Maryland Courts

GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2005

 

Granted October 12, 2005

Canaj, Inc. v. Baker and Division Phase III, et al. - Case No. 72, September Term 2005.

Adventist Health Care, Inc., et al v. Maryland Health Care Commission, et al. - Case No. 73, September Term 2005.

 

Granted October 3, 2005

State of Maryland v. Ralph Edward Wilkins - Case No. 65, September Term 2005.

ISSUE - CRIMINAL LAW - DID THE TRIAL JUDGE'S REFUSAL TO CONSIDER SUSPENDING OR REDUCING THE DEFENDANT'S SENTENCE RENDER THE SENTENCE ILLEGAL?

Leland C. Brendsel, et al. v. Winchester Construction Co., Inc. - Case No. 66, September Term 2005.

ISSUE - CONTRACTS - DID A PARTY TO A CONTRACT WAIVE ITS RIGHT TO ARBITRATE A DISPUTE BECAUSE IT FILED A SUIT FOR A MECHANIC'S LIEN?

Diana Knight v. Princess Builders, Inc., et al. - Case No. 67, September Term 2005.

ISSUE - CIVIL PROCEDURE - DID THE CIRCUIT COURT LACK SUBJECT MATTER JURISDICTION TO ENTERTAIN RESPONDENT'S APPEAL FROM THE ORPHANS' COURT DECISION?

Philip Morris, USA, Inc., et al. v. Nana K. Christenson, et al. - Case No. 68, September Term 2005.

ISSUE - CIVIL PROCEDURE - IS THERE A JUDICIAL EXCEPTION TO THE STATUTES OF LIMITATIONS UNDER WHICH THE FILING OF A CLASS ACTION LAWSUIT AUTOMATICALLY TOLLS THE RUNNING OF LIMITATION FOR ALL CLAIMS OF WOULD BE CLASS MEMBERS?

Archdiocese of Washington, et al. v. William T. Moersen - Case No. 69, September Term 2005.

ISSUE - CONSTITUTIONAL LAW - IS A RELIGIOUS INSTITUTION IMMUNE FROM A SUIT FILED BY AN ORGANIST WHO PLAYED THE ORGAN AT RELIGIOUS SERVICES?

Gemar Clemons v. State of Maryland - Case No. 70, September Term 2005.

ISSUE - EVIDENCE - IS BULLET LEAD ANALYSIS SUFFICIENTLY ACCEPTED IN THE SCIENTIFIC COMMUNITY TO PERMIT EXPERT TESTIMONY RELATING TO THE ANALYSIS?

In Re:  Blessen H. - Case No. 71, September Term 2005.

ISSUE - FAMILY LAW - WHETHER IN A CHILD IN NEED OF ASSISTANCE PROCEEDING THE RIGHT TO A CONTESTED ADJUDICATORY HEARING MAY BE WAIVED ONLY BY THE PARENTS KNOWING, INTELLIGENT AND VOLUNTARY WAIVER?