Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2007

 

Granted February 13, 2008

Terence Jay Jones, Jr. v. State of Maryland - Case No. 123, September Term 2007.

ISSUE - CRIMINAL LAW - DID TRIAL COURT ERR BY IMPOSING RESTITUTION AS A PROBATION CONDITION FOR ECONOMIC DAMAGES SUFFERED BY THE ACCIDENT VICTIM?

Michael Blaine Shatzer, Sr. v. State of Maryland - Case No. 124, September Term 2007.

ISSUE - CRIMINAL LAW - DID TRIAL COURT ERR IN ADMITTING INTO EVIDENCE STATEMENTS OBTAINED BY POLICE FROM APPELLANT IN VIOLATION OF HIS CONSTITUTIONAL RIGHTS TO REMAIN SILENT AND TO HAVE COUNSEL PRESENT DURING QUESTIONING?

Wildwood Medical Center, LLC v. Montgomery County, Maryland - Case No. 125, September Term 2007.

ISSUE - MARYLAND TAX COURT - WHETHER MARYLAND TAX COURT AND CIRCUIT COURT WERE BOTH CORRECT IN ALLOWING PETITIONER EXEMPTIONS FROM TRANSFER AND RECORDATION TAXES UPON RECORDATION OF THE SUBJECT DEED. IN ACCORDANCE WITH SECTIONS 12-108(y) AND 13-405(c) OF THE TAX-PROPERTY ARTICLE, AS PETITIONER'S PREDECESSOR ENTITY IN TITLE WAS A MARYLAND GENERAL PARTNERSHIP?

Betty Garner, et al. v. Archers Glen Partners, Inc. et al. - Case No. 126, September Term 2007.

ISSUES - ADMINISTRATIVE LAW - (1) WHETHER A COUNTY PLANNING BOARD MAY PARTICIPATE AS A PARTY IN AN ADMINISITRATIVE APPEAL OF ITS DECISION APPROVING A PRELIMINARY PLAN FOR RESIDENTIAL DEVELOPMENT? (2) DOES THE LAW OF CASE DOCTRINE APPLY TO LOWER COURT OPINION IN SAME PROCEEDING WHICH ADDRESSES A LEGAL QUESTION PURSUANT TO MD. RULE 8-131(a) IN ORDER TO PROVIDE "GUIDANCE" AND "TO AVOID THE EXPENSE AND DELAY OF ADDITIONAL APPEALS"?

La Belle Epoque, LLC, et al v. Old Europe Antique Manor, LLC, et al. - Case No. 127, September Term 2007.

ISSUES - REAL PROPERTY - (1) WHETHER THE LOWER COURT'S HOLDING THAT NON-TENANT'S PAYMENT OF RENT CREATES A COMMERCIAL TENANCY AT COMMON LAW IMPOSES A NEW AND COMMERCIALLY UNREASONABLY DUTY UPON LANDLORDS TO VERIFY THE PAYOR OF EACH RENTAL PAYMENT BEFORE ACCEPTANCE? (2) WHETHER A COMMON LAW COMMERCIAL TENANT IS ENTITLED TO SAME CONSUMER PROTECTIONS GIVEN A RESIDENTIAL TENANT AT COMMON LAW?

Pittway Corporation, et al. v. Stephon Collins, et al. - Case No. 128, September Term 2007.

ISSUES - (1) DOES DECISION OF LOWER COURT IMPROPERLY CHANGE THE MARYLAND LAW OF SUPERSEDING CAUSE IN WAYS THAT CONFLICT WITH WELL-SETTLED PRINCIPLES LONG APPLIED BY THIS COURT? (2) DOES DECISION OF THE LOWER COURT IMPROPERLY PREVENT TRIAL COURT'S FROM DECIDING THE ISSUE OF SUPERCEDING CAUSATION ON MOTION TO DISMISS?

Anthony Alston v. State of Maryland - Case No. 129, September Term 2007. (petition and cross-petition)

ISSUES - CRIMINAL LAW - (1) DID THE TRIAL COURT ERR IN DENYING PETITIONER'S MOTIONS FOR MISTRIAL AND FOR NEW TRIAL WHERE THE JURY WAS NOT SWORN UNTIL AFTER THE ESSENTIAL CONCLUSION OF THE STATE'S CASE? (2) DID THE TRIAL COURT ERR IN SENTENCING PETITIONER TO LIFE FOR CONSPIRACY TO MURDER WHERE UNDER THE INSTRUCTIONS GIVEN, THE JURY COULD HAVE FOUND PETITIONER WAS GUILTY ONLY OF CONSPIRACY TO COMMIT SECOND DEGREE MURDER?

Joyce Grimstead v. McNeal Brockington - Case No. 130, September Term 2007 (petition and cross-petition)

ISSUES - MEDICAL MALPRACTICE - (1) DID TRIAL COURT ERR BY ALLOWING TWO ALTERNATE JURORS TO ATTEND JURY DELIBERATIONS IN CIVIL CASE AND SUBSTITUTING THE ALTERNATES FOR TWO REGULAR JURORS DURING THE DELIBERATIONS WHEN THE DEFENDANT EXPRESSLY AGREED TO THE ALTERNATES' PRESENCE DURING DELIBERATIONS AND ATTEMPTED TO WITHDRAW CONSENT ONLY WHEN TRIAL COURT DESIGNATED ALTERNATES TO REPLACE REFULAR JURORRS WHOM THE DEFENDANT PREFERRED? (2) DOES THE STATUTORY LIMITATION ON NON-ECONOMIC DAMAGES INCREASE WHEN A PHYSICIAN COMMITS REPEATED ACTS OF NEGLIGENCE IN SUCCESSIVE YEARS WHILE TREATING A PATIENT?

Department of Human Resources, Baltimore City Department of Social Services v. Angela Hayward **
Department of Human Resources, Baltimore City Department of Social Services v. William Dixon -
Case No. 131, September Term 2007.

ISSUE - FAMILY LAW - DID THE DEPARTMENT OF HUMAN RESOURCES PROPERLY INTERPRET THE LAW AS PROVIDING STANDING TO APPEAL SOLELY TO INDIVIDUALS FOUND RESPONSIBLE FOR "UNSUBSTANTIATED" OR "INDICATED" CHILD ABUSE OR NEGLECT?

Kevin Ricardo Lee v. State of Maryland - Case No. 132, September Term 2008.

ISSUE - CRIMINAL LAW - DID THE TRIAL COURT ERR IN PERMITTING THE STATE TO ARGUE TO THE JURY THAT THE "LAW OF THE STREETS" PREVENTED VICTIM FROM IDENTIFYING PETITIONER AS HIS ASSAILANT AND TO ARGUE THEY SHOULD PROTECT THEIR COMMUNITY BY TEACHING PETITIONER A LESSON?

In Re: Adoption/Guardianship of Alonza Lynn D. Jr. and Shaydon Steveie S. - Case No. 133, September Term 2007.

 

Denied February 15, 2008

Abel, Treve Antonio v. State - Pet. Docket No. 476
Allen, Vonunette P. v. State - Pet. Docket No. 405
Ashton v. Shiloh Baptist - Pet. Docket No. 457
Anderson, Daniel v. State - Pet. Docket No. 276
Baltimore v. Guttman - Pet. Docket No. 460
Berrios, Osbaldo L. v. State - Pet. Docket No. 452
Bass, Gold Leroy Jr. v. State - Pet. Docket No. 464 (petition and cross-petition)
Cassidy, Stephen G. v. State - Pet. Docket No. 437
Chase, Keica v. State - Pet. Docket No. 445
Chesley v. Annapolis - Pet. Docket No. 424
Christian, Marcus Aron v. State - Pet. Docket No. 477
Coleman, Dewayne E. v. State - Pet. Docket No. 451
Corapcioglu v. Roosevelt - Pet. Docket No. 448
Dingle, Dante v. State - Pet. Docket No. 447
Dobson v. C.E. Realty - Pet. Docket No. 259
Dorsey, Marvin L. v. State - Pet. Docket No. 425
Eason, Kion v. State - Pet. Docket No. 472
Garcia v. U.S. Foodservice - Pet. Docket No. 463
Goode, Thomas v. State - Pet. Docket No. 479
Green v. Rebuild America - Pet. Docket No. 465
Hailey, Dexter Lee v. State - Pet. Docket No. 478
Holsey v. Wall - Pet. Docket No. 314
Hopkins, Sean Jervitt v. State - Pet. Docket No. 261
In Re: Adoption of Titus Tavon D. - Pet. Docket No. 454
In Re: Adoption of Tristynn F. - Pet. Docket No. 279
Johnson, Kenneth v. State - Pet. Docket No. 286
Joshi v. Prince George's County - Pet. Docket No. 421
Karanja, William N. v. State - Pet. Docket No. 397
Karanja, William N. v. State - Pet. Docket No. 433
Kellan, Freddie J. v. State - Pet. Docket No. 443
Kent v. MTA - Pet. Docket No. 458
Kroll, John Leroy v. State - Pet. Docket No. 429
Lewis, Xavier M. v. State - Pet. Docket No. 426
Manokey, Kenneth C. v. State - Pet. Docket No. 456
Matthews, Charlie v. State - Pet. Docket No. 475 (petition and cross-petition)
Montrose Motors v. Milestone-Mangel - Pet. Docket No. 466
Moore, Richard R. Jr. v. State - Pet. Docket No. 428 (petition and cross-petition)
Murtha v. Murtha - Pet. Docket No. 446
Njau v. 1st Financial - Pet. Docket No. 377
Parks, Larry Bernard v. State - Pet. Docket No. 481
Parrish v. Baltimore County - Pet. Docket No. 455
Patterson, Charles v. State - Pet. Docket No. 442
People's Counsel v. Mueller - Pet. Docket No. 459
PT Tiki v. Calvert County - Pet. Docket No. 453
Pushia, Franzinia Y. v. State - Pet. Docket No. 407
Schroeder v. Paige - Pet. Docket No. 416
Tolbert, Richard v. State - Pet. Docket No. 434
Tunstall, Marcus v. State - Pet. Docket No. 436
Turner's v. Seagroves - Pet. Docket No. 439
Webber v. University - Pet. Docket No. 461
Williams, Kelly Anthony v. State - Pet. Docket No. 450
Worsham v. Americor - Pet. Docket No. 438