Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2008

 

Granted February 11, 2009

Richard C. Smith v. State - Case No. 1, September Term 2009.

ISSUES - CRIMINAL LAW - (1) DID THE LOWER COURT ERR IN DIRECTING THE TRIAL COURT TO ENTER A GUILTY VERDICT ON MISDEMEANOR THEFT WHERE THE STATE DID NOT PURSUE SUCH A CONVICTION AT TRIAL? (2) IS THE MISDEMEANOR THEFT CONVICTION ORDERED BY THE LOWER COURT IMPERMISSIBLY INCONSISTENT WITH TRIAL COURT’S ACQUITTAL ON THE FIRST DEGREE ASSAULT CHARGE?

Evelyn Susan Workman v. State - Case No. 2, September Term 2009.

ISSUE - CRIMINAL LAW - WHETHER THE TRIAL COURT PROPERLY EXERCISED ITS INHERENT AUTHORITY TO DISMISS CRIMINAL CHARGES AGAINST PETITION WHERE IT WAS NECESSARY TO PROTECT HER CONSTITUTIONAL RIGHT, TO COUNSEL AND TO A SPEEDY TRIAL?

Lydia Friedman, et al. v. Jerome B. Hannan - Case No. 3, September Term 2009.

ISSUES - ESTATES AND TRUSTS - (1) DID THE TRIAL COURT ERR IN DECIDING THE BEQUESTS TO PETITIONERS WERE CONDITIONED ON DECEDENT BEING MARRIED TO HIS EX-WIFE AT THE TIME OF HIS DEATH DESPITE THE FACT THERE WAS NO SUCH CONDITION SET FORTH IN THE WILL? (2) DID THE TRIAL COURT ERR IN DECIDING THE BEQUESTS TO PETITIONERS WERE CLASS GIFTS NOT INDIVIDUAL GIFTS DESPITE THE FACT THE BENEFICIARIES WERE INDIVIDUALLY NAMED IN THE WILL?

Earlene Burnside, et ux. v. Randall V. Wong, et al. - Case No. 4, September Term 2009.

ISSUES - MEDICAL NEGLIGENCE - VENUE - MAY A DEFENDANT’S CONTACTS WITH A MD COUNTY AT THE TIME OF HIS ALLEGED NEGLIGENCE BE CONSIDERED IN TRIAL COURT’S VENUE ANALYSIS, PURSUANT TO MD. CODE ANN., CTS. & JUD. PROC. SECTION 6-201(a)? (2) ARE A DEFENDANT PHYSICIAN’S ACTIVE MEDICAL PRIVILEGES AND ACADEMIC APPOINTMENTS AT VARIOUS HOSPITALS AND MEDICAL SCHOOLS LOCATED WITHIN A MD COUNTY SUFFICIENT CONTACT WITH THAT JURISDICTION TO SUBJECT THE DEFENDANT TO VENUE IN THAT COUNTY, PURSUANT TO MD. CODE ANN. CTS. & JUD. PROC. SECTION 6-201(a)? (3) DOES A PLAINTIFF’S MEDICAL INJURY OCCUR IN THE COUNTY WHERE A PLAINTIFF SUFFERS HARM RESULTING FROM THE NEGLIGENT ACT OF THE DEFENDANT FOR THE IMPOSITION OF VENUE IN THAT COUNTY, PURSUANT TO MD. CODE ANN., CTS. & JUD. PROC. SECTION 6-202(8)?

State v. Kevin George DiGennaro - Case No. 5, September Term 2009.

ISSUE - CRIMINAL LAW - IS THE TERM “OPERATING” CONTAINED IN SECTION 2-209 OF THE CRIMINAL LAW ARTICLE, DIFFERENT FROM THE TERMS “DRIVING” AND “CONTROLLING” AND, IF SO, DOES THE TERM “OPERATING” ENCOMPASS THE FAILURE OF A DRIVER OF A VEHICLE TO PERFORM DUTIES THAT THE DRIVER IS LEGALLY OBLIGATED TO PERFORM AS A RESULT OF HIS DRIVING THE VEHICLE?

Edwin Wright v. State - Case No. 6, September Term 2009.

ISSUE - CRIMINAL LAW - DID THE LOWER COURT CORRECTLY CONCLUDE THAT THE TRIAL COURT PROPERLY EXERCISED ITS DISCRETION IN ITS VOIR DIRE PROCEDURE?

Judith and Albert Schuele v. Case Handyman and Remodeling Services, LLC and Case esign/Remodeling, Inc. - Case No. 7, September Term 2009.

ISSUES - STATUTORY - (1) DID THE LOWER COURT ERR IN ADOPTING FEDERAL LAW AS CONTROLLING ON THE ISSUE OF WHETHER EQUITABLE ESTOPPEL COULD BE INVOKED BY A NON-PARTY TO A CONTRACT IN ORDER TO ENFORCE AN ARBITRATION PROVISION, RATHER THAN APPLYING STATE LAW TO DETERMINE THE PROVISION’S ENFORCEABILITY? (2) DID THE LOWER COURT ERR IN HOLDING THAT PETITIONERS WERE EQUITABLY ESTOPPED FROM AVOIDING CONTRACTUAL ARBITRATION WITH A NON-PARTY WHERE THE NON-PARTY DISAVOWS ANY COGNIZABLE CONNECTION TO THE CONTRACT AT ISSUE, AND WHERE THE AGREEMENT DOES NOT MANIFEST ANY INTENT OR AGREEMENT TO ARBITRATE THE LEGAL OR FACTUAL ISSUES RELATED TO RESPONDENTS’ OWN WRONGDOING?

Nathan Shenker, et al. v. Laureate Education, Inc., et al. - Case No. 8, Sept. Term 2009.

ISSUES - CONSTITUTIONAL LAW - CORPORATIONS AND ASSOCIATIONS (1) DID THE LOWER COURT ERR IN AFFIRMING THE TRIAL COURT’S DISMISSAL WITH PREJUDICE? (2) DID THE LOWER COURT ERR IN HOLDING THAT ANN. CODE OF MD, CORPORATIONS & ASSOCIATIONS ARTICLE BARS SHAREHOLDERS DIRECT CLAIMS AGAINST DIRECTORS FOR BREACHES OF FIDUCIARY DUTIES AND THEY DO NOT OWE DUTIES TO SHAREHOLDERS?

Office of the Public Defender, et al. v. State, et al. - Case No. 9, September Term 2009.

ISSUE - CRIMINAL LAW - (1) DID THE TRIAL COURT ERR IN ORDERING PUBLIC DEFENDER STAFF ATTORNEY/S TO REPRESENT A CRIMINAL DEFENDANT IN A CRIMINAL CASE AFTER THE PUBLIC DEFENDER DECLINED TO PROVIDE REPRESENTATION IN THE CASE? (2) DID THE TRIAL COURT ERR IN FINDING PETITIONER IN CONTEMPT?

Robert Bailey v. State - Case No. 10, September Term 2009 (cross-petition denied).

ISSUE - CRIMINAL LAW - DID THE LOWER COURT PROPERLY HOLD THAT THE OFFICER HAD BOTH REASONABLE SUSPICION TO STOP AND PROBABLE CAUSE TO ARREST PETITIONER FOR POSSESSION OF CDS?

Gary Agurs v. State - Case No. 11, September Term 2009 (cross-petition denied)

ISSUE - CRIMINAL LAW - WHETHER THE LOWER COURT MISCONSTRUED PATTERSON V. STATE, 401 MD. 76 (2007), AND ERRED IN FINDING GOOD FAITH WHERE THE SEARCH WARRANT WAS BASED ON AN AFFIDAVIT THAT WAS SO LACKING IN PROBABLE CAUSE AS TO RENDER OFFICIAL BELIEF IN ITS EXISTENCE ENTIRELY UNREASONABLE?

 

Denied February 13, 2009

Adams, Daniel James v. State - Pet. Docket No. 512
Biniak v. Biniak - Pet. Docket No. 500
Caldwell, Curtis Jay v. State - Pet. Docket No. 452
Citifinancial v. Redford - Pet. Docket No. 541
Connor v. Bowe-Connor - Pet. Docket No. 503
Early, Antone v. State - Pet. Docket No. 524
Feldman v. Intermodal Transportation - Pet. Docket No. 506
Hagner v. Rivers - Pet. Docket No.
537
Hinton, William R. II v. State - Pet. Docket no. 513
Holck v. Robins - Pet. Docket No. 519
Housing Trust v. New Design - Pet. Docket No. 531 (and cross-petition)
Huang v. Culbertman - Pet. Docket No. 269 motion for reconsideration
In Re: Alexander N. - Pet. Docket No. 534
In Re: Joshua S. - Pet. Docket No. 525
Ingram, Ransom Jr. v. State - Pet. Docket No. 528
Jacobs, DeCarlos J. v. State - Pet. Docket No. 535
Kanu v. Eight O'Clock Coffee - Pet. Docket No. 383 motion for reconsideration
Johnson, William v. State - Pet. Docket No. 505
Knuckles, Cameron v. State - Pet. Docket No. 505
Lampkins v. Prince George's County Schools - Pet. Docket No. 499
Latham, Kevin v. State - Pet. Docket No. 548
Lay, John R. v. State - Pet. Docket No. 542
Lee v. Luiza-Lee - Pet. Docket No. 547
Matter of Milbert Jones - Pet. Docket No. 540
McKay, Maurice E. v. State - Pet. Docket No. 515
Melvin v. Orphan's Court - Pet. Docket No. 508
Mitrano v. Kelly - Pet. Docket No. 544
Murray, Renard T. v. State - Pet. Docket No. 538
Nwadike v. Ba - Pet. Docket No. 496
Potomac River v. St. Mary's County - Pet. Docket No. 523
Procotor, James D. v. State - Pet. Docket No. 510
Rearden v. Sinai Hospital - Pet. Docket No. 511
Rice v. Koppell - Pet. Docket No. 539
Ritter v. Ritter - Pet. Docket No. 72 (2006 Term)
motion for reconsideration
Ritter v. Ritter - Pet. Docket No. 73 (2006 Term) motion for reconsideration
Ritter v. Ritter - Pet. Docket No. 74 (2006 Term) motion for reconsideration
Smith v. Parole Commission - Pet. Docket No. 546
State v. James Myers, Jr. - Pet. Docket No. 530
Warner v. Dimensions Health - Pet. Docket No. 527
Watson, Kenneth Wayne v. State - Pet. Docket No. 504
Whiting v. Rumbaugh - Pet. Docket No. 328 motion for reconsideration
Witherspoon, Anthony v. State - Pet. Docket No. 514