Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2007

 

Granted September 12, 2007

Diamond Point Plaza Limited Partnership v. Wells Fargo Bank, N.A. - Case No. 58, September Term 2007.

ISSUE - REAL PROPERTY - WHAT EVIDENTIARY STANDARD APPLIES FOR OBTAINING A HEARING ON EXCEPTIONS TO THE RATIFICATION OF A MORTGAGE FORECLOSURE SALE?

Kent Sand and Gravel, LLC v. Jacksonville Machine and Repair, Inc. - Case No. 59, September Term 2007.

ISSUE - REAL PROPERTY - IS A DREDGE OF ANY OTHER EQUIPMENT DESIGNED TO BE USED IN VARIOUS LOCATIONS AND NOT AFFIXED TO REAL PROPERTY, SUBJECT TO A MECHANIC'S LIEN?

State of Maryland v. Christopher Overbee Westpoint - Case No. 60, September Term 2007. (petition and cross-petition).

ISSUE - CRIMINAL LAW - IS A PRIOR CONVICTION FOR A THIRD DEGREE SEXUAL OFFENSE ADMISSIBLE PURSUANT TO RULE 5-609 FOR PURPOSES OF IMPEACHMENT?

Luat D. Duckett v. Raenora Riley - Case No. 61, September Term 2007.

ISSUE - CIVIL PROCEDURE - MAY A PARTY BE REFUSED A CONSTITUTIONAL RIGHT TO A JURY TRIAL BECASUE THE PARTY FAILED TO COMPLY WITH THE RULES FOR A PROPER JURY TRIAL DEMAND?

Pulte Home Corporation v. Parex, Inc., et al. - Case No. 62, September Term 2007.

ISSUE - COMMERCIAL LAW - DID THE UNIFORM COMMERCIAL CODE (UCC) STATUTE OF LIMITATIONS APPLY TO AN INDEMNITY CLAIM ASSIGNED TO A HOME BUILDER AS PART OF A SETTELMENT AGREEMENT?

Motor Vehicle Corporation v. Lianne Marie Delawter - Case No. 63, September Term 2007.

ISSUE - ADMINSITRATIVE LAW - WAS THE ADMINISTRATIVE JUDGES REFERRAL TO THE MEDICAL ADVISORY BOARD OF A SUSPENDED MOTORIST IMPROPER BECAUSE THE MOTORIST HAD NO PRIOR NOTICE OF THE POSSIBLE REFERRAL?

Desmond Jerrod Smith v. State of Maryland - Case No. 64, September Term 2007.

ISSUE - CRIMINAL LAW - EVIDENCE - MAY A JURY CONSIDER THE UNSWORN OUT-OF-COURT STATEMENT OF A STATE'S WITNESS "JUST AS IS SHE HAD TESTIFIED AT TRIAL"?

Carl Eugene Jones, Jr. v. State of Maryland - Case No. 65, September Term 2007.

ISSUE - CRIMINAL LAW - MAY A DEFENDANT, BECAUSE OF THE GROWING COMPLEXITY OF A CASE, CHANGE HIS DECISION TO WAIVE COUNSEL AND REQUEST AN ATTORNEY ON THE DAY OF THE TRIAL?

Kazeem Adeshina Ishola v. State of Maryland - Case No. 66, September Term 2007.

ISSUE - CRIMINAL LAW - DOES THE OFFENSE OF KNOWINGLY AND WILLFULLY ASSUMING ANOTHER'S IDENTITY ENCOMPASS A PROSECUTION FOR THE ASSUMPTION OF A FICTITIOUS IDENTITY?

Jeffrey J. Opert v. Criminal Injuries Compensation Board - Case No. 67, September Term 2007.

ISSUE - CRIMINAL INJURIES COMPENSATION ACT - DID THE LOWER COURT ERR IN HOLDING THAT PETITIONER WAS NOT A VICTIM OF A CRIME AS CRIME IS DEFINED IN MD. CRIM. PROC. CODE ANN. SEC. 11-801?

Nova Research, Inc., et al. v. Penske Truck Leasing, LLP - Case No. 68, September Term 2007.

ISSUE - ATTORNEYS - ATTORNEYS FEES - WAS A PARTY ENTITLED TO ATTORNEY'S FEES UNDER THE "CONTRACT EXCEPTION" TO THE AMERICAN RULE REGARDING ATTORNEY'S FEES?

Minnie L. Stanley, et al. v. Hal Stanley - Case No. 69, September Term 2007. (petition and cross-petition).

ISSUE - FINANCIAL INSTITUTIONS - UNDER A MULTI-PARTY BANK ACCOUNT WHEN ONE PARTY DIES, WHAT ARE THE OWNERSHIP AND FUND WITHDRAWAL RIGHTS OF THE REMAINING PARTIES TO THE ACCOUNT?

Curtis Brown v. Maryland Department of Public Safety and Correctional Services - Case No. 70, September Term 2007.

ISSUE - ADMINISTRATIVE LAW - DID THE PRISONER EXHAUST ADMINISTRATIVE REMEDIES?

 

Denied September 14, 2007

Adams, Antoine E. v. State - Pet. Docket No. 230
Ashley v. Talley - Pet. Docket No. 33
Ayala, Marion v. State - Pet. Docket No. 218 (petition and cross-petition)
Bane v. Morrison - Pet. Docket No. 180
Bellot, Nigel v. State - Pet. Docket No. 240
Bert v. Comptroller - Pet. Docket No. 78 (motion for reconsideration)
Brown, Charles E. Jr. v. State - Pet. Docket No. 221
Carey, Denard v. State - Pet. Docket No. 266
Chambers, Cedric Alanda v. State - Pet. Docket No. 281
Cutler v. Walmart - Pet. Docket No. 272
Dodson v. Blanco - Pet. Docket No. 183
Dugan v. RLO - Pet. Docket No. 215
Fullard v. Warden - Pet. Docket No. 217
Gawlik v. Rapach - Pet. Docket No. 247
Gill v. Neuberger - Pet. Docket No. 209
Green v. Nassif - Pet. Docket No. 228
Green, Derrick v. State - Pet. Docket No. 242
Harms v. Learning Years - Pet. Docket No. 250
Hollendonner v. Clinton - Pet. Docket No. 239
Horner, Matthew v. State - Pet. Docket No. 245
In Re: Michael F. - Pet. Docket No. 214
In Re: Victoria S. - Pet. Docket No. 213
Jiang v. Kai Le - Pet. Docket No. 271
Johnson v. Pasadena Receivables - Pet. Docket No. 262
Johnson v. Hudson Insurance - Pet. Docket No. 131
Jones, Stacey Lee v. State - Pet. Docket No. 249
Latting, Nathan Larry Jr. v. State - Pet. Docket No. 223
Lowe v. Smith-Lowe - Pet. Docket No. 254
Martin-Korb v. Goldsmith - Pet. Docket No. 255
McClain, Emmanuel A. v. State - Pet. Docket No. 222
Needam v. Pasadena Recievables - Pet. Docket No. 264
Neff, Frank M. v. State - Pet. Docket No. 256
Okolo v. Slomin's - Pet. Docket No. 520 (motion for reconsideration)
Parker, Gary Leonard v. State - Pet. Docket No. 224
Pile, Edwin v. State - Pet. Docket No. 211
Pisciotta v. Pisciotta - Pet. Docket No. 388 (September Term 2006)(motion for reconsideration)
Proctor v. Proctor - Pet. Docket No. 233
Randall v. Peaco - Pet. Docket No. 274
Royal, Alquamaar v. State - Pet. Docket No. 232
Sabloff v. Jones - Pet. Docket No. 252
Scott, Adam Burk v. State - Pet. Docket No. 283
Smith v. MTA - Pet. Docket No. 227
State v. Guy D. Harris - Pet. Docket No. 141
Taylor, William v. State - Pet. Docket No. 268
Traverso, Jaime v. State - Pet. Docket No. 129 (motion for reconsideration)
Turner, Shahid v. State - Pet. Docket No. 225
Vernon, Ian Edmund v. State - Pet. Docket No. 267
Williams v. National City Loan - Pet. Docket No. 244
Wilson, Anthony Jerome v. State - Pet. Docket No. 277
Woodard, Walter R. v. State - Pet. Docket No. 251
Worsham v. Fairfield Resorts - Pet. Docket No. 298
Zenimax v. Weaver - Pet. Docket No. 219 (petition and cross-petition)