Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2007

 

Denied December 31, 2007

State of Maryland, ex rel.. Mary Monahan, Chief Clerk of the House of Delegates, in her Official Capacity, et al. v. Michael Smigiel, Sr., et al. - Pet. Docket No. 507

 

Granted December 17, 2007

Kevin T. Ford, et al v. Kenneth P. Narain - Case No. 115, September Term 2007.

ISSUE - CIVIL PROCEDURE - WAS THE ORDER OF THE CIRCUIT COURT DENYING A MOTION TO STAY EXECUTION OF JUDGMENT AND REQUIRING A SUPERSEDEAS BOND IN THE AMOUNT OF $27,000 PROPER?

 

Granted December 13, 2007

Comptroller of the Treasury v. Science Applications International Corporation - Case No. 101, September Term 2007.

ISSUE - TAXATION - MAY THE COMPTROLLER REFUSE TO PAY INTEREST ON A REFUND THAT RESULTED FROM THE TAXPAYER'S OWN ERROR CONCERNING ITS TAX LIABILITY?


In Re: Cesar P. a/k/a Cesar G. -
Case No. 102, September Term 2007.

ISSUE - JUVENILE LAW - DID THE JUVENILE COURT ERR IN ADOPTING THE MASTER'S RECOMMENDATION OF RESTITUTION THE SAME DAY AS THE RESTITUTION HEARING BEFORE THE MASTER?

Washington Suburban Sanitary Commission, et al. v. Colleen Bowen, et al. - Case No. 103, September Term 2007.

ISSUE - ADMINISTRATIVE LAW - DOES LEGISLATIVE IMMUNITY APPLY TO THE COMMISSION'S ABOLITION OF MERIT POSITIONS THROUGH LEGISLATIVE BUDGET REVIEW PRACTICE?

State of Maryland v. Frederick Roscoe Coates - Case No. 104, September Term 2007.

ISSUE - CRIMINAL LAW - DID A CHILD ABUSE VICTIM'S STATEMENTS TO A NURSE PRACTITIONER FALL WITHIN THE HEARSAY EXCEPTION FOR STATEMENTS MADE FOR THE PURPOSE OF MEDICAL TREATMENT OR DIAGNOSIS?

VNA Hospice of Maryland v. Department of Health and Hygiene - Case No. 105, September Term 2007.

ISSUE - CONSTITUTIONAL LAW - IS A STATE STATUTE REVOKING A HOME-BASED HOSPICE LICENSE UNCONSTITUTIONAL?

Calvin Hoffeld v. Shepherd Electric Co., Inc. - Case No. 106, September Term 2007.

ISSUE - EMPLOYMENT - MAY AN EMPLOYER FORFEIT A COMMISSION EARNED BY AN EMPLOYEE PRIOR TO THE EMPLOYEE'S TERMINATION BUT WITH THE COMMISSION NOT CALCULATED UNTIL AFTER TERMINATION?

In Re: Marcus J. - Case No. 107, September Term 2007.

ISSUE - JUVENILE LAW - DID THE JUVENILE FAIL TO COMPLY WITH THE SPECIFICITY REQUIREMENTS OF RULE 11-111 AND SECTION 3-807(c) OF THE COURTS ARTICLE AND THE POLICY IMPLEMENTING THOSE PROVISIONS?

Irfan Aleem v. Farah Aleem - Case No. 108, September Term 2007.

ISSUE - FAMILY LAW - DID MARYLAND PROPERLY AWARD TO THE WIFE A MARITAL SHARE OF THE HUSBAND'S PENSION AND THEREBY PROPERLY REFUSE TO APPLY THE LAW OF PAKISTAN WHICH DOES NOT ALLOW FOR DIVISION OF THE HUSBAND'S PENSION?

Patrick T. Hand, Successor Guardian of the Property of Clifton D. Smith - Case No. 109, September Term 2007.

ISSUE - COMMERCIAL LAW - DOES THE DEFENSE OF LACK OF LEGAL CAPACITY TO THE CLAIM OF A HOLDER IN DUE COURSE RELATE ONLY TO AN INDIVIDUAL'S MENTAL STATE?

Maryland State Board of Physicians v. Harold I. Eist - Case No. 110, September Term 2007.

ISSUE - HEALTH OCCUPATIONS - MAY A PHYSICIAN, INVOKING A PATIENT'S CONSTITUTIONAL RIGHT TO PRIVACY, REFUSE TO DISCLOSE TO THE BOARD A PATIENT'S MENTAL HEALTH RECORDS?

AT&T Communications of Maryland, Inc. v. Comptroller of the Treasury - Case No. 111, September Term 2007.

ISSUE - TAXATION - DOES THE CONSITUTION PERMIT AND MARYLAND LAW REQUIRE A SALES TAX ON 900-NUMBER TELEPHONE CALLS?

Thomas L. Clancy, Jr. v. Wanda T. King - Case No. 112, September Term 2007.

ISSUE - CONTRACTS - DID PRINCIPLES OF CONTRACT LAW PREEMPT PARTNERSHIP DUTIES PURPORTEDLY BREACHED WHEN APPELLANT WITHDREW USE OF HIS NAME FROM THE OP-CENTER JOINT VENTURE?

Ronald Eugene Johnson v. State of Maryland - Case No. 113, September Term 2007.

ISSUE - CRIMINAL LAW - IS EVIDENCE OF A DRUG SNIFFING DOG'S ALERT TO CURRENCY ADMISSIBLE IN A CRIMINAL PROSECUTION?

 

Granted December 12, 2007

In Re: Adoption/Guardianship of Lamont J. - Case No. 100, Sept. Term 2007.

 

Granted December 10, 2007

Jean Ramdoo v. State of Maryland - Case No. 83, September Term 2007.

Shirley Whited v. Kkevin Whited - Case No. 84, September Term 2007

 

Granted December 5, 2007

Union United Methodist Church, Inc. v. Robert M. Burton, et al. - Case No. 85, September Term 2007.

ISSUE - DECLARATORY JUDGMENTS - DOES MARYLAND'S DECLARATORY JUDGMENT ACT REQUIRE THAT THE TRIAL JUDGE'S TRANSCRIBED OPINION BE ATTACHED TO THE DECLARATORY JUDGMENT ORDER ISSUED TO THE PARTIES?

Steven Stubbs v. State of Maryland - Case No. 86, September Term 2007.

ISSUE - CRIMINAL LAW - MAY A DEFENDANT BE CONVICTED AND SENTENCED FOR STATUTORY THEFT UNDER $500.00 WHEN THE VALUE OF THE STOLEN PROPERTY WAS UNDER $100.00 UNDER A SEPARATE STATUTE?

Sharden Busie Hoile v. State of Maryland - Case No. 87, September Term 2007. (Petition and cross-petition)

ISSUE - CRIMINAL LAW - WAS THE DEFENDANT'S SENTENCE ILLEGALLY INCREASED WHEN THE TRIAL JUDGE VACATED THE SENTENCE OF PROBATION AND REIMPOSED A SENTENCE OF INCARCERATION?

Renee Kennedy, next friend, et al. v. Lasting Paints, Inc., et al. - Case No. 88, September Term 2007.

ISSUE - CIVIL PROCEDURE - ARE ALL THE JUDGMENTS RESOLVING CLAIMS AGAINST ALL DEFENDANTS OTHER THAN THE SEVERED BANKRUPT DEFENDANTS FINAL APPEALABLE JUDGMENTS?

Neil Morano Montgomery v. State of Maryland - Case No. 89, September Term 2007.

ISSUE - CRIMINAL LAW - DOES A "SPRINGING SENTENCE" VIOLATE MARYLAND LAW?

Donovan Strickland v. State of Maryland - Case No. 90, September Term 2007.

ISSUE - CRIMINAL LAW - DID THE TRIAL JUDGE ERR IN CONDUCTING HIS OWN EX PARTE INVESTIGATION CONCERNING THE PLEA AGREEMENT AND THEN REFUSING TO RECUSE HIMSELF WHEN HE BECAME A FACT WITNESS?

Francis Eugene Wilson, Jr. v. State of Maryland - Case No. 91, September Term 2007. (Petition and cross-petition).

ISSUE - CRIMINAL LAW - DID THE POLICE OFFICER VIOLATE THE DEFENDANT'S FOURTH AMENDMENT RIGHT AGAINST UNREASONABLE SEIZURE?

Appleton Regional Community Alliance, et al. v. The County Commissioners of Cecil County - Case No. 92, September Term 2006.

ISSUE - ADMINISTRATIVE LAW 0 IS A VOICE VOTE WITHOUT DISCUSSION OR A WRITTEN DECISION BY THE COMMISSIONERS TO AMEND THE MASTER WATER AND SEWER PLAN A FINAL DECISION SUBJECT TO JUDICIAL REVIEW?

MRA Property Management, Inc. et al. v. Susan Armstrong, et al. - Case No. 93, September Term 2007.

ISSUE - MAYLAND CONSUMER PROTECTION ACT (ACT) - DOES THE ACT APPLY TO REPRESENTATIONS MADE TO POTENTIAL PURCHASERS OF CONDOMINIUM UNITS IN THE SALE OF UNITS?

State of Maryland v. Mahumu D. Kanneh - Case No. 94, September Term 2007.

ISSUE - CRIMINAL LAW - WAS THE DEFENDANT'S RIGHT TO A SPEEDY TRIAL VIOLATED?

Margaret Virginia Janusz v. Francis Peter Gilliam - Case No. 95, September Term 2007.

ISSUE - CONTRACTS - UNDER A PROPERTY SETTLEMENT AGREEMENT SHOULD A PARTY BE REIMBURSED THE CONSIDERATION SHE GAVE UNDER THE AGREEMENT WHEN THE OTHER PARTY IS EXCUSED FROM PERFORMANCE?

Wilson Diaz v. Christopher Ray Shields - Case No. 96, September Term 2007.

ISSUE - TORTS - DOES THE FIREMAN'S RULE PRECLUDE SECURITY PERSONNEL FROM RECOVERY FOR ACTS OF NEGLIGENCE?

Frank G. Pridgeon, Sr. et al v. Board of License Commissioners for Prince George's County - Case No. 97, September Term 2007.

ISSUE - ADMINISTRATIVE LAW - DOES A PROTEST GROUP'S WITHDRAWAL OF ITS PROTEST TO THE RENEWAL OF AN ALCOHOLIC BEVERAGE LICENSE EXCUSE THE NEED FOR A LICENSE HEARING?

Robert L. Bost v. State of Maryland - Case No. 98, September Term 2007.

ISSUE - CRIMINAL LAW - DID WASHINGTON D.C. POLICE OFFICERS WHO FOLLOWED THE DEFENDANT FROM D.C. INTO MARYLAND WHERE HE WAS ARRESTED VIOLATE THE UNIFORM ACT ON FRESH PURSUIT?

Diane Anderson, Individually, et al. v. Council of Unit Owners of the Gables on Tuckerman Condominium/ Erie Insurance Exchange, et al. v. The Council of Unit Owners of Bridgeport Condominium - Case No. 99, September Term 2007.

ISSUE - MARYLAND CONDOMINIUM ACT (ACT) - DOES THE ACT REQUIRE A CONDOMINIUM ASSOCIATION TO REPAIR OR REPLACE DAMAGED PORTIONS OF A CONDO UNIT FOLLOWING A CASUALTY LOSS?

 

Denied December 17, 2007

Abend, Kenneth E. v. State - Pet. Docket No. 138
Baker, Michael Lee v. State - Pet. Docket No. 417
Bittinger v. CSX - Pet. Docket No. 398
Bowser, Lionel A. v. State - Pet. Docket No. 380
Bright, David M. v. State - Pet. Docket No. 392
Burgess, Maurice Daniel v. State - Pet. Docket No. 393 (petition and cross-petition)
Camper, Tyrone Torrell v. State - Pet. Docket No. 371
Carter, Darrell K. v. State - Pet. Docket No. 278
Carter, Dwight v. State - Pet. Docket No. 390
Clark, Javon v. State - Pet. Docket No. 386
Coleman, Robert v. State - Pet. Docket No. 412
Coughenour v. Cumberland - Pet. Docket No. 307
Covington, Emmanuel Seth v. State - Pet. Docket No. 384
Deschamps v. Frost - Pet. Docket No. 391
DHL v. Goetz - Pet. Docket No. 238
Elliott v. Elliott - Pet. Docket No. 399
Feaster, Isaiah T. v. State - Pet. Docket No. 382
Ferguson, Bradford E. v. State - Pet. Docket No. 260
Floyd, Hilda Leah v. State - Pet. Docket No. 384
Gasper v. Ruffin - Pet. Docket No. 419
Hebron v. Koppel - Pet. Docket No. 410
In Re: Christopjer S. - Pet. Docket No. 385
In Re: Leanna K. - Pet. Docket No. 383
Jewel, Joshua v. State - Pet. Docket No. 400
Kelly, Joshua v. State - Pet. Docket No. 379
Lomax v. Dayspring - Pet. Docket No. 402
Morlock v. Transcare - Pet. Docket No. 401
Owens, Marlon A. v. State - Pet. Docket No. 349
Reid, James v. State - Pet. Docket No. 372
Schwenger, John Edward v. State - Pet. Docket No. 335
Turner v. Bank of America - Pet. Docket No. 153
Wilson, Anthony J. v. State - Pet. Docket No. 277 (motion for reconsideration)

 

Denied December 7, 2007

Akinkiowo, Olawale F. v. State - Pet. Docket No. 332
Booth v. Dept. of Public Safety - Pet. Docket No. 285
Broadway, Alfred v. State - Pet. Docket No. 294
Capital Women's Care v. Mackoul - Pet. Docket No. 302 (petition and cross-petition)
Carlyle v. Mukolari - Pet. Docket No. 204
Clegg v. Stewart - Pet. Docket No. 326
Colbert, Malik v. State - Pet. Docket No. 365
Cosgrave v. Nationwide Lien - Pet. Docket No. 338
Crown v. Brown - Pet. Docket No. 170
Daniel v. Carmichael - Pet. Docket No. 420
Dillon, Keyona Diana v. State - Pet. Docket No. 354 (petition and cross-petition)
Faulkner, Alvin v. State - Pet. Docket No. 362
Grossman v. Grossman -
Pet. Docket No. 341
Haislip-Baker v. O'Malley - Pet. Docket No. 329
Handy, Richard D. v. State - Pet. Docket No. 368 (petition and cross-petition)
Hatte v. Marshall - Pet. Docket No. 105 (motion for reconsideration)

Husted v. Browns - Pet. Docket No. 348
Jones v. Labor Finders - Pet. Docket No. 330
Lane v. Doe - Pet. Docket No. 468
Lin v. Mayne - Pet. Docket No. 295
Lloyd, Arthur Lumas v. State - Pet. Docket No. 352
Martin-Korb v. Goldsmith - Pet. Docket No. 255 (motion for reconsideration)
Matthews, George v. State - Pet. Docket No. 346
McCrone v. Pappas - Pet. Docket No. 358
Mitrano v. Kelly - Pet. Docket No. 331
Moore, Darrick v. State - Pet. Docket No. 336
Moore v. Sabatino - Pet. Docket No. 275
Mouity, Julius v. State - Pet. Docket No. 353
Mraz v. O'Brien & Gere - Pet. Docket No. 289
Murdock, Brandon v. State - Pet. Docket No. 257
New Design v. Manchester - Pet. Docket No. 360
Parker, Lamont v. State - Pet. Docket No. 369
Pasta v. Nationwide - Pet. Docket No. 343
Von Poole, Eric v. State - Pet. Docket No. 327
Serabian v. American Legion - Pet. Docket No. 345
Soltysiak v. MVA - Pet. Docket No. 333
Sommerfield v. Gasker - Pet. Docket No. 192
State v. Jamie A. Lumpkin - Pet. Docket No. 344
Tabassi, Amir v. State - Pet. Docket No. 357
Thaniel, Travis v. State - Pet. Docket No. 363
Wade, Hugh M. A. v. State - Pet. Docket No. 325 & 366
Walls v. Dorsey - Pet. Docket No. 241
Washburn v. Bloodworth - Pet. Docket No. 347
Washington, Gregory L. Jr. v. State - Pet. Docket No. 337
Williams, Kenneth v. State - Pet. Docket No. 307 (motion for reconsideration)

Williams, Lionel Dion v. State - Pet. Docket No. 364
Wright, Walter L. v. State - Pet. Docket No. 334
Wright, Willie L. v. State - Pet. Docket No. 212