Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2008

 

Granted March 23, 2009

Mayor and City Council of Baltimore v. East Oliver Street Limited Partnership - Case No. 158, September Term 2008.

 

Granted March 11, 2009

Arnold Houghton v. Cheryl Forrest - Case No. 12, September Term 2009. (Petition and Cross-Petition)

ISSUES - CONSTITUTIONAL LAW - TORTS - (1) CAN PUBLIC OFFICIAL BE PROTECTED BY QUALIFIED IMMUNITY FROM LIABILITY FOR (a) A NON-NEGLIGENT DISCRETIONARY ACT DONE IN THE FURTHERANCE OF OFFICIAL DUTIES (b) AN INTENTIONAL ACT THAT ARISES FROM AND IS THE DIRECT RESULT OF NEGLIGENCE? (2) DID THE LOWER COURT OVERSTEP ITS AUTHORITY WHEN IT ACTED AS THE FACT FINDER IN DETERMINING THE INTENTIONS OF PETITIONER AND DETERMINING WHICH INFERENCES TO ACCEPT IN CONCLUDING THAT PLAINTIFF FAILED TO PROVE MALICE?

Tracy Wendell Adams v. State - Case No. 13, September Term 2009.

ISSUE - CRIMINAL LAW - DID THE TRIAL JUDGE ERR IN REFUSING TO PERMIT THE JURY TO REVIEW THE TAPE OF ALLEGED DRUG TRANSACTION WHICH HAD BEEN ADMITTED INTO EVIDENCE?

State v. Isa Manuel Santiago - Case No. 14, September Term 2009.

ISSUE - CRIMINAL LAW - DID THE LOWER COURT ERR IN HOLDING THAT A CRIMINAL DEFENDANT CANNOT WAIVE HIS COMPLAINT ABOUT THE FAILURE TO POLL OR HEARKEN THE JURY?

Shirley L. Suder v. Whiteford, Taylor & Preston, LLP, et al. - Case No. 15, September Term 2009.

ISSUES - LEGAL MALPRACTICE - ESTATES AND TRUSTS - (1) CAN DEFENDANT IN A LEGAL MALPRACTICE CASE RELY ON AN AFFIRMATIVE OR MANDATORY DEFENSE THAT WAS CONCLUSIVELY WAIVED BY THE PARTY-OPPONENT IN THE UNDERLYING CASE? (2) DOES THE “CASE-WITHIN-A-CASE” METHODOLOGY PERMIT A COURT TO SPECULATE ABOUT WHAT MIGHT HAVE HAPPENED IN THE ABSENCE OF A LAWYER’S NEGLIGENCE? (3) DID THE LOWER COURT ERR IN REVERSING TRIAL COURT’S DETERMINATION THAT RESPONDENT’S NEGLIGENCE WAS THE PROXIMATE CAUSE OF PETITIONER’S DAMAGES?

Omar Nathan McClennan v. State - Case No. 16, September Term 2009.

ISSUE - CRIMINAL LAW - DID THE TRIAL COURT ERR IN REFUSING TO ALLOW DEFENSE WITNESSES TO TESTIFY ON PETITIONER’S BEHALF?

Isaac C. Dallas v. State - Case No. 17, September Term 2009.

ISSUE - CRIMINAL LAW - DID THE TRIAL COURT ERR IN REFUSING TO RULE ON THE ADMISSIBILITY OF PRIOR CONVICTIONS UNDER MD. RULE 5-609 UNTIL AFTER APPELLANT COMPLETED HIS DIRECT TESTIMONY BEFORE THE JURY?

Rungrudee Nonceeya v. Lone State Steakhouse - Case No. 18, September Term 2009.

ISSUES - CONSTITUTIONAL LAW - SUMMARY JUDGMENT - (1) WHEN A CIVIL LITIGANT REQUIRES A FOREIGN LANGUAGE TRANSLATOR IN A CIVIL PROCEEDING BEFORE THE COURT AND A WRITTEN REQUEST IS MADE AND APPROVED BY THE COURT, IS THE LITIGANT ALSO ENTITLED TO A TRANSLATOR WHEN BEING DEPOSED BY ORAL DEPOSITION? (2) WHEN A CIVIL LITIGANT MAKES A REQUEST TO HAVE A FOREIGN LANGUAGE TRANSLATOR EITHER IN COURT OR AT AN ORAL DEPOSITION, WHAT ARE THE REQUIREMENTS FOR DETERMINING WHEN A LITIGANT HAS WAIVED SUCH A REQUEST FOR A FOREIGN LANGUAGE TRANSLATOR?

Maryland-National Capital Park and Planning Commission, et al. v. Greater Baden-Aquasco Citizens Association, et al.- Case No. 19, September Term 2009.

ISSUES - (1) DOES THE LOWER COURT’S DECISION IMPROPERLY USURP THE COUNTY COUNCIL’S LEGISLATIVE FUNCTION BY IMPOSING AN INTERPRETATION OF THE GENERAL PLAN THAT THE COUNCIL EXPRESSLY DID NOT INTEND? (2) WOULD THE LOWER COURT’S DECISION UNDULY SUBJECT THE COMMISSION TO INNUMERABLE BASELESS LAWSUITS AND EFFECT A DE FACTO MORATORIUM ON DEVELOPMENT IN THE COUNTY’S RURAL TIER?

Hayward T. Henderson v. State - Case No. 20, September Term 2009.

ISSUE - CRIMINAL LAW - DID THE LOWER COURT CORRECTLY CONCLUDE THAT THE MOTIONS COURT DID NOT ERR IN DENYING PETITIONER’S MOTION TO SUPPRESS EVIDENCE OF CRACK COCAINE RECOVERED FROM HIS PERSON?

State v. Andre Lynn Prue - Case No. 21, September Term 2009.

ISSUES - CRIMINAL LAW - (1) DID RESPONDENT FAIL TO PRESERVE HIS CLAIM THAT THE DOCKET ENTRIES WERE INCORRECT? (2) DID THE LOWER COURT INCORRECTLY HOLD THAT THE TRIAL COURT FAILED TO RENDER A VERDICT AS TO COUNTS THREE THROUGH EIGHT OF THE INDICTMENT, AND THEREBY ACQUITTED RESPONDENT OF THOSE COUNTS? (3) DID THE LOWER COURT INCORRECTLY HOLD THAT IT COULD NOT CONSIDER REMARKS MADE BY THE TRIAL JUDGE BEFORE THE VERDICT TO DETERMINE THE TRIAL JUDGE’S INTENT IN RENDERING HIS VERDICT?

Robert L. Thomas v. State - Case No. 22, September Term 2009.

ISSUES - CRIMINAL LAW - (1) DID THE TRIAL COURT ERR IN INSTRUCTING JURY THAT IT IS NOT A DEFENSE TO THE CRIME OF BRIBERY THAT THE PUBLIC EMPLOYEE DID NOT HAVE THE ACTUAL AUTHORITY, POWER OR ABILITY TO PERFORM THE ACT FOR WHICH PAYMENT WAS DEMANDED OR RECEIVED? (2) DID THE TRIAL COURT ERR BY ALLOWING A WITNESS FOR THE STATE TO TESTIFY TO HIS OPINION REGARDING PETITIONER’S ROLE IN THE ALLEGED BRIBERY SCHEME?

Joseph M. Della Ratta, et al. v. Edward J. Dyas, Jr. - Case No. 23, September Term 2009.

ISSUES - CORPORATIONS & ASSOCIATIONS - (1) DID THE TRIAL COURT HAVE THE SUBJECT MATTER JURISDICTION TO DISSOLVE BAY VIEW CONDOMINIUMS, LLC AND JUDICIALLY SUPERVISE THE WINDING UP OF SPA MOTEL GENERAL PARTNERSHIP? (2) DID THE TRIAL COURT ERR BY REFUSING TO ALLOW PETITIONER THE OPPORTUNITY TO INTRODUCE PROFFERED EXHIBIT L26 INTO THE RECORD BEFORE THE COURT APPOINTED AUDITOR DURING THE ACCOUNTING PHASE OF THE CASE AND DID THE LOWER COURT ERR BY AFFIRMING THAT DECISION?

 

Denied March 13, 2009

ABS Moving v. Edwards - Pet. Docket No. 599
Ball, Charles S. v. State - Pet. Docket No. 553
Baltimore v. Norton - Pet. Docket No. 585
Brown v. Bonsu - Pet. Docket No. 561
Byrd v. Wolpoff - Pet. Docket No. 608
Covington v. State Wide Septic - Pet. Docket No. 575
DeLoach v. Hampton Point - Pet. Doket No. 186
Faulkner, Alvin v. State - Pet. Docket No. 389 (motion for reconsideration)
Gehman v. Riviere - Pet. Docket No. 563
Gnahoua v. Gnahoua - Pet. Docket No. 442 (motion for reconsideration)
Griffin, Warren Michael v. State - Pet. Docket No. 569
Grimes, Jason Eric v. State - Pet. Docket No. 559 (petition and cross-petition)
Hall v. PTB - Pet. Docket No. 411 (motion for consideration)
Harden v. Henderson - Pet. Docket No. 554
Hickman, Ellis Lee Jr. v. State - Pet. Docket No. 589
Hong, Dora v. State - Pet. Docket No. 566
In Re: Adoption of Daniel S. Jr. and Trevor S. - Pet. Docket No. 558
In Re: Marcus M. - Pet. Docket No. 557
Jefferson, Edward v. State - Pet. Docket No. 572
Johnson v. Baltimore - Pet. Docket No. 598
McGowen, Raymond v. State - Pet. Docket No. 552
McKeever, Reginald v. State - Pet. Docket No. 570
Montalbano v. MBNA - Pet. Docket No. 405 (motion for reconsderation)
Pardinas-Ocana v. El Harizi - Pet. Docket No. 582
Pierce, James Howard Jr. v. State - Pet. Docket No. 571
Rideheaver v. Margroff - Pet. Docket No. 577
Rudder, Isiah Michael v. State - Pet. Docket No. 438 (motion for reconsderation)
Sack v. American Builders - Pet. Docket No. 576
Seals, James B. Jr. v. State - Pet. Docket No. 562
Stansfield, Tamara v. State - Pet. Docket No. 551
Stinney, Terry v. State - Pet. Docket No. 388 (motion for reconsideration)
Swick v. Sterling Medical - Pet. Docket No. 578
Tillman v. Rice - Pet. Docket No. 590
Turner, William Cleveland v. State - Pet. Docket No. 580
Washington, Gregory Lavelle Jr. v. State - Pet. Docket No. 621
Webb, Benjamin Mack v. State - Pet. Docket No. 584
Williams, Michael A. v. State - Pet. Docket No. 574
XTel v. Travessa - Pet. Docket No. 365
XTel v. Cunha - Pet. Docket No. 366
Young v. Holderness - Pet. Doket No. 573