Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2006

 

Granted August 22, 2007

David Trail, et al. v. Terrapin Run, LLC, et al - Case No. 44, September Term 2007.

ISSUE - ZONING - MAY A BOARD OF APPEALS DERIVING ZONING AUTHORITY FROM ARTICLE 66b GRANT SPECIAL EXCEPTION IN THE ABSENCE OF AFFIRMATIVE FINDING THAT PROPOSED USE CONFORMS TO THE JURISDICTION'S COMPREHENSIVE PLAN?

Robert Leon Kelly, Jr. v. State of Maryland - Case No. 45, September Term 2007.

ISSUE - CRIMINAL LAW - DOES SINGLE LARCENY DOCTRINE REQUIRE CONSECUTIVE SENTENCES ON SEPARATE COUNTS OF FELONY THEFT MERGE WHERE STATE RELIES UPON DOCTRINE WITHIN EACH COUNT TO AGGREGATE THE VALUE OF ITEMS STOLEN FROM DIFFERENT PLACES AT DIFFERENT TIMES TO OBTAIN FELONY CONVICTION AND THERE ARE NOT SEPARATE SCHEMES?

Diane M. Figgins v. William Andrew Cochrane, Personal Representative of The Estate of Robert James Cochrane, Jr. - Case No. 46, September Term 2007.

ISSUE - ESTATES - DID LOWER COURT ERR IN REFUSING TO ADMIT STATE OF MIND TESTIMONY OF DECEDENT'S ESTATE COUNSEL THAT HE WAS INSTRUCTED BY DECEDENT TO PREPARE DEED TO CONVEY FAMILY HOME TO APPELLANT BECAUSE HIS LOAN TO GIVE THE APPELLANT EQUITY IN THE FAMILY HOME HAS BEEN TURNED DOWN?

Joseph Nathan Bellamy v. State of Maryland - Case No. 47, September Term 2007.

ISSUE - CRIMINAL LAW - DID THE LOWER COURT ERR IN PRECLUDING PETITIONER FROM INTRODUCING THE STATEMENT IN SUPPORT OF HIS DEFENSE THAT THE OTHER INDIVIDUAL COMMITTED THE MURDER WHERE, IN SUPPORT OF DEFENDANT'S GUILTY PLEA, THE STATE OFFERED STATEMENT BY DEFENDANT WHICH IMPLICATED ANOTHER INDIVIDUAL IN THE MURDER WITH WHICH PETITIONER WAS CHARGED AND WHICH THE STATE CHARACTERIZED AS "THE TRUTH" AND "WHAT PRECISELY HAPPENED AT CRIME SCENE"?

MBC Realty, LLC, et al. v. Mayor and City Council of Baltimore, et al. - Case No. 48, September Term 2007.

ISSUES - ZONING - (1) DID THE LOWER COURT ERR WHEN IT RULED THAT ARTICLE 66B, SEC. 209(a) OF THE MARYLAND CODE PROVIDES EXCLUSIVE REMEDY AND SOURCE OF SUBJECT MATTER JURISDICTION FOR LEGAL CHALLENGES TO ZONING ORDINANCES SO PETITION MAY NOT PROCEED WITH REQUEST FOR DECLARATORY RELIEF CHALLENGING THE ENACTMENT OF CONDITIONAL USE TEXT AMENDMENT AUTHORIZING APPROVAL FOR BILLBOARDS ON THE BALTIMORE ARENA? (2) DOES THE TRIAL COURT, ON REMAND, HAVE NECESSARY JURISDICTION TO HEAR CHALLENGE TO VALIDITY OF ORDINANCE 03-514 DURING JUDICIAL REVIEW PROCEEDING CHALLENGING ORDINANCE 03-515?

The Johns Hopkins Hospital, et al. v. Jane E. S. Correia, et ux. - Case No. 49, September Term 2007.

ISSUE - WHETHER THE LOWER COURT ERRED AS A MATTER OF LAW WHEN IT AFFIRMED TRIAL COURT'S DECISION TO INSTRUCT THE JURY THAT THE ELEVATOR OWNER OWED THE ELEVATOR PASSENGER "THE HIGHEST DEGREE OF CARE AND SKILL AND DILIGENCE, PRACTICABLE UNDER CIRCUMSTANCES TO GUARD AGAINST INJURY"?

Richard Atta Poku v. Alvin E. Friedman, et al. - Case No. 50, September Term 2007.

ISSUES - REAL PROPERTY - (1) WHETHER HOMEOWNER MAY BE DENIED THE RIGHT TO APPEAL WHEN HOMEOWNER HAS MADE EVERY EFFORT TO OBTAIN A STAY PENDING APPEAL BUT THE REQUESTS ARE SUMMARILY DENIED? (2) WHETHER LOSS OF REAL PROPERTY RENDER HOMEOWNER'S APPEAL CHALLENGING LOWER COURT'S RATIFICATION OF A FORECLOSURE MOOT WHEN THE UNREVIEWED RULING BY A LOWER COURT MAY BE USED DEFENSIVELY AS BASIS FOR COLLATERAL ESTOPPEL OR RES JUDICATA DEFENSE? (3) WHETHER HOME CAN BE FORECLOSED WHEN LENDER HAD EXCLUSIVE CONTROL AND POSSESSION OF THE FUNDS TO PAY OFF LIEN?

In Re: Mamrtique J. - Case No. 51, September Term 2007.

ISSUE - CRIMINAL LAW - IS A CLAIM OF PERFECT SELF-DEFENSE STILL AVAILABLE IN MARYLAND TO ONE WHO USES NON-DEADLY FORCE TO DEFEND AGAINST IMMEDIATE AND IMMINENT DANGER OF BODILY HARM?

Andrew A. Smigelski d/b/a Columbia Roofing and Home Improvement v. Potomac Insurance Company of Illinois - Case No. 52, September Term 2007.

ISSUE - WORKERS' COMPENSATION - WHEN WORKERS' COMPENSATION INSURANCE POLICY EXPRESSLY PROVIDES FOR CERTAIN COVERAGE IN STATES IN ADDITION TO PRIMARY STATE IN WHICH POLICY WAS ISSUED, IS THE SCOPE OF COVERAGE IN THOSE OTHER STATES RESTRICTED TO BENEFITS THAT WOULD HAVE BEEN PAYABLE BY INSURER HAD THE INJURED WORKERS' CLAIM BEEN FILED IN PRIMARY STATE?

Donna Silbersack, Personal Representative of the Estate of Dominic Casino, et al. v. Acands, et al. - Case No. 53, September Term 2007.

ISSUE - WOULD EXERCISE OF APPELLATE JURISDICTION TO REVIEW AN INTERLOCUTORY ORDER OF THE LOWEST COURT DENYING MOTION FOR ENTRY OF FINAL JUDGMENT UNDER MD. RULE 2-602(a) AND/OR 2-602(b) EXCEED AUTHORITY GRANTED BY MARYLAND CONSTITUTION?

Prince George's County, Maryland, et al. v. Dimensions Health Corporation - Case No. 54, September Term 2007.

ISSUES - IS A PRIVATE CORPORATION BASED ON ORAL DISCUSSIONS WITH COUNTY EXECUTIVE OF A CHARTER COUNTY ENTITLED TO RECOVERY UNDER CAUSES OF ACTIONS IN PROMISSORY AND/OR EQUITABLE ESTOPPEL, FOR DISBURSEMENT OF EMERGENCY APPROPRIATIONS AS AMENDMENT TO FISCAL YEAR BUDGET?

Kenneth Martin Stachowski v. State of Maryland - Case No. 55, September Term 2007.

ISSUE - CRIMINAL LAW - DID THE TRIAL COURT, AFTER FINDING PETITIONER IN VIOLATION OF PROBATION IN THREE CASES, ERR IN ORDERING RESTITUTION TO THREE VICTIMS AS CONDITION OF PROBATION IN FOURTH UNRELATED CASE WHICH NO RESTITUTION WAS DUE?

Afaf Nassar Khalifa, et al. v. Michael Shannon - Case No. 56, September Term 2007.

ISSUES - FAMILY LAW - (1) DID TRIAL COURT ERR WHEN IT DENIED THE DEFENDANT'S MOTIOJN TO DISMISS COUNT ONE OF THE COMPLAINT BY RECOGNIZING THE TORT OF INTERFERENCE WITH CUSTODY AND VISITATION RIGHTS OF THE CHILDREN? (2) DID TRIAL COURT COMMIT REVERSIBLE ERROR WHEN IT DENIED DEFENDANT'S MOTION TO DISMISS COUNT TWO OF COMPLAINT BY RECOGNIZING TORT OF CIVIL CONSPIRACY? (3) DID TRIAL COURT COMMIT REVERSIBLE ERROR WHEN IT DENIED DEFENDANT'S MOTION FOR NEW TRIAL WHERE THE PUNITIVE DAMAGES AWARDED BY JURY WERE GROSSLY EXCESSIVE AND THERE WAS NO EVIDENCE ON RECORD OF DEFENDANT'S ABILITY TO PAY?

Sandra S. Elderkin, et al. v. Douglas G. Carroll, III - Case No. 57, September Term 2007.

ISSUE - CONTRACTS - DOES MARYLAND LAW REQUIRE TIMELY EXERCISE OF AN OPTION IN STRICT ACCORD WITH ITS TERMS?

 

Denied August 24, 2007

104 W. Washington St. v. Hagerstown - Pet. Docket No. 136*
Anderson, Antwan v. State - Pet. Docket No. 198*
Barsh v. Central Collection - Pet. Docket No. 93*
Bland v. Hammond - Pet. Docket No. 258*
Community Clinic v. Dept. of Health - Pet. Docket No. 139*
Cornfield v. Board of Physicians - Pet. Docket No. 178*
Crowffey, Vernon Edward Jr. v. State - Pet. Docket No. 164*
Day v. Howard County Education - Pet. Docket No. 172*
Deneselya v. McHugh - Pet. Docket No. 158*
Dent, Gerald v. State - Pet. Docket No. 152*
Dept. of Health v. Wargo - Pet. Docket No. 173*
Dow v. Commissioner of Labor - Pet. Docket No. 146*
Duke v. Board of Physicians - Pet. Docket No. 165*
Edlavitch v. Insurance Commissioner - Pet. Docket No. 159*
Evans, Willie v. State - Pet. Docket No. 193*
Fagan, William Robert Sr. v. State - Pet. Docket No. 156*
Gaskins, Leon Keith v. State - Pet. Docket No. 600
Grissom, Darrius v. State - Pet. Docket No. 161*
Halliday v. Shore Pool - Pet. Docket No. 177*
Hamlett, Barry Lee v. State - Pet. Docket No. 195*
Harmon, Derrick v. State - Pet. Docket No. 184*
Hatte v. Marshall - Pet. Docket No. 105*
Higgins, Gregory Tavon v. State - Pet. Docket No. 107*
Honsberger v. Great Seneca - Pet. Docket No. 147*
Hornsberger, Richard L. v. State - Pet. Docket No. 137*
Hutson v. Six Flags - Pet. Docket No. 196*
Jackson, Clifford Jr. v. State - Pet. Docket No. 179*
Jordan, Anthony v. State - Pet. Docket No. 16*
Ketterman, Michael E. v. State - Pet. Docket No. 202 *
K.T.N. v. Beauty 4 U - Pet. Docket No. 201*
Ladd v. Ladd - Pet. Docket No. 200*
Lambert, Gregory Daniel v. State - Pet. Docket No. 186*
Lane, Raashan Vontress v. State - Pet. Docket No. 194*
Leager, William Edward v. State - Pet. Docket No. 599
Malhotra v. Malhotra - Pet. Docket No. 229*
Martin, Shymaund Lewrvid v. State - Pet. Docket No. 589
McClung, Virgil Ira Jr. v. State - Pet. Docket No. 187*
Millenium Health v. Montgomery County - Pet. Docket No. 171*
Molinaro, Dana Anthony v. State - Pet. Docket No. 162*
Muhammed v. Howie - Pet. Docket No. 648
Phillips v. Hall - Pet. Docket No. 143*
Pickeral v. Jackson - Pet. Docket No. 166*
Pisciotta v. Pisciotta - Pet. Docket No. 388*
Pope v. Hanna - Pet. Docket No. 124*
Rankin, Donald E. v. State - Pet. Docket No. 181 *
Reeves v. LaSalle Bank - Pet. Docket No. 268*
Rosendale v. MVA - Pet. Docket No. 70*
Segreti v. Wilder - Pet. Docket No. 142*
Spicer, Unique Ontee v. State - Pet. Docket No. 631
Stauffer v. MVA - Pet. Docket No. 150*
Vince, Andre v. State - Pet. Docket No. 118 *
Ward, Michael Lewis v. State - Pet. Docket No. 598
Wharton v. Middledorf - Pet. Docket No. 148*
Williams, Dion v. State - Pet. Docket No. 205*
Williams v. Johnson - Pet. Docket No. 154*
Wilson v. Bowman - Pet. Docket No. 263*
Wilson, Mario McLorren v. State - Pet. Docket No. 189*
Worsham v. Integrated Credit - Pet. Docket No. 157*
Wright, Charles Cedric v. State - Pet. Docket No. 174*



* September Term 2007