Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2007

 

Granted April 9, 2008

In Re: Adoption/Guardianship of David H. - Case No. 141, September Term 2007.

ISSUE - FAMILY LAW - CINA - (1) DID TRIAL COURT ERR IN ADMITTING DOCUMENTS THAT WERE NOT APPROPRIATE TO TAKE JUDICIAL NOTICE OF AND THAT CONTAINED HEARSAY? (2) DID THE TRIAL COURT ERR IN TERMINATING PARENTAL RIGHTS OF MR. H.?

State v. Colonel Preston Long - Case No. 142, September Term 2007.

ISSUE - CRIMINAL LAW - DOUBLE JEOPARDY - DID TRIAL COURT INCORRECTLY DISMISS THE INDICTMENT BASED ON DOUBLE JEOPARDY GROUNDS WHERE CHARGES AGAINST DEFENDANT, ALTHOUGH OCCURRING ON THE SAME DATE AS DIFFERENT PREVIOUSLY LITIGATED CHARGES, WERE BASED ON SEPARATE OFFENSES DURING A LATER HOUSE SEARCH EXECUTED PURSUANT TO SUBSEQUENTLY OBTAINED WARRANT?

Maryland Department of the Environment v. Klein/Wachter Properties, LLC - Case No. 143, September Term 2007.

ISSUE - STATUTES - ENVIRONMENT - DOES MDE HAVE REGULATORY AUTHORITY OVER THE WATER SYSTEM WHICH PROVIDES DRINKING WATER TO RESIDENTIAL USERS IN MARYLAND?

Christopher Hutchinson v. State - Case No. 1, September Term 2008. (petition and cross-petition granted).

ISSUE - CRIMINAL LAW - DID THE LOWER COURT ERR BY RULING THAT IT IS A HARMLESS ERROR FOR PROSECUTOR TO ASK DEFENDANT, ON CROSS-EXAMINATION, WHETHER THE COMPLAINANT HAD LIED IN THE COMPLAINANT'S TESTIMONY?

Maryse L. Karsenty, et al. v. Kathleen Sexton Schoukroun - Case No. 2, September Term 2008. (petition and cross-petition granted).

ISSUE - ESTATES AND TRUSTS - WHETHER MARYLAND HAS A BRIGHT-LINE RULE ESTABLISHING THAT IN THE CASE WHICH A DECEASED SPOUSE HAS TRANSFERRED PROPERTY WITH A RETAINED INTEREST, THE TRANSFER CONSTITUTES A FRAUD ON SURVIVING SPOUSE ELECTIVE SHARE REGARDLESS OF MOTIVE, EXTENT OF THE CONTROL AND OTHER EQUITABLE FACTORS?

Joseph Michael Jones v. State - Case No. 3, September Term 2008.

ISSUES - (1) CRIMINAL LAW - DID THE TRIAL COURT ERR IN PERMITTING SEX-YEAR OLD ALLEGED VICTIM TO TESTIFY WHERE CHILD DEMONSTRATED A CLEAR INABILITY TO UNDERSTAND AND APPRECIATE HIS OBLIGATION TO TELL THE TRUTH? (2) DID THE TRIAL COURT ERR IN ADMITTING ALLEGED VICTIM'S TAPED STATEMENT TO SOCIAL WORKER?

Charles Marcantonio, Personal Representative of the Estate of Sherri Schaefer - Case No. 4, September Term 2008.

ISSUE - MEDICAL MALPRACTICE - WHETHER ISSUE OF MATERIAL FACT EXISTS ON THE QUESTION OF PROXIMATE CAUSE IN A WRONGFUL DEATH AND SURVIVAL ACTION ARISING FROM MEDICAL MALPRACTICE WHERE EVIDENCE DEMONSTRATES THE DEFENDANTS' NEGLIGENT FAILURE TO DIAGNOSE AND TREAT STAGE ONE CANCER ALLOWED THE CANCER TO PROGRESS AND THE PATIENT UNLTIMATELY DIE FROM METASTATIC CANCER?

Sherri A. Turner v. Raymond A. Knight, et al. - Case No. 5, September Term 2008.

ISSUE - CONSTITUTIONAL LAW - STATUTE OF LIMITATIONS - DOES "TOLLED" AS USED IN 28 u.s.c.a. 1367(d) MEAN SUSPENSIONOF THE RUNNING OF THE STATUTE OF LIMITATIONS OR MERELY SUSPENSION OF THE EFFECT OF THE RUNNING OF THE STATUTE OF LIMITATIONS?

Todd Tyrone Taylor v. State - Case No. 6, September Term 2008.

ISSUES - CRIMINAL LAW - (1) DID THE TRIAL COURT'S RESTRICTION UPON UMPEACHMENT OF THE CREDIBILITY OF A HEARSAY DECLARANT WHOSE EXTRAJUDICIAL STATEMENTS WERE CENTRAL TO STATE'S CASE CONTRAVENE PETITIONER'S RIGHTS UNDER THE CONFRONTATION CLAUSE AND MARYLAND EVIDENTIARY LAW? (2) DID THE TRIAL COURT IMPOSE AN OVERBROADCONDITION OF PROBATION IN ORDERING PETITIONER "TO HAVE NO CONTACT WITH ANY MINORS"?

Linwood Bean v. Department of Health and Mental Hygiene, Mental Hygiene Administration, Clifton T. Perkins Hopsital Center - Case No. 7, September Term 2008.

CRIMINAL LAW - DID THE LOWER COURT ERR IN HOLDING THAT A COMMITTEE CANNOT GAIN RELEASE PURSUANT TO CRIMINAL PROCEDURE ARTICLE SECTION 3-114 WITHOUT PRODUCING HIS OWN EXPERT WITNESS?

 

Denied April 11, 2008

Albin v. Pishevar - Pet. Docket No. 40 (Sept. Term 2008)
Albin v. Pishevar - Pet. Docket No. 534
Bridges v. Goldberg - Pet. Docket No. 538
Brown, Kevin T. v. State - Pet. Docket No. 413
George v. MAIF - Pet. Docket No. 530
Gray v. Brenna - Pet. Docket No. 519
Hall, Teon v. State - Pet. Docket No. 570
Hawkins, Garrion D. v. State - Pet. Docket No. 558 (petition and cross-petition)
Hawkins, Dwarne v. State - Pet. Docket No. 547
Heinrich v. MVA - Pet. Docket No. 553
Hoyt-Kirtsos v. Health Thru - Pet. Docket No. 550
Humanvision v. Karington - Pet. Docket No. 565
Hutchinson, Christopher v. State - Pet. Docket No. 557
In Re: Adoption of Dakota A. - Pet. Docket No. 552
In Re: Adoption of Leanna K. - Pet. Docket No. 383 (motion for reconsideration)
Ketterman, Faaron C. v. State - Pet. Docket No. 539
Kianersi v. Hakimi - Pet. Docket No. 537
Lloyd's v. Almony - Pet. Docket No. 542
Marcos, Mariano B. v. State - Pet. Docket No. 532
Massey, Terrance v. State - Pet. Docket No. 359
Montgomery, James H. III v. State - Pet. Docket No. 545
Njau v. 1st Financial - Pet. Docket No. 377 (motion for reconsideration)
Nyanfore v. Le Pham - Pet. Docket No. 562
Orona v. REG - Pet. Docket No. 560
Parrish v. Parrish - Pet. Docket No. 544
Quinn v. Batheja - Pet. Docket No. 549
Reeves v. Bierman - Pet. Docket No. 561
Revels, Joseph S. v. State - Pet. Docket No. 440
Riddix v. Baltimore - Pet. Docket No. 554
Robertson v. Cottingham - Pet. Docket No. 462
Robertson v. Cottingham - Pet. Docket No. 526
Ruiz, Jose Luis v. State - Pet. Docket No. 551
Shah v. Emerson - Pet. Docket No. 518
Sir Sarge v. Pumpelly - Pet. Docket No. 569
Spinnato, Salvatore v. State - Pet. Docket No. 196 (Sept. Term 1999 motion for reconsideration)
Stuart, Kenneth Cecil v. State - Pet. Docket No. 564
Tunstall, Marcus v. State - Pet. Docket No. 436 (motion for reconsideration)
Watson, Kevin v. State - Pet. Docket No. 566
Willis, Ronald Marvin v. State - Pet. Docket No. 411
Young, Emanuel v. State - Pet. Docket No. 535