Maryland Courts

GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2004

 

Granted April 1, 2005

J. Michael Stouffer, Warden v. James L. Pearson - Case No. 1, September Term 2005.

ISSUE - CRIMINAL LAW - WHAT IS THE PROPER COMMENCEMENT DATE OF A CONSECUTIVE SENTENCE IMPOSED WHILE AN OFFENDER IS ON PAROLE?

 

Granted April 7, 2005

Lawrence Boas v. Corinne Gonzales - Case No. 152, September Term 2004.

Wendy Simpkins v. Ford Motor Credit Company, et al - Case No. 2, September Term 2005.

ISSUE - MOTOR VEHICLE LEASING ACT - MAY AUTO LESSORS CHARGE CUSTOMERS A LATE FEE IN EXCESS OF 6% PER ANNUM?

Tomran, Inc. v. William M. Passano, Jr., et al. - Case No. 3, September Term 2005.

ISSUE - CONFLICT OF LAW - SHOULD THE COURT ACCEPT THE LAW OF NEW YORK CHOSEN BY THE PARTIES IN THE CONTRACT AS THE LAW GOVERNING THE DISPUTE AT ISSUE?

Wesley Whiting a/k/a Jeffrey Wilson a/k/a Lynell Whiting v. State of Maryland - Case No. 4, September Term 2005.

ISSUE - CRIMINAL LAW - DID THE DEFENDANT LACK STANDING TO CHALLENGE THE LEGALITY OF THE SEARCH OF THE HOUSE WHERE HE WAS RESIDING WITHOUT A PROPERTY INTEREST?

Royal Plaza Community Association, Inc. v. Eugene Bonds - Case No. 5, September Term 2005.

ISSUE - MAY A COURT ORDER FORECLOSURE OF THE RIGHTS OF REDEMPTION AS TO CERTAIN PROPERTY EVEN THOUGH THE NOTICE REQUIREMENTS OF THE TAX-PROPERTY ARTICLE, SECTION 14-836(b) WERE NOT FOLLOWED?

Anne Arundel County Board of Education v. David Norville -  Case No. 6, September Term 2005. (Petition and Cross Petition both granted.)

ISSUE - EDUCATION - ARE LOCAL BOARDS OF EDUCATION IMMUNE FROM SUITS ALLEGING AGE DISCRIMINATION?

Crystal A. Benson, et al. v. State of Maryland, et al - Case No. 7, September Term 2005.

ISSUE - MARYLAND DECLARATION OF RIGHTS - (1) MUST THE MARYLAND GENERAL ASSEMBLY AUTHORIZE THE RATE OR AMOUNT OF A GENERAL REVENUE MEASURE? (2) MAY A CLASS ACTION BE BROUGHT UNDER THE MARYLAND TORT CLAIMS ACT?

Carl Surland v. State of Maryland - Case No. 8, September Term 2005.

ISSUE - CRIMINAL LAW - WAS EVIDENCE OF THE DEFENDANT'S ASSAULT UPON THE ARRESTING OFFICERS ADMISSIBLE AS SHOWING CONSCIOUSNESS OF GUILT WITH RESPECT TO THE THEFT OF PROPERTY WHICH HE WAS CHARGED?

Samuel Garrett v. State of Maryland - Case No. 9, September Term 2005.

ISSUE - CRIMINAL LAW - MAY THE INTERMEDIATE APPELLATE COURT REFUSE TO RECOGNIZE PLAIN ERROR IN JURY INSTRUCTIONS BECAUSE IT DISAGREES WITH SUBSTANTIVE LAW ESTABLISHED BY THE COURT OF APPEALS?

Elie G. Debbas, et al. v. Thelma Nelson, et al. - Case No. 10, September Term 2005.

ISSUE - MEDICAL MALPRACTICE - IN A MEDICAL MALPRACTICE ACTION IS THE CERTIFICATE OF A QUALIFIED EXPERT NULLIFIED BY THE EXPERT'S SUBSEQUENT DEPOSITION CONTRADICTING THE CERTIFICATE?

Tamala Boyd, et al. v. Bell Atlantic-Maryland, Inc. et al - Case No. 11, September Term 2005.

ISSUE - IS THE JUDGMENT OF THE CIRCUIT COURT FINAL AND APPEALABLE; IF SO, IS THE SETTLEMENT APPROVED BY THE CIRCUIT COURT FAIR, REASONABLE AND ADEQUATE?