Maryland Courts

GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2004

 

Granted June 9, 2005

Brown & Williamson Tobacco Corp., et al. v. Booker T. Culbertson - Case No. 153, September Term 2004.

Baltimore County, Maryland v. William A. Kelly, III - Case No. 17, September Term 2005.

ISSUE - IS SUMMARY JUDGMENT APPROPRIATE AS A MATTER OF LAW FOR AN APPEAL FROM THE MARYLAND WORKERS' COMPENSATION COMMISSION?

Wendell Hackley v. State of Maryland - Case No. 18, September Term 2005.

ISSUE - CRIMINAL LAW - DOES THE CRIME OF STALKING INCLUDE CONDUCT OCCURRING OUTSIDE THE VICTIM'S PRESENCE AND WITHOUT THE VICTIM'S CONCURRENT AWARENESS?

Wesley Allan Rollins v. State of Maryland - Case No. 19, September Term 2005.

ISSUE - CRIMINAL LAW - DOES THE ADMISSION OF AN AUTOPSY REPORT WITHOUT THE MEDICAL EXAMINER'S TESTIMONY VIOLATE THE DEFENDANT'S SIXTH AMENDMENT RIGHT TO CONFRONTATION?

Motor Vehicle Administration v. Steven W. Weller - Case No. 20, September Term 2005.

ISSUE - EVIDENCE - ARE PRELIMINARY BREATH TESTS RESULTS INADMISSIBLE AT AN ADMINISTRATIVE HEARING?

Le'Bon Walker a/k/a L.B. Walker v. State of Maryland - Case No. 21, September Term 2005.

ISSUE - CRIMINAL LAW - WAS THE DEFENDANT DENIED EFFECTIVE ASSISTANCE OF COUNSEL BY HIS ATTORNEY'S SILENCE AND NON-PARTICIPATION AT DEFENDANT'S TRIAL?

Jonathan F. Pollard v. State of Maryland - Case No. 22, September Term 2005.

ISSUE - CRIMINAL LAW - WAS THE SENTENCING JUDGE PRESUMED TO KNOW THAT HE HAD DISCRETION TO SUSPEND A PORTION OF LIFE SENTENCE?

Department of Natural Resources v. James Heller - Case No. 23, September Term 2005.

ISSUE - APPEALS - DID THE COURT OF SPECIAL APPEALS EXCEED ITS SCOPE OF REVIEW BY EVALUATING THE TESTIMONY OF A WITNESS WHOM THE ADMINISTRATIVE LAW JUDGE FOUND WAS NOT CREDIBLE AS HE HAD LIED UNDER OATH?

John Ryan Schlamp v. State of Maryland - Case No. 24, September Term 2005.

ISSUE - CRIMINAL LAW - WAS THERE LEGALLY SUFFICIENT EVIDENCE TO SUSTAIN THE CONVICTION OF COMMON LAW RIOT?

State of Maryland, et al v. Evelyn Dett - Case No. 89, September Term 2005.

ISSUE - APPEALS - LAW ENFORCEMENT - WHAT ARE THE LEGAL DUTIES OF LAW ENFORCEMENT OFFICERS WHO ARREST AN INNOCENT PERSON UNDER AN IMPROPERLY EXECUTED BENCH WARRANT?

 

Granted June 16, 2005

Daniel M. Christian v. State of Maryland - Case No. 26, September Term 2005.

ISSUE - CRIMINAL LAW - MAY IMPERFECT SELF-DEFENSE SERVE AS A DEFENSE TO FIRST DEGREE ASSAULT?

Elmer Dennis, et al v. Fire & Police Employees Retirement System, et al. - Case No. 27, September Term 2005.

ISSUE - FAMILY LAW - IS A DEFERRED COMPENSATION BENEFIT ACQUIRED AFTER A DIVORCE MARITAL PROPERTY?

Motor Vehicle Administration v. Carmelina Illiano - Case No. 28, September Term 2005.

ISSUE - MOTORISTS - IN A DRUNK DRIVING CASE MAY THE ARRESTING OFFICER RELY UPON OBSERVATIONS MADE BOTH BEFORE AND AFTER  THE INITIAL DETENTION OF THE SUSPECT TO SUPPORT REASONABLE GROUNDS TO REQUEST A CHEMICAL BREATH TEST?

James Kane, Jr., and Realty Development Group, Inc. v. The Board of Appeals of Prince George's County, sitting as the Board of Administrative Appeals - Case No. 29, September Term 2005.

ISSUE - LEASES - WHO IS RESPONSIBLE, THE LANDLORD OR THE TENANT FOR COUNTY FIRE CODE VIOLATIONS CAUSED BY THE TENANT'S PERSONAL PROPERTY WITHIN THE LEASLED PREMISED?

Douglas M. Armstrong, et al v. Baltimore City, Maryland - Case No. 30, September Term 2005.

ISSUE - APPEALS - DID THE COURT OF SPECIAL APPEALS ERR IN RULING THAT NO APPEAL WAS ALLOWED BY LAW FROM THE CIRCUIT COURT'S DISMISSAL OF THE PETITION FOR JUDICIAL REVIEW?

Corey Pendleton v. State of Maryland, et al - Case No. 31, September Term 2005.

ISSUE - TORTS - DOES THE STATE HAVE A SPECIAL DUTY TO PROTECT A CHILD PLACED IN A GROUP FOSTER HOME FROM THE INTENTIONAL ACTS OF A THIRD PARTY?