Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2009

 

Granted August 24, 2010

Anne Arundel County Taxpayers Association, Inc. et al. v. Anne Arundel County Board of Elections, et al. - Case No. 157, September Term 2010.

Margaret G. McHale, et al. v. Tobin Paul Hagberg, et al. - Case No. 155, September Term 2010.

State v. Damion Allen - Case No. 156, September Term 2010.

 

Denied August 23, 2010

Abram, Burrell Allan v. State - Pet. Docket No. 225
Allen, Jamal Wayne v. State - Pet. Docket No. 178
Ameller v. Ameller - Pet. Docket No. 218
Andrews, Lee Jr. v. State - Pet. Docket No. 213
Anthony v. Atlantic General Hospital - Pet. Docket No. 168
Arey v. Conoway - Pet. Docket No. 590* (motion for reconsideration)
Banks, Michael A. v. State - Pet. Docket No. 223
Blueford, Joseph v. State - Pet. Docket No. 174
Bramble v. DGS - Pet. Docket No. 165
Bright, David Miles v. State - Pet. Docket No. 202
Carlin v. Leahy-Carlin - Pet. Docket No. 170
Carter, Lester W. v. State - Pet. Docket No. 193
Cole, James C. v. State - Pet. Docket No. 196
Cox, Thomas R. v. State - Pet. Docket No. 559* (motion for reconsideration)
Davis, James Thomas v. State - Pet. Docket No. 129
Ekandem v. Dept. of Labor - Pet. Docket No. 200
Freshwater v. Nationwide - Pet. Docket No. 203
Gray, Isaac v. State - Pet. Docket No. 189
Harne v. Jim's Small Engine - Pet. Docket No. 198
Holton, Helen L. v. State - Pet. Docket No. 175
In Re: Adoption of James P. - Pet. Docket No. 38
Jackson, Jeff v. State - Pet. Docket No. 160
James, Rienaldo Bernard v. State - Pet. Docket No. 133
Jelacic v. Jelacic - Pet. Docket No. 188
Johnson v. Prince George's County - Pet. Docket No. 214
Jones, Demetrius v. State - Pet. Docket No. 197
Justice, Winford v. State - Pet. Docket No.544* (motion for reconsideration)
Kirk v. Board of Physicians - Pet. Docket No. 159
Lee. Tracy Samuel v. State - Pet. Docket No. 204
Marshall, Gregory v. State - Pet. Docket No. 201
Mmarlin, Andre v. State - Pet. Docket No. 177
MBC Realty v. Baltimore - Pet. Docket No. 190
Moore v. Blockbusters - Pet.. Docket No. 166
Moss, Jerrod v. State - Pet. Docket No. 224
Olson, Phillip Thane v. State - Pet. Docket No. 116
Patterson, Broderick Blair v. State - Pet. Docket No. 161
Petell, Daniel Paul v. State - Pet. Docket No. 219
Poole, Mykle Brooks v. State - Pet. Docket No. 215
Pringle, Maurice v. State - Pet. Docket No. 227
Rehkemper v. Dwyer - Pet. Docket No. 217
Reyes, Jamal v. State - Pet. Docket No. 206
Robertson v. Grier - Pet. Docket No. 226
Robertson v. Horning - Pet. Docket No. 158
Shanklin, David M. v. State - Pet. Docket No. 176
Sudduth v. Dept. of Health - Pet. Docket No. 162
Sudduth v. Human Relations - Pet. Docket No. 181
Sure Ventures v. K Bank - Pet. Docket No. 183
Urbanowicz, Peter Karl v. State - Pet. Docket No. 157
White v. College Kids - Pet. Docket No. 105
Witcher, Wayman Nathaniel v. State - Pet. Docket No. 210
Yarborough, Leslie v. State - Pet. Docket No. 224

 

* September Term 2009

 

Granted August 20, 2010

BarksdaleJanay v. Wilkowsky, Leon et al. - Case No. 66, September 2010.

ISSUES - CONSTITUTIONAL LAW - LEAD PAINT - (1) WHETHER THE LOWER COURT CORRECTLY INTERPRETED AND APPLIED IN THIS CASE THE HARMLESS ERROR STANDARD FOR A SUBSTANTIVE JURY INSTRUCTION? (2) WHETHER THE LOWER COURT’S INTERPRETATION OF THIS STANDARD IS INCORRECT FOR A STATUTORILY PROTECTED CLASS SUCH AS LEAD POISONED CHILDREN? (3) WHETHER THE LOWER COURT’S INTERPRETATION & APPLICATION OF THIS STANDARD IS CONSTITUTIONAL?

Board of Education of Montgomery County v. Jamie Anderson - Case No. 68, September Term 2010.

ISSUE - WORKERS’ COMPENSATION - DOES THE WORKERS’ COMPENSATION LAW PROHIBIT COMBINING THE WEEKS OF COMPENSATION FOR A “SCHEDULED MEMBER” INJURY WITH THE WEEKS OF COMPENSATION FOR AN “OTHER CASES” INJURY FOR PURPOSES OF AWARDING BENEFITS AT THE SECOND-TIER RATE OF COMPENSATION?

Harrod, Darryl K. v. State - Case No. 69, September Term 2010.

ISSUES - CRIMINAL LAW - WHETHER UNDER ART. SECTIONS 10-1001 TO 10-1003 OF THE MD COURTS & JUDICIAL PROC. ART. THE RESPONDENT MAY, WITHOUT PROVIDING NOTICE TO THE PETITIONER, ADMIT A CHEMIST REPORT IN A DRUG PROSECUTION WITHOUT THE PRESENCE OF THE CHEMIST UNLESS THE PETITIONER SPECIFICALLY REQUESTS THE PRESENCE OF THE CHEMIST PRIOR TO EACH TRIAL? (2) WHETHER, WHEN AN ISSUE IS DECIDED BY THE TRIAL COURT, THE ENTIRE ISSUE IS SUBJECT TO APPELLATE REVIEW UNDER MD. RULE 8-131(a) OR JUST THOSE BASES EXPRESSLY ARTICULATED IN OR BY THE TRIAL COURT?

Hovnanian Land Investment Group, et al. v. Annapolis Towne Centre at Parole, LLC - Case No. 71, September Term 2010.

ISSUES - REAL PROPERTY - (1) CAN WAIVER OF A CONTRACT RIGHT BE INFERRED FROM A PARTY’S CONDUCT WHERE THE CONTRACT CONTAINS AN EXPRESS “NON-WAIVER” PROVISION REQUIRING ANY WAIVER TO BE IN WRITING? (2) DID THE TRIAL COURT ERR IN FINDING THAT PETITION WAIVED A CONTRACTUAL CONDITION PRECEDENT WHERE THE CONTRACT CONTAINED A NON-WAIVER PROVISION, THERE WAS NO SIGNED WAIVER & THERE WAS NO EVIDENCE THAT THE PARTIES AGREED TO WAIVE THE REQUIREMENTS OF THE NON-WAIVER PROVISION ITSELF? (3) DID THE TRIAL COURT ERR IN FINDING THAT A CONDITION PRECEDENT REQUIRING THE SELLER OF REAL PROPERTY TO RECORD A DECLARATION THAT “SHALL PROVIDE ANNUAL ASSESSMENTS AGAINST THE OFFICE AND RETAIL PORTIONS OF THE DEVELOPMENT” FOR THE PURPOSE OF FUNDING COMMON AREA MAINTENANCE WAS STRICTLY FULFILLED BY A DECLARATION THAT DID NOT PROVIDE ANY ASSESSMENTS BUT RATHER ALLOWED THE SELLER TO ENTER INTO UNRECORDED CONTRACTS WITH “SOME OR ALL PARCEL OWNERS”?

McDaniel, Katie v. Baronowski, Tom - Case No. 64, September Term 2010.

ISSUES - REAL PROPERTY - CONSUMER PROTECTION ACT (CPA) - (1) IS A LANDLORD ENTITLED TO USE JUDICIAL PROCESS TO COLLECT RENT ON PROPERTY BY MEANS OF AN ACTION FOR NON-PAYMENT OF RENT UNDER SECTION 8-402 OF THE REAL PROP. ART. WHERE A LANDLORD MAY NOT LAWFULLY RENT A RESIDENTIAL PROPERTY BECAUSE HE DOES NOT HAVE A LICENSE TO DO SO UNDER THE APPLICABLE LOCAL RENTAL HOUSING LICENSING LAW? (2) DID THE LOWER COURT ERR IN DENYING TENANT DAMAGES UNDER THE CPA WHERE UNCONTROVERTED EVIDENCE SHOWED THAT RENTAL PROPERTY WAS NOT LICENSED & THE PROPERTY CONTAINED AN ELECTRICAL DEFECT THAT AFFECTED & ENDANGERED TENANT? (3) IS THE DENIAL OF A POST-JUDGMENTAL MOTION REVIEWABLE ON APPEAL WHERE TENANT FILED A TIMELY POST-JUDGMENT MOTION UNDER MD. RULE 3-535?

Montgomery County, Maryland v. Brenda O. Robinson - Case No. 67, September Term 2010.

ISSUE - WORKERS’ COMPENSATION - DOES THE WORKERS’ COMPENSATION LAW PROHIBIT COMBINING THE WEEKS OF COMPENSATION FOR A “SCHEDULED MEMBER” INJURY WITH THE WEEKS OF COMPENSATION FOR AN “OTHER CASES” INJURY FOR PURPOSES OF AWARDING BENEFITS AT THE SECOND-TIER RATE OF COMPENSATION?

Norman, Stephen P. Borison, Scott C. et al. - Case No. 70, September Term 2010.

ISSUES - DEFAMATION - (1) DID THE LOWER COURT IMPROPERLY RULE THAT PETITIONER, AS OWNER OF A SMALL, UNIQUE BUSINESS, LACKED STANDING TO SUE FOR DEFAMATION WHEN THE DEFAMATORY STATEMENTS PERSONALLY REFERRED TO PETITIONER? (2) DID THE LOWER COURT ERR IN CONCLUDING THAT THE ABSOLUTE LITIGATION PRIVILEGE EXTENDS TO THE REPUBLICATION OF INCOMPLETE JUDICIAL PLEADINGS TO THE PRESS AND ON THE INTERNET?

State v. Kendall L. Northam - Case No. 65, September Term 2008.

ISSUE - CRIMINAL LAW - DID THE LOWER COURT MISAPPLY THIS COURT’S PRECEDENT WHEN IT DETERMINED THAT MD. RULE 4-215(e) INQUIRY WAS REQUIRED EVEN THOUGH NO ONE BROUGHT TO THE COURT’S ATTENTION IN OPEN COURT THAT THE DEFENDANT HAD ANY DESIRE TO DISCHARGE HIS APPOINTED PUBLIC DEFENDER?