Maryland Courts

GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2004

 

Granted August 10, 2005

In Re:  Kaleb B. - Case No. 43, September Term 2005.

ISSUE - JUVENILE LAW - WAS THE PETITION CHARGING JUVENILE DELINQUENCY UNTIMELY FILED?

Robert Lee Walker v. State of Maryland - Case No. 44, September Term 2005.

ISSUE - CRIMINAL LAW - IS IT UNCONSTITUTIONAL TO CONTINUE A CRIMINAL TRIAL AND COMMIT A DEFENDANT FOR UP TO FIVE YEARS BECAUSE HE IS INCOMPETENT TO STNAD TRIAL?

Stefan Tyson Bell v. State of Maryland - Case No. 45, September Term 2005. (Petition granted and Conditional Cross-Petition denied.)

ISSUE - CRIMINAL LAW - SHOULD AN APPEAL AND INDICTMENT BE DISMISSED WHEN THE DEFENDANT DIES BEFORE HIS DIRECT APPEAL HAS BEEN DECIDED?

Keli Lea Daugherty v. Floyd W. and Karen Daugherty - Case No. 46, September Term 2005.

ISSUE - FAMILY LAW - IS THE STANDARD FOR UNFITNESS OF A PARENT IN A PRIVATE THIRD PARTY CUSTODY CASE DIFFERENT THAN IN A CINA CASE?

Kobie Matoumba v. State of Maryland - Case No. 47, September Term 2005.

ISSUE - CRIMINAL LAW - MUST A POLICE OFFICER QUALIFY AS AN EXPERT BEFORE GIVING AN OPINION AS TO REASONABLE ARTICULATE SUSPICION TO JUSTIFY A TERRY FRISK?

William C. Bond v. Gerald A. Messerman - Case No. 48, September Term 2005.

ISSUE - COURTS - DO MARYLAND COURTS HAVE JURISDICTION OVER A LAWYER OUTSIDE MARYLAND WHO PROVIDES NEGLIGENT PROFESSIONAL ADVICE BY MAIL OR TELEPHONE TO A MARYLAND RESIDENT?

Francesco A. Kelly v. State of Maryland - Case No. 49, September Term 2005.

ISSUE - CRIMINAL LAW - WAS AN EVIDENTIARY HEARING A STATE OF THE TRIAL AT WHICH THE DEFENDANT HAD A RIGHT TO BE PRESENT?

Columbia Courtyard, Inc. et al v. Jennifer Corinaldi and Ronald Corinaldi - Case No. 50, September Term 2005.

ISSUE - INN KEEPERS - DOES AN INNKEEPER HAVE A DUTY TO PROTECT THE GUEST OF A REGISTERED GUEST FROM THE CRIMINAL ACTS OF A THIRD PARTY?

Department of Public Safety and Correctional Services v. Diane Myers, et al. - Case No. 51, September Term 2005. (Petition and Cross-Petition both granted.)

ISSUE - ADMINISTRATIVE LAW - DOES THE STATE LAW PROHIBIT AN ADMINISTRATIVE LAW JUDGE FROM ORDERING THE RECLASSIFICATION OF AN INDIVIDUAL STATE EMPLOYEE'S POSITION?

Georgia-Pacific Corporation, et al. v. Elsie L. Benjamin, Individually, etc. - Case No. 52, September Term 2005. (Petition and Cross-Petition both granted.)

ISSUE - LIMITATION OF ACTIONS - IN ASBESTOS RELATED WRONGFUL DEATH AND SURVIVAL ACTIONS WHAT FACTORS TRIGGERS THE COMMENCEMENT OF THE STATUTE OF LIMITATIONS?

Latia Holloman v. Circuit City Stores, et al. - Case No. 53, September Term 2005.

ISSUE - ARBITRATION - IS AN ARBITRATION AGREEMENT VALID WHEN IT ALLOWS THE EMPLOYER TO MODIFY OR TERMINATE THE AGREEMENT UPON THIRTY DAYS NOTICE TO THE EMPLOYEE?

Orlando Byndloss v. State of Maryland - Case No. 54, September Term 2005.

ISSUE - CRIMINAL LAW - IN A ROUTINE TRAFFIC STOP DOES A COMPUTER BREAKDOWN ALLOW A POLICE OFFICER TO DETAIN A MOTORIST UNTIL THE COMPUTER WHICH FURNISHES THE INFORMATION ABOUT THE MOTORIST IS RESTORED TO OPERATION?

Robert E. Greenstreet v. State of Maryland - Case No. 55, September Term 2005.

ISSUE - CRIMINAL LAW - MUST A REVIEWING COURT IN DECIDING UPON THE VALIDITY OF A SEARCH WARRANT ACCEPT AS FACT A CLERICAL ERROR APPARENT ON THE FACE OF THE ACCOMPANYING AFFIDAVIT?

Board of Education of Talbot County, Maryland v. James D. Heister, et al. - Case No. 56, September Term 2005.

ISSUE - EDUCATION - IS A PROVISION IN A STATE TEACHER'S CONTRACT ALLOWING FOR FORFEITURE OF A TEACHER'S ACCRUED SALARY FOR BIOLATION OF A CONDITION OF THE CONTRACT UNENFORCEABLE?

McKim McKenney Simmons v. State of Maryland - Case No. 57, September Term 2005.

ISSUE - EVIDENCE - WAS EVIDENCE INADMISSIBLE WHICH SHOWED THAT THE DEFENDANT'S WIFE INVOKED HER FIFTH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION AS A REASON FOR NOT TESTIFYING?