Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2006

 

Granted December 14, 2006

Baltimore City Board of School Commissioners v. City Neighbors Charter School - Case No. 100, September Term 2006.

ISSUE - EDUCATION - WHAT ARE THE FUNDING REQUIREMENTS FOR MARYLAND PUBLIC CHARTER SCHOOLS?

Manoochehr Arfaa, et ux. v. Christopher Martino, d/b/a/ Do-It-All Construction, Inc. - Case No. 101, September Term 2006.

ISSUE - MECHANIC'S LIEN - IN A PETITION TO ESTABLISH A MECHANIC'S LIEN WHAT IS REQUIRED TO ADEQUATELY IDENTIFY THE PROPERTY SUBJECT TO THE LIEN?

Alejandro Rodriguez, et al. v. James N. Clark - Case No. 102, September Term 2006.

ISSUE - WITNESSES - IN A MEDICAL MALPRACTICE ACTION MAY MEDICAL EXPERTS BE ALLOWED TO TESTIFY AT TRIAL EVEN THOUGH THE EXPERTS WERE NOT IDENTIFIED PRIOR TO TRIAL AS REQUIRED BY MD. RULE 2-402?

Marcus Dannon Owens v. State of Maryland - Case No. 103, September Term 2006.

ISSUE - JURIES - DOES THE PRESENCE ON A JURY OF A NON-CITIZEN FOREIGN NATIONAL VIOLATE THE MARYLAND AND/OR UNITED STATES CONSTITUTION?

Frederick Green v. Carr Lowery Glass Co., Inc., et al. - Case No. 104, September Term 2006.

ISSUE - WORKERS' COMPENSATION - IS AN EMPLOYEE WHOSE HEARING IS DAMAGED AS A RESULT OF HIS OCCUPATION ENTITLED TO A HEARING AID PAID FOR BY THE EMPLOYER-INSURER?

Gail Sterling v. Atlantic Automotive Corporation - Case No. 105, September Term 2006. Petition and Cross-Petition granted.

ISSUE - EMPLOYMENT - IS THE SEXUAL HARASSMENT OF AN EMPLOYEE BY A SUPERVISOR IMPUTED TO THE EMPLOYER?

Sheri Jackson v. Pasadena Receivables, Inc. - Case No. 106, September Term 2006.

ISSUE - COMMERCIAL LAW - MAY PARTIES IN A PROCEEDING IN A MARYLAND COURT AVOID APPLYING MARYLAND'S RETAIL CREDIT ACCOUNTS LAW BY AGREEING TO APPLY THE LAW OF ANOTHER STATE?

Joy Friolo v. Douglas Frankel, et al. - Case No. 107, September Term 2006.

ISSUE - ATTORNEYS - IS AN ATTORNEY ENTITLED TO A REASONABLE FEE UNDER THE LODESTAR METHOD FOR WORK INCURRED SUCCESSFULLY APPEALING AN ADVERSE RULING OF THE TRIAL JUDGE ON ATTORNEY'S FEES RELATED TO THE TRIAL?

Ronnette McDaniel, et al. v. American Honda Finance Corporation - Case No. 108, September Term, 2006.

ISSUE - COMMERCIAL LAW - MAY MOTOR VEHICLE LESSORS CHARGE LESSEES A LATE FEE FOR LATE PAYMENTS IN EXCESS OF THE 6% ANNUM LIMITATION ON INTEREST?

Forensic Advisors, Inc. et al. v. Matrixx Initiatives, Inc., et al. - Case No. 109, September Term 2006.

ISSUE - CONSTITUTIONAL LAW - MAY A NON-PARTY REPORTER SUBPOENAED IN A CIVIL PROCEEDING REFUSE TO TESTIFY IF IT CAN BE SHOWN THAT THE SUBPOENA WAS NOT ISSUED IN GOOD FAITH?

Montgomery Mutual Insurance Company v. Josephine Chesson, et al. - Case No. 110, September Term 2006.

ISSUE - EVIDENCE - IS A DOCTOR'S TESTIMONY CONCERNING MOLD-RELATED ILLNESSES ADMISSIBLE WITHOUT A FRYE-REED ANALYSIS?

People's Counsel for Baltimore County, et al. v. Dorothy Surina, et al. - Case No. 111, September Term 2006.

ISSUE - ZONING - IS A STORMWATER MANAGEMENT FACILITY SERVING A PRIVATE DEVELOPMENT A PUBLIC FACILITY EXEMPT FROM COUNTY ZONING LAWS?

Tony Lamont Haile v. State of Maryland - Case No. 112, September Term 2006.

ISSUE - CRIMINAL LAW - WAS THE DEFENDANT DENIED EFFECTIVE ASSISTANCE OF COUNSEL BY HIS COUNSEL'S FAILURE TO RENEW A MOTION FOR JUDGMENT OF ACQUITTAL?

Richard Greaves, et al. v. Fay E. Mathis, et al. - Case No. 113, September Term 2006.

ISSUE - REAL PROPERTY - ARE NON-COMMERCIAL PRESCRIPTIVE EASEMENTS IN GROSS TRANSFERABLE?

Leefen Quillens v. Richard W. Moore, Jr. - Case No. 114, September Term 2006.

ISSUE - APPEALS - WERE THE NOTICES OF APPEAL PREMATURE?

Educational Testing Services v. Elba Hildebrant - Case No. 115, September Term 2006.

ISSUE - AGENCY - IS A PRINCIPAL LIABLE FOR THE ALLEGED BAD FAITH ACTION OF ITS AGENT UNDER A CONTRACT IN WHICH THE CONTRACTING PARTY GAVE THE PRINCIPAL EXCLUSIVE DISCRETION CONCERNING THE ACTION OF THE PRINCIPAL AND ITS AGENT?

Colleen L. Layton, et al. v. Howard County Board of Appeals, et al. - Case No. 116, September Term 2006.

ISSUE - ZONING - WHETHER A NEW ZONING LAW IS TO BE APPLIED RETROSPECTIVELY?

 

Granted December 11, 2006

Wallace Jerome Robey v. State of Maryland - Case No. 90, September Term 2006.

ISSUE - CRIMINAL LAW - WAS THE RESTITUTION IMPOSED EXCESSIVE?

Jeffrey Chaney v. State of Maryland - Case No. 91, September Term 2006.

ISSUE - CRIMINAL LAW - WAS RESTITUTION IMPROPER BECAUSE IT WAS NOT REQUESTED BY THE STATE AND WAS ALLEGEDLY UNSUPPORTED BU THE EVIDENCE?

Dennis Cunningham v. State of Maryland - Case No. 92, September Term 2006.

ISSUE - CRIMINAL LAW - WAS RESTITUTION IMPROPER BECAUSE IT WAS ALLEGEDLY UNSUPPORTED BY THE EVIDENCE AND WAS PAID TO A NON-VICTIM?

Fausto Ediburto Solorzano v. State of Maryland - Case No. 93, September Term 2006.

ISSUE - CRIMINAL LAW -WAS THE SENTENCE OF LIFE IMPRISONMENT WITH ALL BUT 50 YEARS SUSPENDED AN ILLEGAL SENTENCE?

Anson Miguel Edmund v. State of Maryland - Case No. 94, September Term 2006.

ISSUE - CRIMINAL LAW - MAY A PERSON BE CONVICTED OF ASSAULTING A JOHN DOE VICTIM?

Lamont Lewis v. State of Maryland - Case No. 95, September Term 2006.

ISSUE - CRIMINAL LAW - DID THE TRIAL COURT PROPERLY DENY THE MOTION TO SUPPRESS THE MARIJUANA?

In Re: Lakeshia M. - Case No. 96, September Term 2006.

ISSUE - JUVENILE COURTS - IN A JUVENILE DELINQUENCY PROCEEDING WAS THE JUVENILE ENTITLED TO HAVEA A COMPETENCY EVALUATION?

Thomas I. Weems, Jr. et al. v. County Commissioners of Calvert County - Case No. 97, September Term 2006.

ISSUE - EVIDENCE - DID THE TRIAL COURT PROPERLY DISREGARD THE OPINION OF AN EASEMENT AND DEEDS EXPERT?

Alice McNack, et al. v. State of Maryland, et al. - Case No. 98, September Term 2006.

ISSUE - CRIMINAL LAW - SHOULD MARYLAND RECOGNIZE THE STATE CREATED DANGER DOCTRINE?

Patterson Park Public Charter School, Inc. v. The Baltimore Teachers Union, American Federation of Teachers Local 340, AFL-CIO, et al. - Case No. 99, September Term 2006.

ISSUE - LABOR LAW - ARE UNIONS NECESSARY PARTIES TO A JUDICIAL PROCEEDINGG TO MODIFY COLLECTIVE BARGAINING AGREEMENTS?

 

Granted December 6, 2006

Garfield George Patterson v. State of Maryland - Case No. 83, September Term 2006. Petition and Cross-Petition granted.

ISSUE - CRIMINAL LAW - WAS A WARRANT ISSUED FOR THE SEARCH OF A MOTEL ROOM 34 DAYS AFTER DEFENDANT'S ARREST ON TRAFFIC CHARGES BASED ON PROBABLE CAUSE?

Department of Public Safety and Correctional Services v. John Donahue - Case No. 84, September Term 2006. Petition and Cross-Petition granted.

ISSUE - ADMINISTRATIVE LAW - IN AN EMPLOYEE DISCIPLINARY PROCEEDING WAS THE EMPLOYEE, UNDER STATE REGULATIONS, "UNAVAILABLE" TO MEET WITH SUPERIORS WHEN HE DID NOT RESPOND TO MANAGEMENT'S EFFORTS TO CONTACT HIM?

Betty Brown Casey, Trustee v. Mayor and City Council of Rockville - Case No. 85, September Term 2006.

ISSUE - MUNICIPALITIES - MAY THE MAYOR AND COUNCIL CONSIDER ECONOMIC FEASIBILITY AND FINANCIAL HARDSHIP WHEN REVIEWING PROPERTIES FOR HISTORIC DESIGNATION?

Derek Williamson v. State of Maryland - Case No. 86, September Term 2006.

ISSUE - CRIMINAL LAW - CAN POLICE OFFICERS WHO ARE ABOUT TO ENTER A HOME TO EXECUTE A SEARCH WARRANT DETAIN A PERSON LEAVING THE HOME?

Michael Hanna, Jr. et al. v. ARE Acquisitions, LLC - Case No. 87, September Term 2006. Petition granted and Cross-Petition denied.

ISSUE - TRESPASS - MAY A TRESPASS OCCUR WHEN AN ITEM WHICH INTRUDES UPON THE LAND DURING THE ALLEGED TRESPASSER'S LAWFUL POSSESSION REMAINS THERE AFTER THE ALLEGED TRESPASSER DEPARTS?

Motor Vehicle Administration v. Scott H. Shepard - Case No. 88, September Term 2006.

ISSUE - MOTORISTS - DID THE POLICE OFFICER WHO STOPPED THE MOTORIST HAVE REASONABLE GROUNDS TO REQUEST A CHEMICAL BREATH TEST?

Property & Casualty Insurance Guaranty Corporation of Maryland v. Frederick Memorial Hospital - Case No. 89, September Term 2006.

ISSUE - INSURANCE - WERE MALPRACTICE INSURANCE CLAIMS FILED BY THE INSURED HOSPITAL WITH THE INSOLVENT INSURER "COVERED CLAIMS" UNDER THE MARYLAND INSURANCE CODE?

 

Denied December 8, 2006

Barwick v. State - Pet. Docket No. 402
Bond v. Blum - Pet. Docket No. 401
Brown v. Employee's Retirement - Pet. Docket No. 382
Bryant, Anthony v. State - Pet. Docket No. 379
Cinder v. Bacon - Pet. Docket No. 369
Clever v. Dollar - Pet. Docket No. 396
Cole, Thomas H. v. State - Pet. Docket No. 404
Collier v. Social Services - Pet. Docket No. 381
Crutchfield, Perry L. v. State - Pet. Docket No. 389
Evely v. Smithfield - Pet. Docket No. 403
Feaster v. Green - Pet. Docket No. 399
Fleming v. Eastern Property - Pet. Docket No. 99
Fowlkes v State Farm - Pet. Docket No. 377
Haile, Tony L. Jr. v. State - Pet. Docket No. 411
Hoard, Ann S. P. v. State - Pet. Docket No. 391
In Re: Keenan P. - Pet. Docket No. 390
Jackson, Bion C. Sr. v. State - Pet. Docket No. 384
Myers, Ernest James v. State - Pet. Docket No. 378
Ong v. Client Protection Fund - Pet. Docket No. 398
Pisciotta v. Pisciotta - Pet. Docket No. 388
Reaching Hearts v. Prince George's County - Pet. Docket No. 392
Robinson, Anthony C. v. State - Pet. Docket No. 397
Robinson, Yusuf v. State - Pet. Docket No. 408
Saunders v. Fountainhead - Pet. Docket No. 387
Smith v. Peguese - Pet. Docket No. 370
State v. Broderick Campbell - Pet. Docket No. 380

 

Denied December 15, 2006

1000 Friends v. Ehrlich - Pet. Docket No. 444
Anasoh v. Calhoun - Pet. Docket No. 463
Bailiff v. Woolman - Pet. Docket No. 412
Bowser, Gene Robert v. State - Pet. Docket No. 445
Brooks v. Housing Authority - Pet. Docket No. 456
Brown, Anthony v. State - Pet. Docket No. 440
Clark, Deandre T. v. State - Pet. Docket No. 461
Curry v. Dept. of Labot - Pet. Docket No. 436
Echalar v. 9-11 Families - Pet. Docket No. 487
Elliott v. Board of Physicians - Pet. Docket No. 429
Faidley v. McDonald’s - Pet. Docket No. 449
Gillan v. Human Resources - Pet. Docket No. 420
Gumenyuk v. Campbell - Pet. Docket No. 277
Hammond v. Board of Vet Examiners - Pet. Docket No. 433
In Re: Christopher F. - Pet. Docket No. 443
Khera v. Mamsi - Pet. Docket No. 421
Koffley v. Koffley - Pet. Docket No. 425
Lane, George v. State - Pet. Docket No. 229
Leonard v. Leonard - Pet. Docket No. 446
Liberty v. Maroclo - Pet. Docket No. 428
Mahler v. Johns Hopkins - Pet. Docket No. 427
Miller, Robert Franklin v. State - Pet. Docket No. 618
Nash, Kelvin v. State -Pet. Docket No. 442
Nottingham v. Social Services - Pet. Docket No. 422
Nottingham-Alston v. Social Services - Pet. Docket No. 423
Obomighie, Kester v. State - Pet. Docket No. 455
Ofori, Michael J. v. State - Pet. Docket No. 419
Rivkin v. Chudson - Pet. Docket No. 450
Russell, Keith B. v. State - Pet. Docket No. 439
State v. Nakia Wiggins - Pet. Docket No. 414
Tinsley, Kevin Maurice v. State - Pet. Docket No. 457
Walker v. Grow - Pet. Docket No. 415
Ware, Darris Alaric v. State - Pet. Docket No. 417 and cross-petition

 

Denied December 18, 2006

Bean v. Dept. of Health - Pet. Docket No. 499
Bratt, Larry Daniel v. State - Pet. Docket No. 441
Catala, Ramon v. State - Pet. Docket No. 226
Davis v. Joseph - Pet. Docket No. 466
DeFilippi v. Keene - Pet. Docket No. 426
Desai v. Kline - Pet. Docket No. 324
Hurst, Richard David v. State - Pet. Docket No. 483
Jones, Anton D. v. State - Pet. Docket No. 478
Jones v. Whitehead - Pet. Docket No. 394
Kotapski v. Union Memorial - Pet. Docket No. 325
Phelan v. Willis - Pet. Docket No. 464
Phillips v. Hall - Pet. Docket No. 332
Pollard v. Berry - Pet. Docket No. 311
Rhone v. Mack Trucks - Pet. Docket No. 476
Roberts v. Creighton - Pet. Docket No. 479
Steinheim, Jeffrey Scott v. State - Pet. Docket No. 477
Warren, Andre v. State - Pet. Docket No. 482
Wait v. Griffin - Pet. Docket No. 498
Watson v. Marriott - Pet. Docket No. 465
Wilson, Garrett Eldred v. State - Pet. Docket No. 475 and cross-petition