INTO A CONVICTION FOR POSSESSION OF A FIREARM BY A PREVIOUSLY CONVICTED PERSON STILL APPLY IN LIGHT OF A STATUTORY INCREASE IN THE POSSESSION PENALTY?

Darryl Womack v. State of Maryland - Case No. 114, September Term 2004

ISSUE - CRIMINAL LAW - DOES THE RULE WHICH STATES THAT A CONVICTION FOR CARRYING A HANDGUN DOES NOT MERGE INTO A CONVICTION FOR POSSESSION OF A FIREARM BY A PREVIOUSLY CONVICTED PERSON STILL APPLY IN LIGHT OF A STATUTORY INCREASE IN THE POSSESSION PENALTY?

Kareen Wynn v. State of Maryland - Case No. 115, September Term 2004

ISSUE - CRIMINAL LAW - DOES A TRIAL JUDGE HAVE THE INHERENT POWER TO DISMISS AN INDICTMENT FOR THE STATE'S VIOLATION OF A SCHEDULING ORDER?

James Smith and Jason Mack v. State of Maryland - Case No. 116, September Term 2004

ISSUE - CRIMINAL LAW - WAS THE DEFENDANT ENTITLES TO A JURY INSTRUCTION AND CLOSING ARGUMENT ON CROSS-RACIAL IDENTIFICATION?

Lightolier, A Division of Genlyte Thomas Group, LLC - Case No. 117, September Term 2004

ISSUE - PRODUCTS LIABILITY - WHERE A LIGHT FIXTURE IS ACCOMPANIED BY SAFETY FEATURES WAS THE OWNER'S FAILURE TO HEED THE MANUFACTURER'S WARNING THE SOLE PROXIMATE CAUSE OF THE FIRE?

Anthony F. Rhaney, Jr. v. University of Maryland Eastern Shore - Case No. 118, September Term 2004

ISSUE - TORTS - IS THE UNIVERSITY LIABLE FOR THE ASSAULT COMMITTED BY ONE STUDENT AGAINST ANOTHER STUDENT?

Beyond Systems, Inc. v. Realtime Gaming Holding Company, LLC et al - Case No. 119, September Term 2004

ISSUE - CIVIL PROCEDURE - DID THE FOREIGN CORPORATIONS HAVE SUFFICIENT CONTACTS WITH MARYLAND VIA THE INTERNET IN ORDER TO BE SUBJECT TO PERSONAL JURISDICTION OF THE MARYLAND COURTS?

South Easton Neighborhood Association, Inc., et al. v. Town of Easton, Maryland, et al - Case No. 120, September Term 2004.

ISSUE - MUNICIPALITIES - UNDER WHAT CIRCUMSTANCES MAY A MUNICIPALITY CONVEY PUBLIC PROPERTY TO A PRIVATE PERSON OR ENTITY?