Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2007

 

Granted May 7, 2008

Taylor R. Sanderbeck v. State of Maryland - Case No. 8, September Term 2008.

ISSUE - CRIMINAL LAW - DID THE LOWER COURTS ERR IN FINDING THAT POLICE OFFICER’S OBSERVATION OF A MOTORIST GOING 33 MPH IN A 30 MPH ZONE JUSTIFIED AN OUT-OF-COUNTY ARREST UNDER THE “FRESH PURSUIT” DOCTRINE?

Thomas W. Marshall v. State of Maryland - Case No. 9, September Term 2008.

ISSUES - CRIMINAL LAW - (1) DID THE LOWER COURT CORRECTLY HOLD THAT TRIAL COURT ACTED WITHIN ITS DISCRETION IN DENYING PETITIONER’S MOTION FOR A MISTRIAL WHERE PROSECUTOR’S COMMENTS WERE NOT IMPROPER AND DID NOT WARRANT THE EXTRAORDINARY REMEDY OF A MISTRIAL? (2) DID THE PROSECUTOR’S IMPROPER REMARKS DURING REBUTTAL CLOSING ARGUMENT HAVE CUMULATIVE EFFECT OF DEPRIVING PETITIONER OF A FAIR TRIAL?

Oscar A. Cruz v. State of Maryland - Case No. 10, September Term 2008.

ISSUE - CRIMINAL LAW - DID THE LOWER COURT CORRECTLY DETERMINE THAT THE TRIAL COURT PROPERLY INSTRUCTED THE JURY IN TWO DIFFERENT FORMS OF ASSAULT, BOTH GENERATED BY THE EVIDENCE?

Anthony Lloyd Mitchell v. State of Maryland - Case No. 11, September Term 2008.

ISSUE - CRIMINAL LAW - DID THE STATE’S CLOSING ARGUMENT IMPROPERLY SHIFT THE BURDEN OF PROOF?

Sara Caldes, et al. v. Elm Street Development, et al. - Case No. 12, September Term 2008.

ISSUE - ZONING - CRITICAL AREA LAW - DOES COUNTY’S LOT MERGER LAW OVERRIDE THE DENSITY LIMITATIONS IN THE STATE AND COUNTY CRITICAL AREA LAW?

Richard Lavonte Blanks v. State of Maryland - Case No. 13, September Term 2008. (Petition filed by Richard Lavonte Blanks, pro se was denied. Petition filed by Public Defender granted).

ISSUES - CRIMINAL LAW - (1) DID THE LOWER COURT ERR IN FINDING NO ERROR WHERE PROSECUTOR WAS PERMITTED, IN THE PRESENCE OF THE JURY, TO QUESTION THE ACCUSED CONCERNING THE CONTENT AND TIMING OF PETITIONER’S COMMUNICATIONS WITH HIS ATTORNEY? (2) DID PETITIONER WAIVE HIS CLAIM CONCERNING CROSS-EXAMINATION AS TO COMMUNICATIONS WITH HIS ATTORNEY BY NOT OBJECTING TO EACH QUESTION AT TRIAL?

Devonte A. Brooks, a minor, etc., et al. v. Housing Authority of Baltimore City, et al. - Case No. 14, September Term 2008.

ISSUE - COMMERCIAL LAW - LIABILITY - CAN HOUSING AUTHORITY MANUFACTURE ITS OWN IMMUNITY FROM LEAD POISONING LIABILITY BY CLAIMING DEPLETION OF INSURANCE COVERAGE WHEN THE HOUSING AUTHORITY REFUSED TO COMPLY WITH INSURANCE UNDERWRITING REQUIREMENTS TO CONDUCT LEAD RISK ASSESSMENTS OF ITS RENTAL PROPERTIES?

In Re: Gloria H. - Case No. 15, September Term 2008.

ISSUE - JUVENILE LAW - EDUCATION - WAS EVIDENCE LEGALLY SUFFICIENT TO SUSTAIN THE TRIAL COURT’S FINDING THAT THE APPELLANT VIOLATED MD. CODE, EDUCATION, SECTION 7-301(e)(2)?

Wayne Stockstill v. State of Maryland - Case No. 16, September Term 2008.

ISSUE - CRIMINAL LAW - WHETHER THE TRIAL COURT’S JUDGMENT REVOKING APPELLANT’S PROBATION SHOULD BE VACATED AND PROBATION REINSTATED BECAUSE THE REVOCATION WAS BASED ON EVIDENCE ADMITTED IN VIOLATION OF MARYLAND PSYCHIATRIST-PATIENT PRIVILEGE STATUTE?

Ayinde Deleon v. State of Maryland - Case No. 17, September Term 2008.

ISSUE - CRIMINAL LAW - DID THE TRIAL COURT ERR IN ALLOWING THE ADMISSION OF EVIDENCE OF GANG MEMBERSHIP, ASSOCIATION AND ACTIVITY AGAINST THE APPELLANT?

Potomac Valley Orthopaedic Associates, et al. v. Maryland State Board of Physicians, et al. - Case No. 18, September Term 2008.

ISSUE - HEALTH OCC. - WHETHER THE MD PATIENT REFERRAL LAW PROHIBITS AN ORTHOPAEDIC SURGEON FROM FURNISHING PATIENTS WITH MRI OR CT DIAGNOSTIC SERVICES WITHIN OFFICE OR GROUP, EVEN WHEN THE ORTHOPAEDIST COMPLIES WITH THE “GROUP PRACTICE” EXEMPTION IN HEALTH OCC. SECTION 1-302(d)(2) OR THE “DIRECT SUPERVISION” EXEMPTION IN HEALTH OCC. SECTION 1-302(d)(3)?

Government Employees Insurance Company v. Ray E. Comer, Jr. - Case No. 19, September Term 2008.

ISSUES - INSURANCE - (1) DID TRIAL COURT ERR IN GRANTING APPELLEE’S MOTION FOR SUMMARY JUDGMENT AND NOT GEICO’S MOTION FOR SUMMARY JUDGMENT? (2) IS APPELLEE ENTITLED TO UNINSURED/UNDERINSURED MOTORIST BENEFITS UNDER HIS FATHER’S GEICO POLICY?

Paul Kessler, et al. v. Board of County Commissioners of Washington County, et al. - Case No. 71, September Term 2008.

ISSUE - ZONING - WHETHER A FLOATING ZONE APPLICANT CAN MEET THE TEST FOR A FLOATING ZONE WITHOUT PRESENTING ANY EVIDENCE COMPARING THE EFFECTS OF PROPOSED LAND USE WITH THE EFFECTS OF THE SAME LAND USE LOCATED ELSEWHERE IN SAME ZONE?

 

Denied May 9, 2008

Brown v. Estab - Pet. Docket No. 6*
Brown, Martinez v. State - Pet. Docket No. 574
Buckmire, Curtis A. v. State - Pet. Docket No. 572
Burrell, Leonard G. v. State - Pet. Docket No. 563
Cook, Nathaniel L. v. State - Pet. Docket No. 589
Cornfield v. Ayli - Pet. Docket No. 16*
Downs, Jesse v. State - Pet. Docket No. 579
Dvorak v. Ethics Commission - Pet. Docket No. 1* (petition and cross-petition)
Evans, Joseph Michael v. State - Pet. Docket No. 7*
Flaim v. Copley - Pet. Docket No. 583
Frock v. Dulany - Pet. Docket No. 592
Gerald, Ronald v. State - Pet. Docket No. 588
Hunt v. Sniffen - Pet. Docket No. 580
Johnson v. Dept. of Corrections - Pet. Docket No. 581
Kahl v. Orrell - Pet. Docket No. 578
Katen v. Good - Pet. Docket No. 2*
Laddon v. Laddon - Pet. Docket No. 8*
Marsol v. Ceridian - Pet. Docket No. 576
Massey v. Dept. of Corrections - Pet. Docket No. 10*
Michaels, Kevin Lee v. State - Pet. Docket No. 587
Mitchell v. Leiter - Pet. Docket No. 18*
Petty, Robert W. v. State - Pet. Docket No. 21*
Plant v. MVA - Pet. Docket No. 593
Richards v. Frederick - Pet. Docket No. 595
Rogers v. Eastport Yachting - Pet. Docket No. 584
Saunders, Tony v. State - Pet. Docket No. 17*
Snead, Alan v. State - Pet. Docket No. 4*
State v. Sean Howard - Pet. Docket No. 590
State v. Percy Johnson - Pet. Docket No. 590
Stem v. Scitech - Pet. Docket No. 582
Swann, Frank J. v. State - Pet. Docket No. 586
Thomas v. Dept. of Corrections - Pet. Docket No. 15*
Walker v. Centre Insurance - Pet. Docket No. 575
Wood, Anthony C. Sr. v. State - Pet. Docket No. 22*

* September Term 2008

 

Denied May 13, 2008

Johnson v. Johnson - Pet. Docket No. 119*


*September Term 2008