Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2008

 

Granted November 17, 2008

Anthony Walker v. Ed Rogers, Inc. - Case No. 116, September Term 2008.

 

Granted November 10, 2008

Victor Antonio Glascoe v. State of Maryland - Case No. 98, September Term 2008.

ISSUE - CRIMINAL LAW - DID THE LOWER COURT FAIL TO ISSUE A VALID DECISION WHERE ONE OF THE THREE JUDGES ASSIGNED TO THE PANEL WHO HEARD ORAL ARGUMENT IN THE CASE DIED BEFORE THE OPINION WAS ISSUED?

Brandon Justin Jackson v. State of Maryland - Case No. 99, September Term 2008.

ISSUE - CRIMINAL LAW - DID THE LOWER COURT FAIL TO ISSUE A VALID DECISION WHERE ONE OF THE THREE JUDGES ASSIGNED TO THE PANEL WHO HEARD ORAL ARGUMENT IN THE CASE DIED BEFORE THE OPINION WAS ISSUED?

J.K. Technologies LLC v. Dimitrios Kyriazakos - Case No. 100, September Term 2008.

ISSUE - CONTRACT - DID THE LOWER COURT FAIL TO ISSUE A VALID DECISION WHERE ONE OF THE THREE JUDGES ASSIGNED TO THE PANEL WHO HEARD ORAL ARGUMENT IN THE CASE DIED BEFORE THE OPINION WAS ISSUED?

Motor Vehicles Administration v. Jerry Dale Sanner - Case No. 101, September Term 2008.

ISSUE - ADMINISTRATIVE LAW - TRANSPORTATION - DOES A POLICE OFFICER’S CERTIFICATION THAT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE WAS PRESENT ON THE BREATH AND PERSON OF A DRIVER INVOLVED IN A MOTOR VEHICLE CRASH CONSTITUTE REASONABLE GROUNDS TO REQUEST AN ALCOHOL CONTENT TEST UNDER TRANSPORTATION ARTICLE SECTION 16-205.1(b)(2)?

Miguel Gonzalez v. State of Maryland - Case No. 102, September Term 2008.

ISSUES - CRIMINAL LAW - (1) DID THE TRIAL COURT DENY PETITIONER THE RIGHT TO REPRESENTATION BY COUNSEL OF HIS CHOICE BY INSISTING, DESPITE PETITIONER’S PROTEST, THAT ANOTHER ATTORNEY WHO WAS FROM THE SAME LAW FIRM AND WAS PRESENT AT TRIAL TABLE WAS HIS ATTORNEY? (2) - DID PETITIONER VOLUNTARILY WAIVE HIS RIGHT TO COUNSEL WHERE THE TRIAL COURT OFFERED HIM THE CHOICE OF PROCEEDING WITH AN ATTORNEY WHOM HE DID NOT BELIEVE HE HAD HIRED TO REPRESENT HIM OR PROCEEDING WITHOUT AN ATTORNEY?

Antonio Gonozalez Belote v. State of Maryland - Case No. 103, September Term 2008.

ISSUE - CRIMINAL LAW - DID THE LOWER COURTS ERR IN CONCLUDING THAT AN ILLEGAL FRISK COULD BE JUSTIFIED BY SUBSEQUENTLY DECIDING THAT IT WAS AN ARREST?

Renaissance Centro Columbia LLC v. Joel Broida - Case No. 104, September Term 2008.

ISSUES - ZONING - (1) WHETHER THE LOWER COURT ERRED IN CONCLUDING THAT BOTH THE BURDEN OF PRODUCTION AND THE BURDEN OF PERSUASION SHIFTS TO THE PARTY CHALLENGING THE PRESUMPTIVE STANDING OF AN ADJACENT PROPERTY OWNER IN ZONING CASES? (2) WHETHER THE LOWER COURT ERRED IN CONCLUDING THAT SECTION 2.210(a)(4)(ii) OF THE HOWARD COUNTY CODE DOES NOT GOVERN APPEALS OF HEARING EXAMINER DECISIONS TO THE HOWARD COUNTY BOARD OF APPEALS?

State Security Check Cashing, Inc. v. American General Financial Services (DE) a/k/a American General Financial Services, Inc. - Case No. 105, September Term 2008.

ISSUES - COMMERCIAL LAW - (1) WHAT IS THE STANDARD OF CARE REQUIRED BY COMMERCIAL LAW ARTICLE, SECTION 3-404(d) OF A PERSON WHO IN GOOD FAITH TAKES AND CASHES A CHECK ISSUED TO AN IMPOSTER? (2) DID THE LOWER COURTS ERR IN HOLDING THAT PETITIONER WAS REQUIRED TO WAIT UNTIL A CHECK ISSUED TO AND NEGOTIATED BY AN IMPOSTER HAD CLEARED BEFORE GIVING THE IMPOSTER THE PROCEEDS OF THE CHECK?

Douglas M. Armstrong, et al. v. Mayor and City Council of Baltimore et al. - Case No. 106, September Term 2008.

ISSUES - ZONING - (1) WHEN THE LOWER COURT AFFIRMED THAT THE ARRANGED, INTENDED, DESIGNED AND ACTUAL USE OF THE BUILDING WAS AND IS 26 “DWELLING UNITS” FOR OCCUPANCY BY 26 “FAMILIES” DID THE COURT MISCONSTRUE THE STATUTORY SCHEME AND EXPAND THE DEFINITION OF “DWELLING UNIT” AND “FAMILY”? (2) DID THE LOWER COURT IMPERMISSIBLY AFFIRM THE BOARD OF MUNICIPAL AND ZONING APPEAL ON A GROUND NOT RELIED UPON BY THAT ADMINISTRATIVE AGENCY AND ON WHICH THERE WAS INSUFFICIENT EVIDENCE REGARDING THE QUESTION OF AN ALLEY OF LONG COMMON USE?

Douglas M. Armstrong, et al. v. Mayor and City Council of Baltimore et al. - Case No. 107, September Term 2008 (petition and cross-petition).

ISSUES - ZONING - (1) DID THE LOWER COURT ERR IN RULING THAT IN AN ACTION TO ENFORCE THE OPEN MEETINGS ACT, THE PARTY WHO PROVES AN OPEN MEETINGS ACT VIOLATION DOES NOT “PREVAIL” WITHIN THE MEANING OF SECTION 10-510(d)(5)(i) SO AS TO BE ELIGIBLE FOR CONSIDERATION TO RECEIVE AN AWARD OF COUNSEL FEES? (2) DID THE LOWER COURT ERR IN RULING THAT WHILE A CITY COUNCIL BILL WAS ADVANCED OUT OF COMMITTEE AS A RESULT OF PRIVATE DELIBERATIONS THAT VIOLATED THE OPEN MEETINGS ACT, THE CITY COUNCIL’S SUBSEQUENT PUBLIC PASSAGE OF THE BILL IS A NON-VOIDABLE FINAL ACTION?

Michael Tackney et al. v. United States Naval Academy Alumni Association, Inc., et al. - Case No. 108, September Term 2008.

ISSUES - CORPORATE LAW - (1) WHETHER NAACP V. GOLDING, 342 Md. 663 (1996) REQUIRES A COURT TO INTERVENE WHEN THE BOARD OF THE ASSOCIATION, A MARYLAND NON-STOCK CORPORATION, CLEARLY VIOLATES THE ASSOCIATION’S UNAMBIGUOUS BYLAWS SO AS TO DEPRIVE THE ASSOCIATION’S MEMBERSHIP OF THE RIGHT TO VOTE FOR ELIGIBLE BOARD LEADERSHIP? (2) WHETHER THE ACTION OF THE BOARD OF AN INCORPORATED MARYLAND NON-STOCK MEMBERSHIP CORPORATION IN VIOLATING THE BYLAWS FOR THE PURPOSE OF RE-ELECTING AND ENTRENCHING THE INELIGIBLE BOARD LEADERSHIP IS SUFFICIENTLY ARBITRARY TO DENY THE BOARD’S ACTIONS THE DEFERENCE ACCORDED UNDER THE BUSINESS JUDGMENT RULE AND ITS ANALOG THE RULE ON NON-INTERVENTION SET FORTH IN NAACP V. GOLDING?

Cecil Laroy Robinson v. State of Maryland - Case No. 109, September Term 2008.

ISSUE - CRIMINAL LAW - WHETHER THE TRIAL JUDGE VIOLATED THE APPELLANT’S CONSTITUTIONAL RIGHT TO A PUBLIC TRIAL WHEN HE ORDERED MEMBERS OF THE APPELLANT’S FAMILY AND OTHER SPECTATORS TO LEAVE THE COURTROOM?

Steven Diggs v. State of Maryland - Case No. 110, September Term 2008.

ISSUE - CRIMINAL LAW - WAS APPELLANT DEPRIVED OF A FAIR TRIAL BECAUSE THE TRIAL COURT FAILED TO PRESERVE AN ATTITUDE OF IMPARTIALITY IN HIS QUESTIONING OF WITNESSES?

Colonel A. Omayaka v. Josephine O. Omayaka - Case No. 111, September Term 2008.

ISSUE - FAMILY LAW - WHETHER THE TRIAL COURT ERRED IN LAW AND FACT THAT APPELLEE DID NOT DISSIPATE MARITAL ASSETS WHEN THE MARRIAGE WAS UNDERGOING AN IRRECONCILABLE BREAKDOWN?

Pamela Blackwell, et al. v. Wyeth d/b/a/ Wyeth, Inc., et al. - Case No. 112, September Term 2008.

ISSUES - COURTS AND JUDICIAL PROCEEDINGS - EXPERT TESTIMONY - (1) DID THE TRIAL COURT IMPROPERLY APPLY THE REED-FRYE GENERAL ACCEPTANCE STANDARD TO PETITIONER’S EXPERTS’ CONCLUSIONS, RATHER THAN THE BASIS UPON WHICH THEY REACHED THEIR CAUSATION OPINIONS, AND IMPERMISSIBLY CONDUCT A TRIAL ON THE MERITS BY USING A HEIGHTENED SCIENTIFIC CERTAINTY STANDARD TO DETERMINE THE ADMISSIBILITY OF THEIR EXPERT TESTIMONY? (2) DID THE TRIAL COURT APPLY AN ERRONEOUS LEGAL STANDARD AND ABUSE ITS DISCRETION IN CONCLUDING THAT THE PETITIONER’S EXPERTS’ TESTIMONY IS INADMISSIBLE BECAUSE IT DOES NOT MEET THE REQUIREMENTS OF MD. RULE 5-702?

Thanner Enterprises, LLC v. Baltimore County, Maryland - Case No. 113, September Term 2008.

ISSUES - CONSTITUTIONAL LAW - (1) WHETHER THE BOARD OF LIQUOR LICENSE COMMISSIONERS EXCEEDED ITS AUTHORITY BY PROHIBITING THE APPELLANT FROM HAVING OUTSIDE MUSIC AT THE LICENSED PREMISES? (2) WHETHER THE BOARD OF LIQUOR LICENSE COMMISSIONERS’ DECISION WAS ARBITRARY AND UNREASONABLE?

In Re: Najasha B. - Case No. 114, September Term 2008.

ISSUE - COURTS AND JUDICIAL PROCEEDINGS - CINA - DID THE TRIAL COURT ERR AS A MATTER OF LAW WHEN IT DISMISSED THE PETITION WITHOUT HOLDING AN ADJUDICATORY HEARING AS REQUIRED BY STATUTE, COURT RULES AND THE PARENTS PATRIAE DOCTRINE?

C. Phillip Johnson Full Gospel Ministries, Inc. v. Investors Financial Services, LLC. - Case No. 115, September Term 2008.

ISSUE - CONTRACT LAW - IS A CONTRACT UNDER SEAL, WHICH RECITES THE CONSIDERATION UPON WHICH IT IS TO BE SUPPORTED VALID, EVEN THOUGH THE CONSIDERATION IS NOT GIVEN?

 

Denied November 5, 2008

Bridges, Brandon v. State - Pet. Docket No. 427 (petition and cross-petition).
From the Heart v. Zion - Pet. Docket No. 445
Furrow, Stanley v. State - Pet. Docket No. 415
Hill v. Anhalt - Pet. Docket No. 661 (September Term 2006)
Stevens v. Tokuda-Stevens - Pet. Docket No. 398

 

Denied November 12, 2008

Bailey, Thomas v. State - Pet. Docket No. 319
Baum, George E. v. State - Pet. Docket No. 594*
Bevan v. Hauggaard - Pet. Docket No. 312
Bishwokarma v. Singh - Pet. Docket No. 337
Boetcher v. Board of Physicians - Pet. Docket No. 317
Blanchard, Darryl A. v. State - Pet. Docket No. 316
Brooks, Paul Randall Jr. v. State - Pet. Docket No. 336
Brown, Lucius v. State - Pet. Docket No. 342
Callahan v. Systalex - Pet. Docket No. 321
Cochran v. Griffith Energy - Pet. Docket No. 310
Diller v. Diller - Pet. Docket No. 219 (motion for reconsideration)
Ecology Services v. Clym - Pet. Docket No. 324
Fairfax, Gerald T. v. State - Pet. Docket No. 340
Farrelly v. Mazer - Pet. Docket No. 323
Fedd, Semeion G. v. State - Pet. Docket No. 301
Feliz, Franklin v. State - Pet. Docket No. 341
Fisher v. MVA - Pet. Docket No. 334
Friedman v. Insurance Administration - Pet. Docket No. 215 (motion for reconsideration)
Galvin, In the Matter of Dorothy - Pet. Docket No. 315
Harbor Nautilus v. Monster Metal - Pet. Docket No. 242
Hill, Chauncey A. v. State - Pet. Docket No. 302
Hill, Terry Lee Jr. v. State - Pet. Docket No. 349
Jackson v. 2109 Brandywine - Pet. Docket No. 309 (and cross-petition)
Jackson, Nathaniel v. State - Pet. Docket No. 327
Johnson, Nathan Julius v. State - Pet. Docket No. 320
Lurz, Jay T. v. State - Pet. Docket No. 357
Manguri, Arsene B. v. State - Pet. Docket No. 338
Marina Cove HOA v. Marina Cove Development - Pet. Docket No. 311
Mercer v. Chervenak - Pet. Docket No. 351
Pizarro, Michael v. State - Pet. Docket No. 129
Reid v. Capital Remodeling - Pet. Docket No. 361
Rice, Paul Leslie v. State - Pet. Docket No. 79
Schaefer v. Backus - Pet. Docket No. 347
Seidler, Samuel Abrams v. State - Pet. Docket No. 359
Shell v. Cutler - Pet. Docket No. 80
Sligo-Branview v. Park & Planning - Pet. Docket No. 318
Smith, Kenneth Maurice v. State - Pet. Docket No. 322
Thurston, Richard A. v. State - Pet. Docket No. 329
Usiak, Norman C. v. State - Pet. Docket No. 326
Whiting v Rumbaugh - Pet. Docket No. 328
Williams, Latroy Dwayne v. State - Pet. Docket No. 325
Witherspoon v. Judges - Pet. Docket No. 345
WTC v. Perez - Pet. Docket No. 363