Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2008

 

Granted July 17, 2009

Catalyst Health v. Magill - Case No. 80, September Term 2009.

ISSUES - EMPLOYMENT - (1) DID THE LOWER COURT ERR IN HOLDING THAT UNVESTED STOCK OPTIONS CONSTITUTE “WAGES” “PROMISED FOR SERVICE” UNDER THE MD WAGE PAYMENT & COLLECTION ACT (MWPCA) WHEN THEY WERE CONDITIONALLY GRANTED PURSUANT TO AN UNAMBIGUOUS WRITTEN AGREEMENT AND THE SERVICE CONDITIONS WERE NOT FULFILLED? (2) DID THE LOWER COURT ERR BY REWRITING THE TERMS OF THE PARTIES’ GRANT AGREEMENTS IN FORMULATING A DAMAGES AWARD?

Lockshin v. Semsker - Case No. 78, September Term 2009. (Petition and cross-petition both granted)

ISSUES - STATUTORY - MEDICAL MALPRACTICE - (1) WHETHER THE LOWER COURT ERRED IN HOLDING THAT THE CAP ON NON-ECONOMIC DAMAGES IN CJP SECTION 3-2A-09 DOES NOT APPLY TO HEALTH CARE MALPRACTICE CLAIMS IN WHICH ARBITRATION HAS BEEN WAIVED? (2) WHETHER THE LOWER COURT ERRED IN HOLDING THAT, IF THE CAP DOES APPLY TO CLAIMS IN WHICH ARBITRATION HAS BEEN WAIVED, THE COURT SHOULD APPLY A PRO RATA JOINT TORTFEASOR REDUCTION PRIOR TO APPLYING THE LIMITATION ON NON-ECONOMIC DAMAGES? (3) WHETHER THE LOWER COURT ERRED IN HOLDING THAT CJP SECTION 3-2A-09(d)(l) DOES NOT MANDATE A REDUCTION OF THE VERDICT TO EXCLUDE PAST MEDICAL EXPENSES THAT WERE NOT, AND WILL NOT BE PAID BY OR ON BEHALF OF THE PATIENT?

Miller, Anthony Jerome v. State - Case No.. 77, September Term 2009. (Petition and cross-petition both granted)

ISSUE - CRIMINAL LAW - DID THE LOWER COURTS ERR BY RULING ADMISSIBLE A HANDWRITING EXPERT’S TESTIMONY THAT PETITIONER MIGHT HAVE WRITTEN THE VICTIM’S SIGNATURE ON AN IMPORTANT QUESTIONED DOCUMENT AND THAT, BASED ON HIS COMPARISON OF DOCUMENTS WHILE ON THE STAND TESTIFYING, THE “GENERAL APPEARANCE” OF THE HANDWRITING ON THE QUESTIONED DOCUMENT DID NOT MATCH THE VICTIM’S HANDWRITING?

Pease v. Wachovia - Case No. 76, September Term 2009.

ISSUE - TORTS - DOES THE STATUTE WHICH BARS ENFORCEMENT OF CREDIT AGREEMENTS, UNLESS THE AGREEMENTS ARE IN WRITING, AND THE CSA DECISION IN ST SYSTEMS CORP. v. MD NAT’L BANK, 112 Md. App. 20 PROHIBIT TORT CLAIM DEFENSES TO A BANK’S CONFESSED JUDGMENT CLAIM WHERE THE DEFENDANTS ALLEGE THE BANK VIOLATED STANDARD BANKING PRACTICES TO FRAUDULENTLY AND NEGLIGENTLY INDUCE A BORROWER TO ACCEPT THE BANK’S LOAN OF OVER $1 MILLION DOLLARS?

Talbot County v. Miles Point / Talbot County v. Shore Lands - Case No. 79, September Term 2009.

ISSUES - ADMINISTRATIVE - ENVIRONMENT - (1) DID THE BOARD OF APPEALS CORRECTLY DECIDE IT HAD NO JURISDICTION UNDER THE EXPRESS POWERS ACT, ARTICLE 25A, SECTION 5 (U) TO REVIEW THE COUNTY COUNCIL’S VOTE DECLINING TO APPROVE THE PROPOSED AMENDMENTS TO THE COUNTY COMPREHENSIVE WATER AND SEWER PLAN? (2) DID THE BOARD OF APPEALS CORRECTLY DECIDE IT HAD NO JURISDICTION UNDER TALBOT COUNTY CHARTER SECTION 502 (4) BECAUSE THE COUNTY COUNCIL’S ACTION WAS NOT AN EXECUTIVE, ADMINISTRATIVE OR ADJUDICATORY ORDER, THE COUNCIL’S ACTION WAS A LEGISLATIVE ACT, AND BECAUSE OF THE PROHIBITION IN MD CONSTITUTION SECTION XI-A, SECTION 2 PROHIBITING COUNTY CHARTERS FROM ENLARGING OR EXPANDING EXPRESS POWERS GRANTED BY THE GENERAL ASSEMBLY? (3) IS THE CORRECT METHOD FOR REVIEW OF THE COUNTY COUNCIL’S ACTION TO INVOKE THE ORIGINAL JURISDICTION OF THE LOWER COURT AND NOT TO FILE AN ADMINISTRATIVE APPEAL TO THE BOARD OF APPEALS?

Usiak, Norman C. v. State - Case No. 75, September Term 2009.

ISSUES - CRIMINAL LAW - (1) DID THE LOWER COURT ERR BY REFUSING TO CONSIDER THE PETITIONER’S AFFIDAVIT OF DEFENSE? (2) WHETHER A JUDGE HAS AUTHORITY TO REFUSE TO ALLOW THE STATE TO STET A DRIVING WITHOUT A LICENSE CHARGE ON PERSONAL POLICY GROUNDS WHEN THE STATE AND THE ACCUSED CONSENT TO THE ENTRY AND THE CONDITIONS UPON THE ENTRY ARE NON-OBJECTIONABLE AND LAUDABLE? (3) SHOULD THE JUDGE HAVE SUMMARILY DECLARED PETITIONER IN CONTEMPT AFTER THE MATTER WAS REMANDED AND SEVERAL MONTHS HAD TRANSPIRED?

 

Denied July 21, 2009

Baltimore v. Price - Pet. Docket No. 155*
Billet, Robert v. State - Pet. Docket No. 152*
Black v. Cecil County - Pet. Docket No. 58*
Coughenour, Cathy Sue v. State - Pet. Docket No. 78*
Davis, Arnold M. v. State - Pet. Docket No. 102*
Feaster, Princeton v. State - Pet. Docket No. 151*
Goldring, Clifton Jerome v. State - Pet. Docket No. 149*
Jones, Stevie A. v. State - Pet. Docket No. 143*
Kelly, Anthony v. State - Pet. Docket No. 160*
King, Jamaal James v. State - Pet. Docket No. 138*
Kitchen v. Dept. of Corrections - Pet. Docket No. 145*
Parker, Keith Leon v. State - Pet. Docket No. 137* (petition and cross-petition denied)
Schmitz v. Schmitz - Pet. Docket No. 196*
Smith, Robert Earl v. State - Pet. Docket No. 144*
Smith v. Friedman - Pet. Docket No. 665 (motion for reconsideration)
Tomey v. Lambdin - Pet. Docket No. 199*
Wilks, Altimont M. v. State - Pet. Docket No. 147*
Wimbush, Johnnie E. Jr. v. State - Pet. Docket No. 150*
Winkey, Craig v. State - Pet. Docket No. 141* (petition and cross-petition denied)
Witherspoon v. Towson University Police - Pet. Docket No. 148*


* September Term 2009