Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2005

 

Granted June 7, 2006

Aventis Pasteur, Inc., et al. v. John Skevofilax, individually, etc., et al. - Case No. 15, September Term 2006.

ISSUE - MAY A MINOR PLAINTIFF VOLUNTARILY DISMISS WITHOUT PREJUDICE A TORT ACTION THEREBY AVOIDING SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS?

Mayor and City Council of Baltimore v. Michael Lee Hart - Case No. 16, September Term 2006.

ISSUE - IN A MOTOR TORT CASE INVOLVING A POLICE OFFICER RESPONDING TO AN EMERGENCY IS THE STANDARD OF CARE FOR THE OFFICER GOVERNED BY A POLICE REGULATION OR BY A DIFFERENT STATUTORY STANDARD?

Department of Maryland State Police, et al. v. Estate of Ricky Leech, et al. - Case No. 17, Sept. Term 2006.

ISSUE - MARYLAND TORT CLAIMS ACT - IN A WRONGFUL DEATH ACTION UNDER THE MARYLAND TORT CLAIMS ACT WAS THE STATE CLOAKED WITH SOVEREIGN IMMUNITY DUE TO THE PLAINTIFFS' NONCOMPLIANCE WITH THE NOTICE REQUIREMENTS OF THE ACT?

Martin Baltrotsky v. Mark W. Kugler - Case No. 18, September Term 2006.

ISSUE - REAL PROPERTY - WHEN THE NOTICE OF FORECLOSURE SALE PROVIDES THAT "INTEREST SHALL NOT BE ABATED", DOES A COURT ORDER APPROVING ABATEMENT OF INTEREST VIOLATE MARYLAND LAW?

BAA, plc, et al. v. Acacia Mutual Life Insurance Company, et al. - Case No. 19, September Term 2006. (Petition and Cross-Petition both granted)

ISSUE - ACCOUNTANTS - DOES MARYLAND RECOGNIZE A FRAUD EXCEPTION TO THE STATUTORY ACCOUNTANT-CLIENT PRIVILEGE?

Clifford S. Walzer, et al. v. Keith J. Osborne - Case No. 20, September Term 2006.

ISSUE - MEDICAL MALPRACTICE - MUST A MEDICAL MALPRACTICE CLAIM BE DISMISSED WHEN THE CERTIFICATE OF A QUALIFIED EXPERT DOES NOT INCLUDE AN ATTESTING EXPERT REPORT?

Seth M. Goldberg, et al. v. Billy Earl Boone - Case No. 21, September Term 2006. (Petition and Cross-Petition both granted)

ISSUE - EVIDENCE - IN A MEDICAL MALPRACTICE ACTION: (1) DID THE PLAINTIFF INTRODUCE IMPROPER INFLAMMATORY EVIDENCE OF THE SNIPER SHOOTINGS AND (2) DID THE JURY PROPERLY CONSIDER THE ISSUE OF LACK OF INFORMED CONSENT?

Taylor Wilson v. Nationwide Mutual Insurance Company - Case No. 22, September Term 2006. (Petition and Cross-Petition both granted).

ISSUE - INSURANCE - IS A "FELLOW EMLPOYEE" EXCLUSION CONTAINED IN A COMMERCIAL AUTOMOBILE LIABILITY INSURANCE POLICY VALID IF IT REDUCES COVERAGE FOR INJURED FELLOW EMPLOYEES TO THE STATUTORY MINIMUM LIMITS?

Legacy Funding LLC v. Edward S. Cohn, Substitute Trustees, et al. - Case No. 23, September Term 2006.

ISSUE - REAL PROPERTY - IS THE FORECLOSURE SALE PURCHASER ENTITLED TO COMPENSATION FOR ALLOWING THE FORMER OWNER TO REMAIN IN POSSESSION OF THE FORECLOSED PROPERTY UNTIL THE PURCHASER OBTAINS POSSESSION?

Kevin Tremaine Stoddard v. State of Maryland - Case No. 24, September Term 2006.

ISSUE - EXPUNGEMENT OF RECORDS - MAY EXPUNGEMENT OF A PART OF A CRIMINAL INDICTMENT BE DENIED BECAUSE ALL THE COUNTS OF THE INDICTMENT PURPORTEDLY WERE ONE CRIMINAL UNIT?

Legacy Funding LLC v Howard N. Bierman, Substitute Trustees, et al. - Case No. 25, September Term 2006.

ISSUE - REAL PROPERTY - IS THE FORECLOSURE SALE PURCHASER ENTITLED TO COMPENSATION FOR ALLOWING THE FORMER OWNER TO REMAIN IN POSSESSION OF THE FORECLOSED PROPERTY UNTIL THE PURCHASER OBTAINS POSSESSION?

Legacy Funding LLC v. Thomas P. Dore, Substitute Trustees, et al. - Case No. 26, September Term 2006.

ISSUE - REAL PROPERTY - IS THE FORECLOSURE SALE PURCHASER ENTITLED TO COMPENSATION FOR ALLOWING THE FORMER OWNER TO REMAIN IN POSSESSION OF THE FORECLOSED PROPERTY UNTIL THE PURCHASER OBTAINS POSSESSION?

 

Granted June 14, 2006

Charles R. Dashiell, Jr., et al. v. Charles E. Meeks, Jr. - Case No. 27, September Term 2006.

ISSUE - APPEALS - MAY AN APPELLATE COURT CONSIDER PART OF THE RECORD WHICH IT ORDERED AND SUPPLEMENTED INTO THE RECORD?

Richard A. Mundey v. Erie Insurance Group, et al. - Case No. 28, September Term 2006.

ISSUE - INSURANCE - IS A LIMITATION ON COVERAGE OF "RESIDENT" FAMILY MEMBERS INVALID BECAUSE IT IS NOT AUTHORIZED BY THE MOTOR VEHICLE INSURANCE STATUTES?

David Reier v. Department of Assessments and Taxation - Case No. 29, September Term 2006.

ISSUE - STATE PERSONNEL - DOES AN AWARD TO A WRONGFULLY TERMINATED EMPLOYEE OF "FULL BACK PAY" INCLUDE RESTORATION OF LOST BENEFITS UNDER THE RELEVANT STATUTES?

Ronald Boyd a/k/a Randall Boyd v. State of Maryland - Case No. 30, September Term 2006.

ISSUE - DOMESTIC VIOLENCE - IN A PROSECUTION FOR VIOLATION OF A PROTECTIVE ORDER IS THE APPLICATION FOR THE ORDER WHICH INCLUDES ALLEGATION OF MISCONDUCT RELEVANT OR ADMISSIBLE TO SHOW "CONTEXT"?

Steven Rodney Stephens v. State of Maryland - Case No. 31, September Term 2006.

ISSUE - DOMESTIC VIOLENCE - WHERE A PROTECTIVE ORDER IS ENFORCED IS RECONCILATION A DEFENSE TO THE ENFORCEMENT?

David A. Bramble, Inc. v. Merrill F. Thomas, et ux. - Case No. 32, September Term 2006.

ISSUE - REAL PROPERTY - MAY A HOLDER OF A RIGHT OF FIRST REFUSAL ON A PROPERTY EXERCISE THAT RIGHT IF HE FAILS TO INCLUDE A NON-PRICE PURPORTEDLY IMMATERIAL TERM IN THE OFFER?

Eastside Vend Distributors, Inc., v. The Pepsi Bottling Group, Inc. - Case No. 33, September Term 2006.

ISSUE - ANTITRUST LAW - IS A SELLER OF GOODS GUILTY OF PRICE DISCRIMINATION IF HE SELLS A PRODUCT TO ONE PURCHASER AT A SUBSTANTIALLY HIGHER PRICE THAN HE CHARGES THE PURCHASER'S COMPETITOR'S?

Saturio Grogrieo Fields v. State of Maryland - Case No. 34, September Term 2006.

ISSUE - EVIDENCE - WAS THE DISPLAY OF THE DEFENDANT'S NICKNAME ON A BOWLING ALLEY TELEVISION MONITOR ADMISSIBLE NON-HEARSAY TO PROVE HIS PRESENCE AT THE BOWLING ALLEY AT THE TIME OF THE SHOOTINGS?

Glen Koshko, et ux. v. John Haining, et ux. - Case No. 35, September Term 2006.

ISSUE - FAMILY LAW - WERE THE GRANDPARENTS ENTITLED TO VISITATION WITH THE GRANDCHILDREN?

Terry Haley a/k/a Antoine Haley v. State of Maryland - Case No. 36, September Term 2006.

ISSUE -E VIDENCE - DOES THE ATTORNEY-CLIENT PRIVILEGE EXTEND TO INFORMATION WHICH THE DEFENDANT PROVIDES HIS ATTORNEY AND WHICH LATER FORMS THE BASIS OF THE DEFENDAN'T DEFENSE?

Terrance Parker v. State of Maryland - Case No. 37, September Term 2006.

ISSUE - CRIMINAL LAW - DID THE SIEZURE OF EVIDENCE BY THE POLICE FOLLOWING THE EXECUTION OF A "NO-KNOCK" SEARCH WARRANT VIOLATE THE MARYLAND FEDERAL LAW?

 

Denied June 7, 2006

Anderson v. Deas - Pet. Docket No. 61*
Anne Arundel County v. Cambridge Commons - Pet. Docket No. 64*
Atwell v. Anne Arundel Police - Pet. Docket No. 42*
Bon Secours v. Zietz - Pet. Docket No. 37*
Brown v. Mayor - Pet. Docket No. 81 *
Caplan - Pet. Docket No. 79*
Colao v. Park & Planning - Pet. Docket No. 63*
Cole, Jeffrey R. v. State - Pet. Docket No. 52*
Burrell v. Washington County - Pet. Docket No. 51*
Dahne v. Carefirst - Pet. Docket No. 60*
East Park v. Larkin - Pet. Docket No. 49*
Erby v. Archer - Pet. Docket No. 43*
Fast v. Klein's - Pet. Docket No. 36*
Goodman v. Dix - Pet. Docket No. 70*
Green, Glenn William v. State - Pet. Docket No. 82*
Green, Tony Lee v. State - Pet. Docket No. 59*
Harris, Marcellus Angelo v. State - Pet. Docket No. 86*
Heare, Roger Ernest v. State - Pet. Docket No. 505
Helms, Jerry A. Jr. v. State - Pet. Docket No. 77*
Hinton, William R. II v. State - Pet. Docket No. 68*
Hughes, Deontae Douglas v. State - Pet. Docket No. 47*
In Re: Kei'Nea B. - Pet. Docket No. 539
Ingram, Rashad v. State - Pet. Docket No. 513
Jackson, Larry Ervin v. State - Pet. Docket No. 75*
Johnson v. Grady - Pet. Docket No. 507
Kushindana v HCC - Pet. Docket No. 83* and cross-petition
Lattimer v. Kensington - Pet. Docket No. 66 *
Marshall, Jermaine Cephas v. State - Pet. Docket No. 87*
McCrimmon v. KIA - Pet. Docket No. 76*
Miller v. State Retirement - Pet. Docket No. 53*
Mona Electric v. Mona - Pet. Docket No. 94 *
Moore, Robert Lee Jr. v. State - Pet. Docket No. 41*
Paek v. License Commissioners - Pet. Docket No. 149*
Phoenix v. Johns Hopkins - Pet. Docket No. 78*
S&S v. Massey - Pet. Docket No. 71*
Sanders v. Rhodes - Pet. Docket No. 101*
Sebree v. State Retirement - Pet. Docket No. 80*
State v. Anthony Thomas, Jr. - Pet. Docket No. 32*
Stewart v. Stewart - Pet. Docket No. 38*
Taylor, Bobby E. v. State - Pet. Docket No. 45*
Theuruer v. Farrell - Pet. Docket No. 48*
Thomas, Charles Cecil v. State - Pet. Docket No. 67*
Warrell, Gregory James v. State - Pet. Docket No. 50 *



* September Term 2006