Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2009

 

Denied May 14, 2010

Alvarez, Carlos Domingo v. State - Pet. Docket No. 8
Amaya, Adolfo v. State - Pet. Docket No. 586*
Arey v. Conway - Pet. Docket No. 590*
Awah v Credit Control - Pet. Docket No. 519*
Bentley, Edward v. State - Pet. Docket No. 563*
Berry v. Levering - Pet. Docket No.533* (motion for reconsiderartion)
Butler v. DelPino - Pet. Docket No. 580*
Byrd, Victor v. State - Pet. Docket No. 17
Cherry v. Padusi - Pet. Docket No. 577*
Collins, Leanile v. State - Pet. Docket No. 606*
Collins/Snoops v. CJF - Pet. Docket No. 588*
Corbin, Willie Frank v. State - Pet. Docket No. 21
Cox, Thomas R. v. State - Pet. Docket No. 559*
Edmond v. Maher - Pet. Docket No. 540*
Fisher, Randell v. State - Pet. Docket No. 5
Flores-Montalban, Walter v. State - Pet. Docket No. 22
Gooner v. Spry - Pet. Docket No. 600*
Gordon v. Daria Land - Pet. Docket No. 597*
Gray, John v. State - Pet. Docket No. 399 (motion for reconsideration)
Greene, LeShawn C. v. State - Pet. Docket No. 593*
Hall, Rashaan A. v. State - Pet. Docket No. 499 (motion for reconsideration)
Hendrix v. Hendrix - Pet. Docket No. 13
In Re: Laquita J, - Pet. Docket No. 604 and cross-petition (both denied)
In Re: Rebecca T. - Pet. Docket No. 4
In Re: Ronald B. - Pet. Docket No. 584*
Jerome v. Hansen - Pet. Docket No. 583*
Jones, Isaiah v. State - Pet. Docket No. 591* and cross-petition (both denied)
Joens, Jerrell M. v. State - Pet. Docket No. 10
King, Roderick v. State - Pet. Docket No. 602*
Liggon, Roddell S. v. State - Pet. Docket No. 20
Madison, Thomas Bryant III v. State - Pet. Docket No. 603*
Moses v. Little - Pet. Docket No. 437 - Pet. Docket No. 437*
Nichols v. Carriage House - Pet. Docket No. 582*
Qureshi, Javed L. v. State - Pet. Docket No. 6
Rich, Ramon D. v. State - Pet. Docket No. 605*
Riffin v. Dept. of the Environment - Pet. Docket No. 598*
Roberts, Larry D. v. State - Pet. Docket No. 585*
Stokeling, Michael A. v. State - Pet. Docket No. 581*
Swinford v. NAI - Pet. Docket No. 16
Taylor, Thomas v. State - Pet. Docket No. 427* (motion for reconsideration)
Troxler, Brian Lamont v. State - Pet. Docket No. 525*
Van Diest v. Lewis - Pet. Docket No. 579*
Vernon, Ian E. v. State - Pet. Docket No. 516*
Walker, Donta v. State - Pet. Docket No. 525*
Warsham v. Muscatello - Pet. Docket No. 578*
Waters v. MVA - Pet. Docket No. 7
Williams, Denetrius v. State - Pet. Docket No. 606*
Williams v. Charleston - Pet. Docket No. 23
York v. Hession - Pet. Docket No. 9

* September Term 2009

 

Granted May 12, 2010

Sonja D. Bates v. Edward S. Cohn, et al. - Case No. 28, September Term 2010.

ISSUE - FORECLOSURE - DID TRIAL COURT ERR AS A MATTER OF LAW WHEN IT HELD THAT HOMEOWNER IS PRECLUDED FROM RAISING A LENDER’S SUBSTANTIVE FAILURE TO SATISFY LOSS MITIGATION REQUIREMENTS IN THE DEED OF TRUST AS AN EXCEPTION TO FORECLOSURE SALE?

Tricia E. Fasusi v. Capital One Bank (USA) N.A. - Case No. 29, September Term 2010.

ISSUES - EVIDENCE - (1) DID TRIAL COURT ERR WHEN IT ADMITTED BUSINESS RECORDS WITHOUT TESTIMONY OF AUTHENTICITY AFTER PETITIONER FILED TIMELY WRITTEN OBJECTION TO RESPONDENT’S NOTICE OF ITS INTENT TO AUTHENTICATE THOSE RECORDS PURSUANT TO MARYLAND RULE 5-902(b)(l)(B)? (2) DID TRIAL COURT ERR BY ENTERING JUDGMENT FOR RESPONDENT FOUNDED UPON BUSINESS RECORDS ADMITTED OVER PETITIONER’S OBJECTION WITHOUT TESTIMONY OF AUTHENTICITY AS A CONDITION PRECEDENT TO ADMISSIBILITY?

Quentez Johnson v. State - Case No. 153, September Term 2009. (Petition Granted to limited issue and Conditional Cross-Petition denied).

Montgomery County, Maryland, et al v. Melody Butler d/b/a/ Butler Landscape Design - Case No. 27, 2010 Term.

ISSUE - ZONING - DID TRIAL COURT ERR IN ITS DETERMINATION THAT BOARD OF APPEALS HAD ERRED IN ITS DETERMINATION THAT INHERENT ADVERSE EFFECTS OF A LANDSCAPING BUSINESS WOULD BECOME NON-INHERENT ADVERSE EFFECTS DUE TO SHAPE AND CONFIGURATION OF THE SUBJECT PROPERTY?

Franklin Morris v. State = Case No. 34, September Term 2010. (Petition filed on behalf of public defender granted and petition filed pro-se denied).

ISSUE - CRIMINAL LAW - (1) SHOULD THIS COURT DECLINE TO REVIEW PETITIONER’S AFFIRMATIVELY WAIVED COMPLAINT ABOUT HIS JOINT TRIAL WHEN THE LOWER COURT FOUND THAT HE DID NOT ARGUE THAT THE TRIAL COURT’S SEVERANCE RULING WAS IN ERROR IN HIS OPENING BRIEF OR REPLY BRIEF? (2) DID LOWER COURT PROPERLY FIND PETITIONER DID NOT ARGUE THAT THE TRIAL COURT’S SEVERANCE RULING WAS IN ERROR AND THAT PETITIONER WAIVED HIS CRAWFORD ARGUMENT? (3) DID THE LOWER COURT CORRECTLY FIND THAT THE TRIAL COURT PROPERLY ADMITTED A DETECTIVE’S TESTIMONY FOR A LIMITED PURPOSE AND MERELY ASKED APPROPRIATE CLARIFYING QUESTIONS?

Prince George's County, Maryland, et al. v. Keith Longtim - Case No. 35, September Term 2010.

ISSUES - WHETHER A LOCAL GOVERNMENT WITHIN THE MEANING OF THE LOCAL GOVERNMENT TORT CLAIMS ACT (LGTCA) IS NOT EXEMPT FROM A LIABILITY CAUSE OF ACTION FOR A PATTERN, PRACTICE OR A CUSTOM OF UNCONSTITUTIONAL POLICE CONDUCT UNDER ARTICLE 24 OF THE MARYLAND DECLARATION OF RIGHTS IN LIGHT OF MONELL V. DEP’T OF SOC. SERVS., 436 U.S. 658, 98 S. Ct. 2018, 56 L. Ed 2d 611 (1978)? (2) COULD THE DAMAGE CAPS OF THE (LGTCA) APPLY TO A MONETARY AWARD AGAINST A LOCAL GOVERNMENT AND/OR ITS EMPLOYEES WITHIN THE MEANING OF THE LGTCA FOR VIOLATIONS OF THE MARYLAND CONSTITUTION IN LIGHT OF HOUSING AUTH. OF BALTIMORE CITY V. CRYSTAL BENNETT, 359 Md. 356 (2000), CHAPTER 286 OF HOUSE BILL 942 (2001) AND DUA V. COMCAST CABLE OF MD., INC., 370 Md. 604 (2002)?

State v. Jason Mayers - Case No. 30, September Term 2010.

ISSUES - CRIMINAL LAW - (1) IS IT NECESSARY FOR VICTIM TO RESIST EACH ASSAULT IN AN ESCALATING SERIES OF ASSAULTS TO SATISFY THE ELEMENT OF FORCE TO SUSTAIN A CONVICTION FOR THE FINAL SEXUAL ASSAULT WHICH WAS A SECOND DEGREE SEXUAL OFFENSE? (2) IS THE FORCEFUL DISROBING OF A VICTIM MORE THAN THE “MERE PHYSICAL EXERTION REQUIRED TO ENGAGE IN THE” ACT OF CUNNILINGUS? (3) WAS THE EVIDENCE SUFFICIENT TO PERMIT A RATIONAL TRIER OF FACT TO CONCLUDE THAT RESPONDENT’S CONDUCT CREATED IN THE VICTIM’S MIND A REASONABLE APPREHENSION THAT RESPONDENT WOULD REQUIRE HER TO PERFORM FELLATIO UPON HIM IF SHE CONTINUED TO RESIST?

Paul Andrew Tatem v. State - Case No. 33, September Term 2010.

ISSUES - CRIMINAL LAW - (1) DID LOWER COURT CORRECTLY AFFIRM THE SENTENCES IMPOSED BY THE CIRCUIT COURT ON RECONSIDERATION ON PETITIONER’S APPEAL FROM THOSE SENTENCES WHERE PETITIONER DID NOT ALLEGE AN ILLEGALITY INHERENT IN THE SENTENCES THEMSELVES? (2) DID LOWER COURT CORRECTLY HOLD THAT PETITIONER WAIVED HIS CLAIM REGARDING THE TRIAL COURT’S DENIAL OF HIS MOTION TO CORRECT AN ILLEGAL SENTENCE, AND THAT HIS CLAIM WAS WITHOUT MERIT?

Matthew C. Thomas v. Motor Vehicle Administration - Case No. 31, September Term 2010.

ISSUES - ADMINISTRATIVE LAW - TRANSPORTATION - (1) DID ADMINISTRATIVE LAW JUDGE (ALJ) PROPERLY CONCLUDE THAT A POLICE OFFICER WHO HAD REASONABLE GROUNDS TO BELIEVE A DRIVER WAS DRIVING WHILE IMPAIRED, COULD ASK THE DRIVER TO TAKE AN ALCOHOL CONCENTRATION TEST BEFORE THE DRIVER WAS FORMALLY CHARGED WITH DRIVING UNDER THE INFLUENCE OF ALCOHOL? (2) DID SUBSTANTIAL EVIDENCE IN THE RECORD SUPPORT THE ALJ’S FINDINGS THAT PETITIONER REFUSED THE ALCOHOL CONCENTRATION TEST, DESPITE THE DRIVER’S CLAIM THAT HE ONLY REFUSED A PRELIMINARY BREATH TEST? (3) HAS PETITIONER FAILED TO PRESERVE ANY ERROR CONCERNING DENIAL OF MVA’S REQUEST TO SUBPOENA HIS ARRESTING OFFICER?

Matthew Wayne Tracy v. State - Case No. 32, September Term 2010.

ISSUES - CRIMINAL LAW - SECTIONS 9-303 & 9-305 - (1) IS THE EVIDENCE SUFFICIENT TO SUPPORT CONVICTION UNDER EITHER STATUTE? (2) WAS IT IMPROPER TO CONVICT PETITIONER UNDER BOTH STATUTES FOR THE SINGLE ACT OF WRITING A LETTER SUGGESTING A THREAT OF HARM IF THE WITNESS GAVE HARMFUL TESTIMONY IN A PENDING CASE?