Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2010

 

Granted October 25, 2010

State of Maryland v. Anissa Maddox - Case No. 96, September Term 2010.

 

Denied October 22, 2010

Arey v. Conaway - Pet. Docket No. 590* (motion for reconsideration)
Ayyah v. Auction Brokers - Pet. Docket No. 347
Bailey, Williama v. State - Pet. Docket No. 194
Brown v. Medical Examiner- Pet. Docket No. 341
Burnett, Turner Anthony v. State - Pet. Docket No. 261
Carlin v. Leahy-Carlin - Pet. Docket No. 170 (motion for reconsideration)
Carter, Calvin Caron v. State - Pet. Docket No. 301
Carver, Steven v. State - Pet. Docket No. 317
Cherry, James W. v. State - Pet. Docket No. 329
Chmanian v. Jobin Realty - Pet. Docket No. 328
Chujah v. Dziamko - Pet. Docket No. 302
Coreas, Antonio v. State - Pet. Docket No. 312 (petition and cross-petition)
Cunningham, Kenneth R. v. State - Pet. Docket No. 354
Dennis v. Wicomico County - Pet. Docket No. 192
Diggs, Gerard Keith v. State - Pet. Docket No. 349
Doughty v. Kirson - Pet. Docket No. 353
Ekandem v. Dept. of Labot - Pet. Docket No. 200 (motion for reconsderation)
Galasso v. Baltimore County - Pet. Docket No. 311
Hargrave v. Inmate Grievance - Pet. Docket No. 280
Hall, David Nathaniel v. State - Pet. Docket No. 338
Hayes, Michael v. State - Pet. Docket No. 303 (petition and cross-petition)
Hicks v. Achu - Pet. Docket No. 306
Hofmeister v. Dept. of Corrections - Pet. Docket No. 313
Jackson-El, Cordell v. State - Pet. Docket No. 146 (motion for reconsideration)
Johnson, Durant J. v. State - Pet. Docket No. 252
Jordan, Alexis v. State - Pet. Docket No. 339
Justice, Winford v. State - Pet. Docket No. 544* (motion for reconsideration)
In Re: Jared L. - Pet. Docket No. 316
Lewis v. Gray Trust - Pet. Docket No. 314
Lucas v. Allen Family - Pet. Docket No. 350
Mariner v. Showell - Pet. Docket No. 368
Martinez v. Holy Cross - Pet. Docket No. 353 (petition and cross-petition)
McAllister, Mario v. State - Pet. Docket No. 327
Moore, Antonio v. State - Pet. Docket No. 344
Muntjan v. Maradiaga - Pet. Docket No. 297
MVA v. Mitchelltree - Pet. Docket No. 343
Palmer, Harry Boston v. State - Pet. Docket No. 323
Peaks v. Johnson - Pet. Docket No. 310
People's Counsel v. Acorn - Pet. Docket No. 325
Potter v. Worcester County - Pet. Docket No. 345
Rhoda v. FDIC - Pet. Docket No. 309
Rogler v. Rogler-Goodman - Pet. Docket No. 262
Salisbury Mall v. K. Hovnanian - Pet. Docket No. 332
Seisman v. Consumer Protection - Pet. Docket No. 308
Smith v. Circuit Court - Pet. Docket No. 351
Smith v. Friedman - Pet. Docket No. 142 (motion for reconsideration)
Tani-Olus v. Elavon - Pet. Docket No. 300
Taylor, Telvon v. State - Pet. Docket No. 199
Tomey v. Lambdin - Pet. Docket No. 324
Traband v. Thomason - Pet. Docket No. 346
Tunstall, Marcus v. State - Pet. Docket No. 307
Tyson, Dexter v. State - Pet. Docket No. 336
Urbanowicz, Peter Karl v. State - Pet. Docket No. 157 (motion for reconsideration)
Vinyard v. City of Salisbury - Pet. Docket No. 321
Washignton, Trendon v. State - Pet. Docket No. 330
Weiss, Garrett Richard v. State - Pet. Docket No. 299
Young, Wayne Stephen v. State - Pet. Docket No. 331

 

Granted October 20, 2010

600 North Frederick Road, LLC v. Burlington Coat Factory of Maryland, LLC - Case No. 89, September Term 2010.

ISSUES - REAL PROPERTY - (1) WHETHER A RECORDED WRITTEN INSTRUMENT REQUIRING THE SIGNATURES OF A DEFINED SET OF PROPERTY OWNERS TO CANCEL OR MODIFY IT CAN BE MODIFIED BY FEWER THAN ALL BASED ON ALL ALLEGATION THAT EXTRINSIC EVIDENCE SHOWS THAT THE NON-SIGNING PROPERTY OWNERS ARE NOT ADVERSELY AFFECTED BY THE MODIFICATION? (2) WHETHER POTENTIALLY PERPETUAL RESTRICTIONS ON THE USE OF LAND MAY BE IMPOSED UNDER THE RULE OF REASONABLY STRICT CONSTRUCTION WITHOUT APPLYING THE TRADITIONAL RULE OF CONTRACT INTERPRETATION THAT EVERY PROVISION IN A WRITTEN INSTRUMENT MUST BE GIVEN MEANING? (3) UNDER THE RULE OF REASONABLY STRICT CONSTRUCTION, MAY A COURT IMPLY RESTRICTIONS ON THE USE & DEVELOPMENT OF LAND OR MUST SUCH RESTRICTIONS BE CLEARLY STATED IN A DOCUMENT APPLICABLE TO THE PROPERTY OWNER?


Anderson, Waymon v. State - Case No. 92, September Term 2010.

ISSUE - CRIMINAL LAW - DID THE TRIAL COURT ERR IN ADMITTING THE REPORT PREPARED BY DR. STEPHEN BOOS, WHO WAS NOT PRESENT AT THE TRIAL, AND IN ALLOWING DR. EVELYN SHUKAT TO TESTIFY AS TO ITS CONTENTS, WHEN SUCH REPORT HAD NOT BEEN MADE FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT?

Arthur, Andre Devon v. State - Case No. 90, September Term 2010. (petition and cross-petition granted).

ISSUES - CRIMINAL LAW - (1) IS THE EVIDENCE SUFFICIENT TO SUSTAIN PETITIONER’S CONVICTIONS FOR FAILURE TO OBEY A LAWFUL ORDER & RESISTING ARREST WHERE THE RECORD ONLY SHOWS THAT HE USED FOUL LANGUAGE AFTER BEING TOLD BY A POLICE OFFICER TO “LOWER HIS VOICE[,]...SETTLE DOWN”? (2) DID THE TRIAL COURT ERR IN FAILING TO INSTRUCT THE JURY, UPON REQUEST, THAT A PERSON IS PRIVILEGED TO RESIST AN UNLAWFUL WARRANTLESS ARREST? (3) DID PETITIONER FAIL TO PRESERVE HIS CHALLENGE TO THE SUFFICIENCY OF THE EVIDENCE UNDERLYING HIS CONVICTION? (4) DID THE TRIAL COURT CORRECTLY CONCLUDE THAT AN INSTRUCTION ON THE RIGHT TO RESIST AN UNLAWFUL ARREST WAS NOT GENERATED BY THE EVIDENCE?


Doe, James v. Mary Roe - Case No. 95, September Term 2010.

ISSUES - STATUTORY LAW - (1) CAN MD. CODE, CTS. & JUD. PROC. SEC. 5-117 BE PROPERLY APPLIED RETROACTIVELY TO PERMIT A CLAIM THAT AROSE BEFORE THE EFFECTIVE DATE OF SEC. 5-117 AND WHICH IS BARRED BY THE PRIOR STATUTE OF LIMITATIONS? (2) DOES A RETROACTIVE APPLICATION OF MD. CODE, CTS. & JUD. PROC. SEC. 5-117 IMPAIR PETITIONER’S VESTED RIGHT & THEREBY VIOLATE HIS RIGHT TO DUE PROCESS UNDER ART. 24 OF THE DECLARATION OF RIGHTS?


Hill, Steven and Terri Alston, Charles Yates & Jason Hernandez v. State - Case No. 93, September Term 2010.

ISSUE - CRIMINAL LAW - WHETHER A CONVICTION AND/OR SENTENCE FOR SECOND DEGREE ESCAPE IS LEGALLY INVALID IF IT IS PREDICATED ON THE FAILURE “TO OBEY A COURT ORDER TO REPORT TO A PLACE OF CONFINEMENT,” WHERE THAT COURT ORDER WAS LEGALLY INVALID?

Jones, Troy A. Jr. v. State - Case No. 87, September Term 2010.

ISSUES - CRIMINAL LAW - (1) IS THERE A PENALTY PROVISION APPLICABLE TO A VIOLATION OF PUBLIC SAFETY ART. SEC. 5-133(b)? (2) CAN A PRIOR OUT-OF-STATE CONVICTION SERVE AS THE PREDICATE CONVICTION WHERE THE STATE HAS CHARGED A DEFENDANT WITH POSSESSING A REGULAR FIREARM AFTER HAVING BEEN CONVICTED OF “A VIOLATION CLASSIFIED AS A FELONY IN THE STATE” IN VIOLATION OF PUBLIC SAFETY ART. SEC. 5-133(b)? (3) DID THE LOWER COURT ERR BY ONLY STRIKING THE NO-PAROLE CONDITION & FAILING TO VACATE THE SENTENCE & REMAND CASE FOR A NEW SENTENCING?


Perez, Policarpio Espinoza v. State - Case No, 94, September Term 2010.

ISSUE - CRIMINAL LAW - DID THE LOWER COURT ERR IN APPLYING A WEAKENED HARMLESS ERROR TEST TO THE ADMITTEDLY ERRONEOUS NON-DISCLOSURE TO COUNSEL OF SIX SUBSTANTIVE JURY NOTES IN THIS CASE?


Thomas, Robert Lee v. State - Case No. 88, September Term 2010.

ISSUE - CRIMINAL LAW - DID THE TRIAL COURT ERR IN REFUSING TO ALLOW DEFENSE COUNSEL TO IMPEACH THE STATE’S “STAR WITNESS” WITH A PRIOR THEFT CONVICTION OR THE UNDERLYING CONDUCT BECAUSE THE CONVICTION WAS BASED ON A GUILTY PLEA WHERE THE WITNESS WAS NOT REPRESENTED BY COUNSEL & HAD NOT WAIVED HER RIGHT TO COUNSEL?


State v. Helen L. Holton - Case No. 91, September Term 2010.

ISSUES - LEGISLATIVE IMMUNITY - (1) DID THE LOWER COURT ERR IN HOLDING THAT THE COMMON LAW PROHIBITS THE USE OF EVIDENCE OF LEGISLATIVE ACTS OF A LOCAL OFFICIAL IN A STATE CRIMINAL PROSECUTION? (2) DID THE LOWER COURT ERR IN HOLDING THAT SEC. 5-301 OF THE CTS. & JUD. PROC. ART. PROVIDES LEGISLATIVE IMMUNITY TO LOCAL OFFICIALS IN STATE CRIMINAL PROSECUTIONS OTHER THAN PROSECUTIONS FOR DEFAMATION?