Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2009

 

Denied October 9, 2009

Bryant, Shawn v. State - Pet. Docket No. 269
Butler, Elaine Marie v. State - Pet. Docket No. 255
Eastridge, Matthew v. State - Pet. Docket No. 256
Elliot, Victor Lawrence v. State - Pet.Docket No. 270
Feaster, Isaiah T. v. State - Pet. Docket No. 264
Gurley-Bey v. Markoul - Pet. Docket No. 258
Gravatt v. Wolpoff - Pet. Docket No. 229
King v. Colmers - Pet. Docket No. 262
Langert v. Bildman - Pet. Docket No. 267
Lightner, Harry v. State - Pet. Docket No. 259
Martin, Michael B. v. State - Pet. Docket No. 263
Mattison, Glenn v. State - Pet. Docket No.189
Mendes, Fortunato J. v. State - Pet. Docket No.273
Schaeffer v. Drain - Pet. Docket No. 274
Walden Community v. Anne Arundel - Pet. Docket No. 257
Wilds v. Kemp - Pet. Docket No. 253

 

Granted October 6, 2009

Ocean Petroleum Co., Inc. v. Dorothy Yanek, et al. - Case No. 109, September Term 2009.

ISSUE - REAL PROPERTY - DID THE LOWER COURT MISAPPLY THE DOCTRINE OF MERGER TO THE OPTION-TO-PURCHASE PROVISION IN A LONG-TERM LEASE WHEN IT RULED THAT APPELLANT’S LEASE SHOULD NOT BE CONSIDERED IN ESTABLISHING THE FAIR MARKET VALUE OF APPELLEES’ LAND WHERE APPELLANT WAS THE BUYER BUT WOULD BE CONSIDERED IF THE BUYER WAS ANYONE ELSE?

Tshiwala, Benoit v. State - Case No. 108, September Term 2009.

ISSUE - CRIMINAL LAW - DOES A SENTENCE REVIEW PANEL CONVENED PURSUANT TO MD RULE 4-344 LACK JURISDICTION TO DENY A MOTION FOR RECONSIDERATION OF SENTENCE FILED PURSUANT TO RULE 4-345?

 

Granted October 5, 2009

Leon Steven Calloway v. State - Case No. 106, September Term 2009.

ISSUE - CRIMINAL LAW - DID THE LOWER COURTS ERR IN LIMITING DEFENSE COUNSEL’S CROSS-EXAMINATION OF THE STATE’S KEY WITNESS REGARDING HIS EXPECTATION OF LENIENCY FROM THE STATE?

DRD Pool Service, Inc. v. Thomas Freed, et al. -
Case No. 104, September Term 2009. (petition and cross-petition)

ISSUES - CONSTITUTIONAL LAW - (1) WHETHER A CLAIM FOR CONSCIOUS PAIN AND SUFFERING IN A SURVIVORSHIP ACTION CAN BE SUPPORTED SOLELY BY AN EXPERT OPINION IN THE ABSENCE OF CASE SPECIFIC INDEPENDENT OBJECTIVE EVIDENCE? (2) IS THERE ANY RATIONAL BASIS FOR THE COURT TO CONTINUE TO COUNTENANCE THE DISCRIMINATION AGAINST THE MOST SERIOUSLY INJURED NON-MEDICAL MALPRACTICE TORT CLAIMANTS THAT THE APPLICATION OF MD’S STATUTORY CAP ON NON-ECONOMIC DAMAGES CAUSES WHERE THERE IS NO EVIDENCE TO SUPPORT THE LEGISLATURE’S PRESUMPTION THAT THE CAP RESULTS IN LOWER LIABILITY INSURANCE PREMIUMS?

Mario Rodriguez Gutierrez v. State - Case No. 98, September Term 2009.

ISSUE - DID THE TRIAL COURT ERR BY ADMITTING “EXPERT” TESTIMONY REGARDING THE VIOLENT STREET GANG MS-13 SUCH THAT SAID TESTIMONY POTENTIALLY MISLEAD THE JURY TO BELIEVE THAT DEFENDANT’S POSSIBLE MEMBERSHIP IN SAID GANG CAUSED HIM TO FORM THE INTENT FOR PREMEDITATED MURDER RATHER THAN INFERRING SAID INTENT FROM THE FACTS OF THE CRIME?

Laquarie Donte Harvey v. State of Maryland - Case No. 99, September Term 2009.

ISSUES - CRIMINAL LAW - (1) DOES MD. RULE 4-326(d) REQUIRE THAT NOTIFICATION TO THE PARTIES OF THE RECEIPT OF ANY COMMUNICATION FROM THE JURY PERTAINING TO THE ACTION BE ON THE RECORD IN OPEN COURT OR IN WRITING AND FILED IN THE ACTION OR MERELY THAT THE COMMUNICATION ITSELF BE ON THE RECORD IN OPEN COURT OR IN WRITING AND FILED IN THE ACTION? (2) IS THE ABSENCE OF A NOTIFICATION ON THE RECORD PURSUANT TO MD. RULE 4-326(d) SUFFICIENT TO ESTABLISH THAT SUCH NOTIFICATION NEVER OCCURRED?

Jay Anthony Jones v. State - Case No. 100, September Term 2009. (petition and cross-petition)

ISSUES - CRIMINAL LAW - (1) DID THE TRIAL COURT ERR IN FAILING TO ALLOW PETITIONER TO OFFER ARGUMENT IN MITIGATION BEFORE IMPOSING SENTENCE? (2) DID PETITIONER FAIL TO PRESERVE HIS CLAIM THAT THE TRIAL COURT FAILED TO ALLOW HIM TO OFFER ARGUMENT IN MITIGATION BEFORE IMPOSING SENTENCE WHERE DEFENSE COUNSEL DID NOT REFER TO ANY MITIGATING FACTORS DURING THE RESENTENCING HEARING, DID NOT OBJECT TO THE RESENTENCING PROCEDURE AND STATED “OKAY” WHEN THE RESENTENCING COURT STATED “I DON’T BELIEVE THERE IS ANYTHING TO MITIGATE ON”?

In Re: Elrich S. - Case No. 101, September Term 2009.

ISSUES - JUVENILE - (1) WHETHER THE TRIAL COURT ERRED IN DENYING PETITIONER’S MOTION TO VACATE HIS JUVENILE DELINQUENCY FINDING ON THE BASIS THAT ASSUMING PETITIONER’S ATTORNEY WAS INEFFECTIVE, IT WOULD NOT BE IN PETITIONER’S BEST INTEREST TO VACATE THE DELINQUENCY FINDING? (2) WHETHER A JUDGE MAY ORDER THE PUBLIC DEFENDER TO STRIKE THEIR APPEARANCE IN A CASE AND PROVIDE A PRIVATE “PANEL” ATTORNEY TO REPRESENT THE ACCUSED? (3) WHETHER THE JUVENILE JUDGE ERRED IN FAILING TO RECUSE HERSELF FROM FURTHER PARTICIPATION IN THIS CASE AFTER SHE MADE CLEAR THAT HER ORDER, REQUIRING THE PUBLIC DEFENDER TO STRIKE ITS APPEARANCE WAS BASED UPON OPINIONS DERIVED FROM OUT-OF-COURT CONVERSATIONS WITH PERSONS UNRELATED TO THE CASE? (4) IS A MOTION TO VACATE UNDER RULE 11-116 AN APPEALABLE ORDER?

Thomas Smith v. State -
Case No. 102, September Term 2009.

ISSUES - CRIMINAL LAW - (1) DID THE LOWER COURT ERR IN AFFIRMING THE JUDGMENT BASED ON A GROUND CONCEDED BY THE STATE AT TRIAL AND ON APPEAL AND NOT DISCUSSED BY THE COURT OR PARTIES AT ORAL ARGUMENT? (2) DID THE LOWER COURT ERR IN HOLDING THAT PETITIONER WAS NOT IN CUSTODY FOR PURPOSES OF MIRANDA WHERE A POLICE SWAT TEAM RAIDED PETITIONER’S APARTMENT, HANDCUFFED PETITIONER AND HIS GUESTS, AND BLOCKED THE ENTRANCE AND EXIT WHILE A SEARCH OF PETITIONER’S APARTMENT WAS CONDUCTED? (3) DID THE LOWER COURT ERR IN HOLDING THAT PETITIONER WAS NOT SUBJECT TO INTERROGATION WHERE A LAW ENFORCEMENT OFFICIAL, KNOWING PETITIONER’S DESIRE TO PROTECT HIS GIRLFRIEND, CONFRONTED PETITIONER WITH INCRIMINATING EVIDENCE AN DECLARED HIS INTENTION TO ARREST PETITIONER’S GIRLFRIEND?

State v. Dean Cates, Randy Kucsan, Bill Tran and Dana Way -
Case No. 107, September Term 2009.

ISSUES - CRIMINAL LAW - (1) WHETHER A POLITICAL SUBDIVISION MAY TRANSFER LIABILITY TO A POLICE OFFICER FOR A SPEED MONITORING SYSTEM CITATION WHEN THE POLICE OFFICER WAS ON DUTY AND OPERATING AN EMERGENCY VEHICLE IN EXCESS OF THE SPEED LIMIT? (2) WHETHER A POLICE OFFICER IS ENTITLED TO “DUE PROCESS” BEFORE LIABILITY FOR A SPEED MONITORING SYSTEM CITATION MAY BE TRANSFERRED TO THE OFFICER?

State v. Emanuel Tejada - Case No. 103, September Term 2009.

ISSUES - CRIMINAL LAW - (1) DID LOWER COURT ERR IN DETERMINING THAT A COMPLAINT THAT THERE WAS NOT A SUFFICIENT NUMBER OF PROSPECTIVE JURORS DESIGNATED PRIOR TO THE BEGINNING OF THE EXERCISE OF PEREMPTORY CHALLENGES IS PRESERVED AS LONG AS A DEFENDANT WHO HAD NOT EXHAUSTED ALL OF HIS OR HER PEREMPTORY CHALLENGES OBJECTS BEFORE THE JURY IS SWORN? (2) DOES A PARTY WAIVE APPELLATE REVIEW OF THE ISSUE BY CONTINUING TO EXERCISE STRIKES AFTER THE ISSUE IS RAISED BY THE TRIAL COURT OR ANOTHER PARTY? (3) DOES THE TRIAL COURT HAVE DISCRETION TO REJECT A PARTY’S ATTEMPT TO RETRACT A WAIVER OF AN OBJECTION?

 

Denied October 2, 2009

Barreto v. Barreto - Pet. Docket No. 337
Brown v. WBAL-TV - Pet. Docket No. 313
In Re: Khamari S. - Pet. Docket No. 361