Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2008

 

Granted October 7, 2008

Kelvin Parker a/k/a/ Calvin Parker v. State - Case No. 89, September Term 2008

ISSUE - CRIMINAL LAW - DID TRIAL COURT ERR IN ALLOWING TESTIMONY BY A DETECTIVE THAT HE RECEIVED TIP FROM A REGISTERED CONFIDENTIAL INFORMANT?

Board of Education of Worcester County v. Horace Mann Insurance Company - Case No. 90, September Term 2008.

ISSUE - EMPLOYMENT - TORTS - WHETHER UNDER SECTIONS 4-104 AND 4-105 OF EDUCATION ARTICLE A COUNTY SCHOOL BOARD IS REQUIRED TO DEFEND A SCHOOL EMPLOYEE IN AN UNDERLYING TORT ACTION EVEN WHERE THE ONLY CAUSE OF ACTION ALLEGED WAS AN INTENTIONAL TORT?

Garry Dennis Crosby, Jr. v. State of Maryland - Case No. 91, September Term 2008.

ISSUE - CRIMINAL LAW - IS THE FOLLOWING OF A CAR BY THE POLICE AND THE SUBSEQUENT SURROUNDING OF THAT CAR BY AT LEAST THREE POLICE CARS AFTER THE VEHICLE STOPPED, A MERE ACCOSTING, OR A STOP REQUIRING REASONABLE ARTICULABLE SUSPICION THAT A CRIME HAD OCCURRED OR WAS ABOUT TO OCCUR BY THE PERSON STOPPED?

Lovell Land, Inc. v. State Highway Administration, et al. - Case No. 92, September Term 2008

ISSUE - TRANSPORTATION - IS PETITIONER A CREDITOR THIRD PARTY BENEFICIARY OF THE REVERTER CLAUSE IN THE SHA/COUNTY DEED WHERE: (1) UNDER THE EXPRESS TERMS OF REVERTER CLAUSE INTERPRETED IN LIGHT OF THE APPLICABLE STATUTE, SECTION 8-309 OF THE TRANSPORTATION ARTICLE, KING’S MEADE IS A MEMBER OF A CLASS OF PERSONS THAT CAN BENEFIT FROM THE REVERTER CLAUSE AND (2) THE SHA INCLUDED THE REVERTER CLAUSE IN THE SHA/COUNTY DEED IN DIRECT RESPONSE TO KING’S MEADE’S CLAIM THAT SHA WAS REQUIRED TO CONVEY THE PROPERTY TO KING’S MEADE UNDER SECTION 8-309 BECAUSE THE COUNTY DID NOT HAVE A PUBLIC PURPOSE FOR THE PROPERTY?

Steven G. Ochs, etc., et al. v. Gerald Meibo Hayward, et al. - Case No. 93, September Term 2008.

ISSUE - MEDICAL MALPRACTICE - WHETHER THE RESPONDENTS WAIVED THEIR RIGHT TO RAISE A WALZER CHALLENGE TO THE PETITIONERS’ CERTIFICATES OF MERIT BY NOT CHALLENGING SAME IN THE HEALTH CLAIMS ARBITRATION OFFICE AND WAITING UNTIL THE CIRCUIT COURT CASE WAS ELEVEN MONTHS OLD BEFORE FILING MOTIONS TO DISMISS RAISING WALZER?

Kelly Green, a minor, etc. et al. v. N.B.S., Inc., et al - Case No. 94, September Term 2008.

ISSUE - CONSTITUTIONAL LAW - CONSUMER PROTECTION ACT - DOES MARYLAND’S CAP ON NON-ECONOMIC DAMAGES APPLY TO CLAIMS BROUGHT PURSUANT TO MARYLAND’S CONSUMER PROTECTION ACT?

The Programmers' Consortium, Inc. v. Karl Clark - Case No. 95, September Term 2008.

ISSUE - LABOR AND EMPLOYMENT - MARYLAND WAGE ACT - WHETHER A TRIAL JUDGE MAY AWARD ATTORNEY’S FEES AGAINST AN EMPLOYER FOR WILLFULLY FAILING TO PAY WAGES WITHOUT A BONA FIDE DISPUTE UNDER MARYLAND LABOR AND EMPLOYMENT SECTION 3-507.1(b) WHERE A JURY HAS RENDERED A VERDICT WITH A SPECIFIC FINDING THAT THE EMPLOYER DID NOT FAIL TO PAY WAGES WITHOUT A BONA FIDE DISPUTE?

Master Financial, Inc., et al. v. Ralph S. Crowder, et al. - Case No. 96, September Term 2008. (Petition and counter-petition).

ISSUE - COMMERCIAL LAW - MAY BORROWERS DELAY BRINGING THEIR STATUTORY SMLL CLAIMS, WHICH ARE BASED ENTIRELY ON STATUTORY VIOLATIONS COMMITTED AND KNOWN AT LOAN CLOSINGS, BEYOND THE THREE-YEAR LIMITATIONS PERIOD ON THE THEORY THAT THEIR CLAIMS FOR EXCESSIVE CLOSING COSTS ACCRUE ANEW EACH TIME THAT THE BORROWERS MAKE A LOAN PAYMENT THAT INCLUDES FEES OR INTEREST THAT MAY BE SUBJECT TO FORFEITURE PURSUANT TO THE STATUTE’S CIVIL PENALTIES SECTION?

 

Denied October 10, 2008

Adeyemi v. K-Bank - Pet. Docket No. 299
Bell b. Bell - Pet. Docket No. 303
Boone, Timothy M. v. State - Pet. Docket No. 308
Catholic Health v. Barber - Pet. Docket No. 298
Henson v. Henson - Pet. Docket No. 241
Hill Construction v. Sunrise Beach - Pet. Doket No. 306
Kolb v. Heavener - Pet. Docket No. 182
Levy v. Creditrust - Pet. Docket No. 278
Moffitt v. Residential Funding - Pet. Docket No. 297
Moody, Jason v. State - Pet. Docket No. 346
Orleans v. Board of Elections - Pet. Docket No. 180
Posner v. Comptroller - Pet. Docket No. 304
Thompson v. Bristol - Pet. Docket No. 307
Williams, Johnnie Lee Jr. v. State - Pet. Docket No. 293