Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2009

 

Denied February 16, 2010

Brown v. Handgun Review - Pet. Docket No. 507
Byrd v. Attorney Grievance - Pet. Docket No. 514
Cape Improvement v. River Bay - Pet. Docket No. 490
Carey v. Woods - Pet. Docket No. 480
Chaney v. Miller - Pet. Docket No. 491
Cioffioni v. Dept. of Corrections - Pet. Docket No. 489
Coleman, Leon v. State - Pet. Docket No. 459
Davis v. Md. Dept. of Educatuion - Pet. Docket No. 387 (motion for reconsideration)
Deal, Curtis v. State - Pet. Docket No. 479
Faulkner, Alvin v. State - Pet. Docket No. 500
George v. Church-Purnell - Pet. Docket No. 449
Gibson, Michael L. v. State - Pet. Docket No.515
Gray, John v. State - Pet. Docket No. 399
Griffin, Warren M. v. State - Pet. Docket No. 478
Guzey v. Gladden - Pet. Docket No. 355
Hall, Rashaan A. v. State - Pet. Docket No. 499
Holton, Helen L. v. State - Pet. Docket No. 531
In Re: Enos F. - Pet. Docket No. 477
In Re: Nasirah C. - Pet. Docket No. 488
ISG Sparrows Point v. Elste - Pet. Docket No. 498
Johnson, James M. v. State - Pet. Docket No. 493
Johnson, Paul David v. State - Pet. Docket No. 495
Jones, Lanol Williams v. State - Pet. Docket No. 517
Kalos v. Centennial Surety - Pet. Docket No. 476
Kline v. Knight - Pet. Docket No. 298 (motion for reconsideration)
Lambert v. Baltimore - Pet. Docket No. 496
Moore, Mark Wayne v. State - Pet. Docket No. 501
Olde Severna Park v. Barry - Pet. Docket No. 504 and cross-petition( both denied)
Opara v. Sunshine Financial - Pet. Docket No. 497
Ramos, Jose v. State - Pet. Docket No. 484
Russell v. Cecil County - Pet. Docket No. 510
Scott, Warren L. v. State - Pet. Docket No. 333 (motion for reconsideration)
Sinclair, Jason Lee v. State - Pet. Docket No. 503
Smith, Tammy D. v. State - Pet. Docket No. 513
Smith, Anthony v. State - Pet. Docket No. 513
Taylor, Thomas v. State - Pet. Docket No. 427
Thompson v. Thompson - Pet. Docket No. 483
Utica Mutual v. State Farm - Pet. Docket No. 475
Welcher, Mark A. Jr. v. State - Pet. Docket No. 494
Wincopia Farms v. Goozman - Pet. Docket No. 511

 

Granted February 9, 2010

Johns Hopkins Bayview Medical Center v. Thomas Carr - Case No. 13, September Term 2010.

ISSUE - ESTATES AND TRUSTS - DOES MARYLAND’S GUARDIANSHIP STATUTE PERMIT TRIAL COURT TO REFUSE TO APPOINT GUARDIAN FOR AN INDIVIDUAL WHO THE COURT FINDS ON BASIS OF CLEAR AND CONVINCING MEDICAL TESTIMONY AND OTHER EVIDENCE LACKS UNDERSTANDING OR CAPACITY TO MAKE OR COMMUNICATE A RESPONSIBLE DECISION CONCERNING HIS PERSON BECAUSE OF A DISABILITY, WHEN COURT’S REFUSAL IS BASED ON INDIVIDUAL’S OBJECTION TO GUARDIANSHIP AND ANTICIPATED LACK OF COOPERATION?

Eugene Edward Gardner v. State -
Case No. 11, September Term 2010.

ISSUE - CRIMINAL LAW - IS TRIAL COURT BOUND BY THE ORIGINAL TRIAL JUDGE’S SENTENCE OR A SUBSEQUENT SENTENCE IMPOSED BY THREE-JUDGE PANEL WHERE RETRIAL AND CONVICTION FOLLOW SUCCESSFUL APPEAL AND CTS. & JUD. PROC. ART. SECTION 12-702(b) PROHIBITS A COURT FROM IMPOSING A SENTENCE MORE SEVERE THAN THE SENTENCE PREVIOUSLY IMPOSED EXCEPT IN CERTAIN CIRCUMSTANCES?


Shaoaib Hashmi v. Troy Bennett, et al. -
Case No. 15, September Term 2010.

ISSUE - JOINT TORTFEASORS - (1) WHAT ARE STANDARDS FOR DETERMINING HOW MANY JOINT TORTFEASORS PROPERLY SHOULD BE ATTRIBUTED TO A HOSPITAL WHERE LIABILITY IS VICARIOUS ONLY FOR ACTIONS OF ITS EMPLOYEES AND AGENTS? (2) WHAT ARE STANDARDS FOR INTERPRETING A JOINT-TORTFEASOR RELEASE IN FAVOR OF A HOSPITAL WITH MULTIPLE ALLEGEDLY NEGLIGENT EMPLOYEES OR AGENTS? (3) WHAT PROCEDURAL RECOURSE DOES A NON-SETTLING DEFENDANT HAVE TO CHALLENGE THE ALLOCATION OF JOINT-TORTFEASORS SHARES MADE IN A JOINT-TORTFEASOR RELEASE IN FAVOR OF A CO-DEFENDANT HOSPITAL WITH MULTIPLE ALLEGEDLY NEGLIGENT EMPLOYEES OR AGENTS?

Elliott McClain v. State - Case No. 17, September Term 2010.

 

Alexander H. Neustadter, et al. v. Holy Cross Hospital of Silver Spring, Inc. - Case No. 12, September Term 2010.

ISSUE - CONSTITUTIONAL LAW - WHETHER PETITIONER’S RIGHT TO RELIGIOUS FREEDOM WAS VIOLATED WHEN COURT REQUIRED TRIAL TO PROCEED IN THE ABSENCE OF PETITIONER AND HIS COUNSEL OVER COURSE OF TWO DAYS THAT PETITIONER’S JEWISH ORTHODOX FAITH REQUIRED HIM TO STRICTLY OBSERVE AS DAYS OF WORSHIP?

Juanita Robinson v. State - Case No. 14, September Term 2010.

ISSUES - CRIMINAL LAW - (1) DID COURTS BELOW ERR IN HOLDING THAT PETITIONER WAS NOT IN “CUSTODY” FOR PURPOSES OF THE RULE OF MIRANDA V. ARIZONA WHERE PETITIONER, SUSPECTED IN A MURDER, WAS PLACED IN POLICE SQUAD CAR WITH BAGS ON HER HANDS TO PRESERVE EVIDENCE AND SUBSEQUENTLY PLACED FOR SEVERAL HOURS IN A “HOLDING CELL”? (2) DID TRIAL COURT ERR IN ITS RESPONSES TO TWO NOTES FROM JURY IN A MANNER WHICH INTERFERED WITH JURY’S AUTHORITY TO DRAW REASONABLE AND EXCULPATORY INFERENCES FROM THE EVIDENCE?

Julia M. Taylor v. Giant of Maryland, LLC - Case No. 9, September Term 2010.

ISSUES - EMPLOYMENT - LABOR MANAGEMENT RELATIONS ACT - (1) HAS LOWER COURT CREATED A NEW STANDARD FOR COMPARATOR EVIDENCE AND “ADVERSE EMPLOYMENT ACTION”? (2) DID PETITIONER PRESENT LEGALLY SUFFICIENT EVIDENCE THAT SHE WAS SUBJECTED TO RETALIATORY TREATMENT BY RESPONDENT? (3) DOES LOWER COURT’S OPINION ANNOUNCE AN APPLICATION OF PREEMPTION LAW WHICH IS CONTRARY TO EXISTING LAW?

Julia M. Taylor v. Giant of Maryland, LLC -
Case No. 10, September Term 2010.

ISSUE - ATTORNEY’S FEES - DID LOWER COURT HAVE JURISDICTION TO CONSIDER SECOND APPEAL WHERE RESPONDENT FILED A NOTICE OF APPEAL 34 DAYS AFTER ENTRY OF A COLLATERAL ORDER FOR ATTORNEY’S FEES FOLLOWING JUDGMENT ON THE MERITS?

Charles Francis Williams, Jr. v. State -
Case No. 16, September Term 2010.

ISSUE - CRIMINAL LAW - ARE MD. CODE ANN. CRIMINAL LAW SECTION 4-203, PUBLIC SAFETY ART. SECTIONS 5-301 ET. SEQ. AND COMAR 29.03.02.04 UNCONSTITUTIONAL IN LIGHT OF HELLER V. DISTRICT OF COLUMBIA?

 

Denied February 5, 2010

Quade v. MVA - Pet. Docket No. 548.