Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2009

 

Granted September 25, 2009

120 West Fayette Street, LLP v. Mayor and CityCouncil of Baltimore City, Baltimore Development Corp. and Lexington Square Partership, LLC - Case No. 96, September Term 2009.

ISSUES - (1) IN GRANTING SUMMARY JUDGMENT DID THE LOWER COURT ERR BY REFUSING TO RESOLVE ALL FACTS AND INFERENCES AGAINST MOVANT RESPONDENTS AND BY RECOGNIZING ONLY THE “FACTS” PRESENTED BY RESPONDENTS? (2) WHETHER THE LOWER COURT IMPROPERLY DENIED ON RIPENESS GROUNDS A DECLARATION OF RIGHTS ON THE OVERRIDING CONTROL OF THE 2001 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BALTIMORE AND THE STATE OF MD ON SUPERBLOCK REVITALIZATION AND HEIGHT RESTRICTIONS ON NEW CONSTRUCTION IN ANY WESTSIDE REVITALIZATION? (3) WAS THE CHALLENGED LAND DISPOSITION AGREEMENT MORE THAN A “MERE SALE OF LAND,” IN DEROGATION OF THE CITY CHARTER REQUIREMENTS FOR COMPETITIVE BIDDING AND ULTRA VIRES BECAUSE CEREMONIAL APPROVAL FOR THE LDA WAS ALL THAT REMAINED FOR THE BOARD OF ESTIMATES IN VIOLATION OF THE CITY CHARTER AND THE EXPRESS POWERS DOCTRINE?

 

Granted September 14, 2009

Kevin P. Clark v. Mayor Martin O'Malley - Case No. 93, September Term 2009 (petition and cross-petition).

ISSUE - CONSTITUTIONAL LAW - MAY A TRIAL COURT PROHIBIT AN OFFICE HOLDER’S RETURN TO OFFICE, WHERE THE COURT OF APPEALS HAS EXPRESSLY FOUND THAT THE OFFICE HOLDER WAS REMOVED FROM OFFICE ILLEGALLY?

Natasha Clark v. Mayor Martin O'Malley - Case No. 94, September Term 2009.

ISSUE - SHOULD PETITIONER HAVE BEEN PERMITTED TO INTERVENE IN THE UNDERLYING ACTION TO PROTECT HER PRIVACY INTEREST IN THE DOCUMENTS MADE PART OF THE RECORD IN THAT MATTER, REGARDLESS OF WHETHER SUBSTANTIVE RULINGS IN THAT MATTER TERMINATED THE UNDERLYING LITIGATION?

Diallo, Abdel Khader v. State - Case No. 91, September Term 2009. (petition granted limited to certain issues and cross-petition fully granted).

ISSUES - CRIMINAL LAW - (1) WHETHER THE LOWER COURTS ERRED IN HOLDING THAT PETITIONER DID NOT ENJOY DIPLOMATIC IMMUNITY FROM THE CRIMINAL JURISDICTION OF MD, BASED ON THE IMMUNITY OF HIS FATHER, A TOP-LEVEL U.N. DIPLOMAT, WHO THE UNITED NATIONS HAS CERTIFIED HAD IMMUNITY IN THE U.S. AT ALL RELEVANT TIMES? (2) WHETHER THE LOWER COURT ERRED WHEN IT RULED PETITIONER HAD WAIVED HIS RIGHT TO APPELLATE CHALLENGE ON APPEAL THE ISSUE OF THE COURT’S JURISDICTION BECAUSE HE HAD ALLEGEDLY NOT ADHERED MD. RULE 8-504(a)? (3) WHETHER THE LOWER COURT ERRED WHEN IT RULED THAT KNOWLEDGE OF A MANIFESTLY ERRONEOUS CERTIFICATION OF THE U.S. DEPARTMENT OF STATE, CALLED INTO QUESTION BY PETITIONER IN HIS MOTION FOR NEW TRIAL, SHOULD NOT BE IMPUTED TO THE STATE UNDER BRADY v. MARYLAND, 373 U.S. 83; 83 S.Ct. 1194; 10 L. Ed. 2d 215 AND MD RULE 4-263?

Joel Falik, et al. v. Clint Holthus, et ux. - Case No. 90, September Term 2009.

ISSUE - EXPERT WITNESS - DID THE TRIAL COURT ERR AS A MATTER OF LAW AND ABUSE ITS DISCRETION BY ORDERING PETITIONER, A DESIGNATED EXPERT WITNESS, TO PRODUCE FINANCIAL RECORDS FOR THE LAST TWO YEARS?

Grant, David v. State - Case No. 88, September Term 2009.

ISSUE - CRIMINAL LAW - DID THE TRIAL COURT ERR IN DENYING PETITIONER A POSTPONEMENT ON THE BASIS OF AN UNREVIEWABLE AND CONTESTED BELIEF THAT PETITIONER HAD REFUSED PUBLIC DEFENDER REPRESENTATION?

Motor Vehicle Administration v. Leonard Jaigobin - Case No. 89, September Term 2009.

ISSUE - TRANSPORTATION - DID THE TRIAL COURT ERR WHEN IT HELD THAT RESPONDENT’S PROBATION BEFORE JUDGMENT FOR VIOLATING MD CODE ANN. TRANSP. II, SECTION 21-902(a)(2) WAS NOT A “CONVICTION” UNDER THE MD COMMERCIAL DRIVER’S LICENSE ACT THAT MANDATED A DISQUALIFICATION OF HIS COMMERCIAL DRIVER’S LICENSE?

Rubin Paz-Rubio v. The Hon. Janice R. Ambrose - Case No. 92, September Term 2009.

ISSUES - (1) WHETHER A JUDGE HAS THE 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? (2) WHETHER THE CIRCUIT COURT HAS JURISDICTION BY CERTIORARI, OR BY OTHER WRIT, TO REVIEW THE RESPONDENT’S CONDUCT DESCRIBED ABOVE? (3) SHOULD CSA HAVE DISMISSED THE APPEAL FOR MOOTNESS?

Sidbury, Herbert Roosevelt v. State - Case No. 86, September Term 2009.

ISSUE - CRIMINAL LAW - DID THE TRIAL COURT ERR IN FAILING TO APPROPRIATELY RESPOND TO THE JURY QUESTION: “JUDGE, IF THE JURY IS HUNG ON THE DEGREE OF MURDER ‘FIRST OR SECOND,’ WILL THE DEFENDANT GO FREE”?

Spencer, Erick Leroy v. State - Case No. 87, September Term 2009.

ISSUE - CRIMINAL LAW - DID THE LOWER COURT CORRECTLY HOLD THAT THE EVIDENCE WAS SUFFICIENT TO SUSTAIN THE PETITIONER’S ROBBERY CONVICTION?

State v. Caleb Micha Pair - Case No. 95, September Term 2009.

ISSUE - CRIMINAL LAW - DID THE TRIAL COURT ERR IN DISMISSING THE CHARGES ON THE BASIS OF VIOLATION OF THE 180-DAY PERIOD OF THE INTERSTATE AGREEMENT ON DETAINERS WHERE THE TRIAL COURT FAILED TO TOLL THE 180-DAY PERIOD AS REQUIRED AFTER DELAWARE REFUSED TO TRANSFER RESPONDENT AND HE WAS UNABLE TO STAND TRIAL IN MARYLAND AS A RESULT?

 

Denied September 14, 2009

Akl v. Florin - Pet. Docket No. 213
All State v. Daniel - Pet. Docket No. 240
Alston, Curtis W. v. State - Pet. Docket No. 207
Apoh, Koffi Amey v. State - Pet. Docket No. 250
Ayres v. Barrett - Pet. Docket No. 228
Barnes, Kenneth E. Jr. v. State - Pet. Docket No. 156
Barufaldi v. Ocean City - Pet. Docket No. 214
Chenkeli v. Byalyy - Pet. Docket No. 182
Brock, Franklin D. v. State - Pet. Docket No. 236
Brown v. Employees Retirement - Pet. Docket No. 237
Comber v. Spesick - Pet. Docket No. 222<
Cooper, Brian C. v. State - Pet. Docket No. 109 (motion for reconsideration)
Cooper v. Bowen - Pet. Docket No. 238
Copper, Norman R. Jr. v. State - Pet. Docket No. 205
Crawford, Ty'Ree v. State - Pet. Docket No. 203
D and S v. Americorp - Pet. Docket No. 201
Dickerson, Brian E. v. State - Pet. Docket No. 183
Green v. Holden - Pet. Docket No. 181
Gross, Charles v. State - Pet. Docket No. 243 (petition and cross petition)
Helle v. Helle - Pet. Docket No. 224
Higgins, Kenneth L. v. State - Pet. Docket No. 200
In Re: Adoption of Ian S. - Pet. Docket No. 5
In Re: Adoption of Mighty S. - Pet. Docket No. 233
In Re: William S. - Pet. Docket No. 208
Jaffar v. Heartland Run - Pet. Docket No. 142
Johnson, Julian A. v. State - Pet. Docket No. 210
Maier v. Maier - Pet. Docket No. 247
Markey v. Griffin - Pet. Docket No. 128 (motion for reconsideration)
Mayes, Norman L. v. State - Pet. Docket No. 225
McGhee, Antonio L. v. State - Pet. Docket No. 206
Moses, Kevin D. v. State - Pet. Docket No. 245
Norman v. Borison - Pet. Docket No. 251
Peoples, Willie E. Jr. v. State - Pet. Docket No. 169
Ramirez, Edinson H. v. State - Pet. Docket No. 71
Rhodes, Roger Lee v. State - Pet. Docket No. 244
Robinson, William L. Jr. v. State - Pet. Docket No. 82
Ross, Brent v. State - Pet. Docket No. 211
Roy v. MVA - Pet. Docket No. 202
Ruiz, Jose L. v. State - Pet. Docket No. 204
Saunders, Raymond E. v. State - Pet. Docket No. 184
Siford v. Legal Mutual - Pet. Docket No. 209
Singh v. Supervisor - Pet. Docket No. 86 (motion for reconsideration)
Sweetney, Michael A. v. State - Pet. Docket No. 249
Thomas, Brandon J. v. State - Pet. Docket No. 232
Tyre, James Henry v. State - Pet. Docket No. 216
Venter b. Board of Education - Pet. Docket No. 223
Wilson, Corey S. v. State - Pet. Docket No. 218