Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2006

 

Granted September 8, 2006

James T. Walker v. Centre Insurance Company, et al. - Case No. 56, September Term 2006.

ISSUE - ADMINISTRATIVE LAW - WHEN DOES THE PERIOD FOR APPEALING AN ADMINISTRATIVE DECISION TO THE CIRCUIT COURT BEGIN TO RUN?

 

Denied September 12, 2006

Vovak v. Donna - Pet. Docket No. 355
Mt. Vernon Belvedere v. Dept. of Housing - Pet. Docket No. 256

Granted September 13, 2006

City of Bowie, Maryland v. MIE Properties, Inc. et al. - Case No. 57, Sept. Term 2006. (Both petition and cross-petition granted).

ISSUE - REAL PROPERTY - WHAT LEGAL STANDARD SHOULD BE APPLIED TO THE QUESTION OF THE CONTINUED VALIDITY OF CERTAIN RESTRICTIVE COVENANTS?

Wells Fargo Home Mortgage, Inc. v. Alan Neal - Case No. 58, Sept. Term 2006.

ISSUE - REAL PROPERTY - MAY A PRIVATE CITIZEN FILE A BREACH OF CONTRACT ACTION FOR ALLEGED VIOLATIONS OF HUD MORTGAGE SERVICING REGULATIONS?

Garrison Thomas v. State of Maryland - Case No. 59, Sept. Term 2006.

ISSUE - CRIMINAL LAW - DID THE STATE FAIL TO TIMELY PROVIDE TO THE DEFENSE DISCOVERY OF THE DEFENDANT'S STATEMENT?

Paul Del Marr v. Montgomery County, Maryland - Case No. 60, Sept. Term 2006.

ISSUE - WORKERS' COMPENSATION - IN A REOPENED WORKERS' COMPENSATION CASE FOR WORSENING OF CONDITION RESULTING IN AN AWARD INCREASED FROM A FIRST TO SECOND TIER INJURY IS THE EMPLOYER ENTITLED TO A CREDIT BASED UPON THE AMOUNT PREVIOUSLY PAID?

Frank M. Moscarillo v. Professional Risk Management Services, Inc., et al. - Case No. 61, Sept. Term 2006.

ISSUE - INSURANCE - UNDER A PROFESSIONAL LIABILITY INSURANCE POLICY MAY TEH INSURER REFUSE TO DEFEND THE INSURED WHEN FRAUD NOT NEGLIGENCE IS THE BASIS OF THE CAUSE OF ACTION FILED AGAINST THE INSURED?

Gerald D. Fuller v. State of Maryland - Case No. 62, Sept. Term 2006.

ISSUE - HEALTH - IS DENIAL OF A PETITION FOR COMMITMENT FOR SUBSTANCE ABUSE TREATMENT AN APPEALABLE ORDER?

Maurice Galen Hunter v. State of Maryland - Case No. 63, Sept. Term 2006. (Petition by Public Defender on behalf of petioner is granted. Petition by Hunter (pro-se) and conditional cross-petition are denied.)

ISSUE - CRIMINAL LAW - IN A CRIMINAL LAW TRIAL MAY THE PROSECUTOR ASK THE DEFENDANT WHETHER THE POLICE WITNESSES WERE LYING?

Robin Tyronne Cathcart v. State of Maryland - Case No. 64, Sept. Term 2006

ISSUE - CRIMINAL LAW - IS A SENTENCE FOR COMMON LAW FALSE IMPRISONMENT OF "LIFE IMPRISONMENT, SUSPEND ALL BUT TEN (10) YEARS, WITH NO PERIOD OF PROBATION" AN ILLEGAL SENTENCE?

Rafael Flores v. Ronald Bell, et al. - Case No. 65, Sept. Term 2006

ISSUE - CIVIL PROCEDURE - MAY A JURY'S VERDICT BE VACATED AS A SANCTION AGAINST DEFENSE COUNSEL FOR MAKING A STATEMENT TO THE TRIAL JUDGE PERCEIVED TO CONSTITUTE A MISREPRESENTATION?

Koons Ford of Baltimore, Inc. v. Raymond Calvin Lobach, et al. - Case No. 66, Sept. Term 2006.

ISSUE - ARBITRATION - MAY CLAIMS UNDER THE MAGNUSON-MOSS WARRANTY ACT BE RESOLVED THROUGH BINDING ARBITRATION?

Property and Casualty Insurance Guaranty Corporation v. Peter L. Yanni - Case No. 67, Sept. Term 2006.

ISSUE - INSURANCE - IS THE PROPERTY AND CASUALTY INSURANCE GUARANTY CORPORATION SUBJECT TO THE ASSESSMENT OF FINES FOR LATE PAYMENT OF BENEFITS?