Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2006

 

Granted June 13, 2007

Ramiro Silba Alavez v. Motor Vehicle Administration - Case No. 28, September Term 2007.

ISSUE - MVA - DID THE ADMINISTRATIVE JUDGE CORRECTLY UPHOLD MVA'S REFUSAL OF AN APPLICATION FOR A DRIVER'S LICENSE WHERE APPLICANT IS INELIGIBLE UNDER TRANSPORATION ART. SEC. 16-103.1(1) BECAUSE HIS DRIVER'S PRIVILEGE IS SUSPENDED IN ANOTHER STATE?

Stuart P. White, et al. v. The Pines Community Improvement Assocation, Inc., et al. - Case No. 29, September Term 2007. (Petitions and cross-petition both granted).

ISSUES - RIPARIAN RIGHTS STATUTE - EASEMENTS (1) WAS THE COURT CORRECT IN REJECTING THE PRINCIPLE THAT AN OUSTER COULD CHANGE USE FROM PERMISSIVE TO ADVERSE THUS ALLOWING ADVERSE POSSESSION OR PRESCRIPTIVE EASEMENT TO ARISE 20 YEARS AFTER OUSTER? (2) WHEN EASEMENT TO THE WATER GRANTS EASEMENT HOLDER RIGHT TO BUILD PIER, IS OWNERSHIP OF PIER VESTED IN EASEMENT HOLDER BY SEVERANCE OF RIPARIAN RIGHTS UNDER EASEMENT OR THE LAND OWNER BY MD. CODE, EVIRONMENT ART. SECTION 16-201?

Knox, Derrik Irwin v. State - Case No. 30, September Term 2007.

ISSUE - CRIMINAL LAW - DID THE COURT ERR IN CONCLUDING THE RULE 4-215'S REQUIREMENT THAT ACCUSED BE ADVISED OF "THE ALLOWABLE PENALTIES, INCLUDING MANDATORY PENALTIES, IF ANY", DOES NOT CONTEMPLATE ALLOWABLE AND MANDATORY PENALTIES FOR SUBSEQUENT OFFENDERS?

Cindi Renee Katherine Rush v. State of Maryland - Case No. 31, September Term 2007. (Petition and cross-petition both granted).

ISSUE - CRIMINAL LAW - MIRANDA - WHEN INTERROGATING DETECTIVE'S MODIFICATION OF MIRANDA WARNINGS TO SUGGEST THAT DEFENDANT WOULD BE APPOINTED COUNSEL "AT SOME TIME" IMPROPERLY IMPLIED THAT DEFENDANT COULD NOT HAVE APPOINTED COUNSEL DURING INTERROGATION?

Bruce C. Bereano v. Maryland State Ethics Commission - Case No. 32, September Term 2007.

ISSUE - MARYLAND STATE ETHICS LAW - WHETHER ENFORCEMENT OF MD STATE ETHICS LAWS MAY BE APPLIED RETROCATIVELY TO AN AGREEMENT WHICH WAS EXECUTED TWO MONTHS BEFORE THE STATUTE WAS ENACTED?

R&D 2001, LLC, et al. v. Douglas S. Rice, et al. - Case No. 33, September Term 2007.

ISSUE - DID THE COURT ERR IN ITS INTERPRETATION AND APPLICATIONOF VA. CODE ANN. SEC. 8.01-35.1 AND 8.01-443 THEREBY EXTINGUISHING FOREIGN JUDGMENT ENROLLED AGAINST THE APPELLEE?

Edgar A. Bowen, Jr., et al. v. City of Annapolis - Case No. 34, September Term 2007.

ISSUE - IS RETIREE ENTITLED TO HAVE PENSION INCREASED BY SAME PERCENTAGE AS PAY SCALE INCREASES GRANTED TO ACTIVE MEMBERS OF POLICE AND FIRE DEPARTMENTS WHO HAD SAME RANK AND YEARS OF SERVICE AS RETIREE?

Robert W. Foley, Jr., et al. v. K. Hovnanian at Kent Island, LLC. - Case No. 35, September Term 2007.

ISSUE - NATURAL RESOURCES ARTICLE - CHESAPEAKE BAY CRITICAL AREA ACT - WHAT IS LEGAL EFFECT OF AN ORDINANCE ENACTED TO CREATE NEW CRITICAL AREA DISTRICTS WHEN ORDINANCE CONTAINS NO INFORMATION ABOUT LOCATION OF NEW DISTRICT BOUNDARIES?

Scott Matthew McCullough v. State - Case No. 36, September Term 2007.

ISSUE - CIVIL LAW - WHETHER DISMISSAL OF APPEAL FROM DENIAL OF MOTION FOR RETURN OF BAIL WAS IN ERROR?

Olde Severna Park Imporvement Association, Inc., et al. v. Paul Gunby, Jr., et al. - Case No. 37, September Term 2007.

ISSUE - REAL PROPERTY - RIPARIAN RIGHTS - IN DETERMINING THE INTENT AND MEANING OF A 1931 PLAT WITH REGARD TO RIPARIAN RIGHTS, IS IT APPROPRIATE FOR A COURT TO APPLY LEGAL CONTECT DEVELOPED BY AN APPELLATE DECISION NEARLY SEVENTY YEARS AFTER 1931?

State of Maryland v. Raymond Leon Adams - Case No. 38, September Term 2007.

ISSUE - CRIMINAL LAW - WHERE CONSIDERATION, IN POST CONVICTION, OF COMPLAINTS WHICH WERE NOT RAISED ON DIRECT APPEAL, HAS RESPONDENT WAIVED HIS CHALLENGE TO THE ADVISORY NATURE OF JURY INSTRUCTIONS GIVEN IN CASE?

 

Granted June 6, 2007

Chester Harris v. State of Maryland - Case No. 21, September Term 2007. (Petition and Cross-Petition both granted).

ISSUES - CRIMINAL LAW - (1) WAS IT ERROR FOR A COURT TO RESTRICT THE DEFENSE CLOSING ARGUMENT BY PREVENTING ARGUMENT ON PROBLEMS WITH EYEWITNESS IDENTIFICATION? (2) WAS IT ERROR OF A COURT NOT TO ADMINISTER OATH TO THE JURY?

Desmond Ellison Dickey v. State of Maryland - Case No. 23, September Term 2007. (Petition and Cross-Petition both granted).

ISSUE - CRIMINAL LAW - WAS THE COURT'S REFUSAL TO GIVE A REQUESTED JURY INSTRUCTION ON EVALUATING THE TESTIMONY OF A WITNESS WHO USES OR IS ADDICTED TO DRUGS HARLESS BEYOND A REASONABLE DOUBT.

Charles Hudson v. Housing Authority of the City of Baltimore - Case No. 24, September Term 2007.

ISSUE - REAL PROPERTY - WHETHER PRETRIAL DISCOVERY IS ALLOWED IN DISTRICT COURT IN BREACH OF LEASE ACTIONS?

Mark Anderson, et al. v. General Casualty Insurance Company f/k/a Southern Guaranty Insurance Company, et al. - Case No. 25, September Term 2007.

ISSUE - INSURANCE - DOES NOTICE TO THE INSURANCE AGENT COMPLY WITH THE NOTICE REQUIREMENTS OF SEC. 27-601 OF THE MD. CODE ANN., WHEN STATUTE SPECIFICALLY REQUIRES NOTICE TO THE INSURED OF A PROPOSED CANCELLATION?

Marcellas McLong v. Sharon Oliver - Case No. 26, September Term 2007.

ISSUE - CONTEMPT - MAY A COURT, IN A SUPPORT-ENFORCEMENT ACTION, CONDITION A CIVIL CONTEMNOR'S RELEASE FROM INCARCERATION ON THE OBTENTION OF A GED CERTIFICATE?

In Re: Kevin E. - Case No. 27, September Term 2007.

ISSUE - JUVENILE - WAS A SECOND ADJUDICATION OF A JUVENILE PETITION OF DELINQUENCY BARRED BY DOUBLE JEOPARDY PRINCIPLES WHEN FIRST ADJUDICATION THE STATE WAS DENIED A POSTPONEMENT, RESTED AFTER PUTTING ON NO EVIDENCE, THE COURT RECOMMENDED THE PETITION BE DISMISSED?

 

Denied June 15, 2007

Bane v. Morrison - Pet. Docket No. 83*
Barsh v. Central Collection - Pet. Docket No. 93*
Bernstein v. Bernstein - Pet. Docket No. 111*
Bonds, Damien Xavier v. State - Pet. Docket No. 86*
Branch-Rey, Alphonso v. state - Pet. Docket No. 85*
Brittingham v. Insurance Repair - Pet. Docket No. 123*
Brown v. Giant - Pet. Docket No. 125*
Drefs v. Property Owners - Pet. Docket No. 106*
El-Amin v. Goldman - Pet. Docket No. 563
Goldman v. Haebler - Pet. Docket No. 100*
Hansen, John Harold III v. State - Pet. Docket No. 535
Harris, Guy D. v. State - Pet. Docket No. 7*
Harris v. Norris - Pet. Docket No. 102*
Hlass, David Richard v. State - Pet. Docket No. 34*
Holder, Wayne Ishmael v. State - Pet. Docket No. 128*
In Re: Adoption of Shameirra S. - Pet. Docket No. 104* and cross-petition
In Re: Uriah W. - Pet. Docket No. 109*
Johnson v. Smith - Pet. Docket No. 97*
Jones, Tyrone v. State - Pet. Docket No. 113*
Kunzer v. Wheaton Towne - Pet. Docket No. 135*
Marshall, Tjane v. State - Pet. Docket No. 112*
Martin v. Washington County - Pet. Docket No. 32*
Miller v. Martin - Pet. Docket No. 126*
Montgomery Investigative v. Horne - Pet. Docket No. 94*
Murray, Roderick Tomar v. State - Pet. Docket No. 92*
Palmer, Oone Mayne v. State - Pet. Docket No. 127*
Phillips v. Hall - Pet. Docket No. 143*
Pope v. Hanna - Pet. Docket No. 124*
Quinones v. Prince George's County - Pet. Docket No. 121*
Robinson v. Prince George's County - Pet. Docket No. 120*
Rodeheaver, Shelley v. State - Pet. Docket No. 91*
Schuger v. Heritage Mazda - Pet. Docket No. 116*
Sirleaf v. Allstate - Pet. Docket No. 84*
Spencer v. Outdoor Adventure - Pet. Docket No. 108*
State v. Pinnock - Pet. Docket No. 101*
Traverso, Jaime v. State - Pet. Docket No. 129*
Volkmer, Christopher Robert v. State - Pet. Docket No. 115*
Whitaker, Anthony Eugene v. State - Pet. Docket No. 564
Wiggins v. Baltimore - Pet. Docket No. 132*
Yourik v. Mallonee - Pet. Docket No. 114 *



* September Term 2007

 

Denied June 8, 2007

Allen v. Bush - Pet. Docket No. 395
Alston, Curtis Wendell v. State - Pet. Docket No. 42*
Bert v. Comptroller - Pet. Docket No. 78 *
Bradley v. Dorsey - Pet. Docket No. 45*
Butcher, Edward v. State - Pet. Docket No. 489
Butler, Robert v. State - Pet. Docket No. 59*
Cheek v. United Healthcare - Pet. Docket No. 63*
Chester v. Board of Education - Pet. Docket No. 62*
Crosby, Tonya Lolita v. State - Pet. Docket No. 61* and cross-petition
Davis v. Prince George's County - Pet. Docket No. 55*
DGC v. Hanna - Pet. Docket No. 56*
Dewitt, Tony v. State - Pet. Docket No. 49 *
Fields, Darnell v. State - Pet. Docket No. 40*
Forte v. Forte - Pet. Docket No. 66*
Gallagher, Robin Kay v. State - Pet. Docket No. 57* and cross-petition
Ignatenko v. Fanning - Pet. Docket No. 67*
In Re: Adoption of Tristynn F. - Pet. Docket No. 10*
In Re: Michael H. - Pet. Docket No. 72*
In Re: Tyrese H. - Pet. Docket No. 95*
Jackson, Elvin Ray v. State - Pet. Docket No. 43*
Jones v. Robinson - Pet. Docket No. 14*
Jones v. Jones - Pet. Docket No. 77*
Keating v. Lowden - Pet. Docket No. 559
Kerpelman v. Baltimore - Pet. Docket No. 634
King v. Dept. of Health - Pet. Docket No. 12*
Lenox v. Lenox - Pet. Docket No. 82*
Levrone v. Ditman - Pet. Docket No. 52*
Nazarian v. Henry's Wrecker - Pet. Docket No. 651
Nesbit, Rodney Sr. v. State - Pet. Docket No. 467
Oliver, Ronald Morese v. State - Pet. Docket No. 76*
Ong, Lye H. v. State - Pet. Docket No. 41*
Parker-El, Lloyd Thomas v. State - Pet. Docket No. 75*
Peterson v. Dorsey - Pet. Docket No. 44*
Raimondi, Christopher P. v. State - Pet. Docket No. 51*
Reaching Hearts v. Prince George's County - Pet. Docket No. 68*
Riley, Ronnie v. State - Pet. Docket No. 50*
Serabian v. Rose - Pet. Docket No. 81*
Sims, Luis A. v. State - Pet. Docket No. 65*
Stark, Robert Lee v. State - Pet. Docket No. 60*
State v. Jacqueline Mae Garnett - Pet. Docket No. 39*
State v. Sergey Lebedev - Pet. Docket No. 47*
T-Mobile v. Dept. of Finance - Pet. Docket No. 79*
Taylor, Eugene J. v. State - Pet. Docket No. 53*
Thompson, William D. v. State - Pet. Docket No. 73*
Trice, Kenneth Lee Jr. v. State - Pet. Docket No. 54*
Vo v. Meang - Pet. Docket No. 64 *
Williams, James v. State - Pet. Docket No. 496*



*September Term, 2007