Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2010

 

Granted November 22, 2010

Erik Stoddard v. State - Case No. 105, September Term 2010 (cross-petition denied).

ISSUES - CRIMINAL LAW - (1) DID TRIAL COURT ABRIDGE PETITIONER’S RIGHT OF DUE PROCESS & PRIVILEGE AGAINST SELF-INCRIMINATION UNDER THE FEDERAL & MD CONSTITUTIONS & VIOLATE MD’S COMMON LAW WHEN IT COMPELLED PETITIONER TO TESTIFY PRIOR TO COMPLETION OF THE DEFENSE CASE OR TO FORFEIT THE RIGHT TO TESTIFY? (2) DID A SERIES OF TRIAL COURT RULINGS ADMITTING EVIDENCE OF ALLEGED MISCONDUCT BY PETITIONER, FOR WHICH HE WAS NOT ON TRIAL, INDIVIDUALLY AND COLLECTIVELY CONSTITUTE ERROR DEPRIVING PETITIONER OF A FAIR TRIAL? .

 

Denied November 22, 2010

75-80 Properties v. Frederick County - Pet. Docket No. 398
Agyei-Kode, Kujoe v. State - Pet. Docket No. 523* (motion for reconsideration).
Anderson, Tyrell Devron v. State - Pet. Docket No. 365
Beasley, Andre v. State - Pet. Docket No. 337
Bramble v. DGS - Pet. Docket No. 165 (motion for reconsideration).
Bright, David Miles v. State - Pet. Docket No. 202 (motion for reconsideration).
Carter v. Huntington Title - Pet. Docket No. 413
Curtis, John v. State - Pet. Docket No. 387
Dotson v. Dotson - Pet.. Docket No. 401
Dow, Marcus v. State - Pet. Docket No. 355
Edmond v. Maher - Pet. Docket No. 540* (motion for reconsideration).
Employees" Retirement v. Siedlecki - Pet. Docket No. 377
Evering, Charlene v. State - Pet. Docket No. 369
Fastman v. Housing Opportunities - Pet. Docket No. 340
Frost v. Johnson - Pet. Docket No. 397
Gaither v. Brown - Pet. Docket No. 270
Georgia-Pacific v. Farrar - Pet. Docket No. 396
Gerald, Ronald v. State - Pet. Docket No. 406
Goodman v. Beth Tfiloh Schook - Pet. Docket No. 364
Graham, David J. Jr. v. State - Pet. Docket No. 376
Hammonds, Jereome D. v. State - Pet. Docket No. 278 (motion for reconsideration).
Holland, Marrun Clifford v. State - Pet. Docket No. 371
Houck, David Wayne v. State - Pet. Docket No. 386
In Re: Trinity Q. - Pet. Docket No. 296
Jenkins, Kenneth Bellow III v. State - Pet. Docket No. 379
Johnson, Quentez v. State - Pet. Docket No. 391
King v. Colmers - Pet. Docket No. 388
Lewis, Jamol Anton v. State - Pet. Docket No. 383
McCoy, James G. III v. State - Pet. Docket No. 378
McDaniel, Darrell Wayne v. State - Pet. Docket No. 357
McLeod, Carl v. State - Pet. Docket No. 380
Mills, Edward D. v. State - Pet. Docket No. 367
Ocean Colony v. Martin - Pet. Docket No. 370
Noonan, John Andrew v. State - Pet. Docket No. 182
Osowiecki v. Mardela Springs - Pet. Docket No. 335
PSW v. Hartford Life - Pet. Docket No. 373
Paniague, Saul Arron v. State - Pet. Docket No. 372
Penaloza, Anthony Cesar v. State - Pet. Docket No. 361
Rodriguez v. Bluff's - Pet. Docket No. 167
Sails, Harlow Brian v. State - Pet. Docket No. 267
Serabian v. Rose - Pet. Docket No. 385
Shaw, Douglas Lee v. State - Pet. Docket No. 374
Shepherd, Aaron Michael v. State - Pet. Docket No. 384
Simmons, Haven Namonte v. State - Pet. Docket No. 381
Smith, Isaac v. State - Pet. Docket No. 392
State v. Michael Anthony Ross - Pet. Docket No. 394
Stevens v. Tokuda-Stevens - Pet. Docket No. 382
Taylor, Cordero Dante v. State - Pet. Docket No 400
Tilghman, Gregory Darnell v. State - Pet. Docket No. 393

 

Granted November 19, 2010

Mark E. Furda v. State - Case No. 100, September Term 2010.

ISSUES - CRIMINAL LAW - (1) WAS THE QUESTION ON MD’S APPLICATION TO PURCHASE A FIREARM, “HAVE YOU EVER BEEN ... COMMITTED TO A MENTAL INSTITUTION?” SUFFICIENTLY UNAMBIGUOUS TO SERVE AS A PREDICATE FOR PETITIONER’S PERJURY & FALSE STATEMENT CONVICTION? (2) WAS EVIDENCE SUFFICIENT TO SUPPORT PETITIONER’S PERJURY & FALSE STATEMENT CONVICTIONS WHERE THE ONLY EVIDENCE OF “COMMITMENT” WAS A CIRCUIT COURT ORDER DEEMING PETITIONER COMMITTED THAT WAS LATER HELD ERRONEOUS BY LOWER COURT?

Milliman, Inc. v. Maryland State Retirement and Pension System, et al. - Case No. 102, September Term 2010 and cross-petition (both granted).

ISSUES - STATUTORY - (1) CAN AN ACTUARIAL FUNDING RECOMMENDATION FOR A STATE PENSION SYSTEM CAUSE DAMAGES WHEN IT IS UNDISPUTED THAT THE FUNDING RECOMMENDATION RESULTED IN CONTRIBUTIONS BEING RECEIVED BY THE PENSION SYSTEM THAT ALWAYS MET OR EXCEEDED STATUTORY FUNDING GOALS? (2) IN DETERMINING MEASURE OF DAMAGES WHAT IS THE LEGAL RELATIONSHIP BETWEEN STATE OF MD AND MD STATE RETIREMENT & PENSION SYSTEM? (3) MUST A TRIER OF FACT CONSIDER ONLY EXPERT TESTIMONY OR SHOULD FACTUAL EVIDENCE SHOWING PLAINTIFF CONTRIBUTED TO THE HARM BE CONSIDERED & EVALUATED UNDER A REASONABLE PERSON STANDARD? (4) DID MD STATE BOARD OF CONTRACT APPEALS (MSBCA) CORRECTLY ASSESS DAMAGES & DID TRIAL COURT ERRONEOUSLY REDUCE MSBCA’S DAMAGE AWARD BY EMPLOYING AN INCORRECT STANDARD OF REVIEW & ADOPTING A THEORY THAT DEPARTS FROM WELL-ESTABLISHED PRINCIPLES OF MD LAW?

Donna Silver v. State - Case No. 98, September Term 2010.

ISSUES - CRIMINAL LAW - (1) DID TRIAL COURT HAVE AUTHORITY TO ORDER PETITIONER TO PAY RESTITUTION TO DAYS END FARM HORSE RESCUE FOR COSTS RELATED TO COUNTS THAT WERE NOLLE PROSED? (2) DOES RESTITUTION ORDER CONSTITUTE AN ILLEGAL SENTENCE?

Hilton Silver v. State - Case No. 99, September Term 2010.

ISSUES - CRIMINAL LAW - (1) WHERE PROSECUTOR FAILED TO PROVIDE DISCOVERY OF A WRITTEN REPORT PREPARED BY STATE’S WITNESS DID TRIAL COURT ERR IN ADMITTING TESTIMONY OF THAT WITNESS? (2) DID TRIAL COURT ERR IN IMPOSING CRIMINAL RESTITUTION FOR OFFENSES WHICH THE PETITIONER WAS NOT CONVICTED? (3) DID TRIAL COURT ERR IN ADMITTING PHOTOGRAPHS DEPICTING ALLEGED OTHER OFFENSES FOR WHICH PETITIONER WAS NOT BE PROSECUTED?

State v. My Nguyen - Case No. 101, September Term 2010.

ISSUE - CRIMINAL LAW - DID LOWER COURT INCORRECTLY HOLD THAT A COURT MAY NOT REQUIRE A DEFENDANT TO REGISTER AS A SEX OFFENDER UPON FINDING THAT DEFENDANT VIOLATED CONDITIONS OF HIS PROBATION?

James William Sweetney v. State - Case No. 103, September Term 2010 and cross-petition (both granted).

ISSUES - CRIMINAL LAW - (1) DID LOWER COURT ERR WHEN IT DECIDED PETITIONER’S CONSTITUTIONAL RIGHT OF CONFRONTATION WAS NOT VIOLATED WHERE TRIAL COURT CURTAILED PETITIONER’S CROSS-EXAMINATION OF STATE’S DETECTIVE REGARDING CONTENTS OF A SEARCH WARRANT RETURN THAT DIRECTLY CONTRADICTED THE DETECTIVE’S DIRECT TESTIMONY ABOUT RECOVERING A KEY PIECE OF EVIDENCE? (2) DID LOWER COURT ERR IN FAILING TO REVERSE PETITIONER’S CONVICTION DUE TO PROSECUTORIAL MISCONDUCT UNDER A PLAIN ERROR ANALYSIS? (3) DID PETITIONER FAIL TO PRESERVE HIS CLAIM THAT LIMITATION OF CROSS-EXAMINATION VIOLATED THE FEDERAL OR STATE CONFRONTATION CLAUSE WHERE IN MAKING HIS SPECIFIC OBJECTION TO THAT LIMITATION AT TRIAL, PETITIONER MADE NO REFERENCE TO THE CONFRONTATION CLAUSE OR RIGHT OF CONFRONTATION OR ANY CONSTITUTIONAL RIGHT?

Tonya Walker v. Department of Housing and Community Development - Case No. 97, September Term 2010.

ISSUES - CONSTITUTIONAL LAW - (1) DOES MD ADMINISTRATIVE PROCEDURE ACT GOVERN HEARINGS CONCERNING TERMINATIONS OF RENTAL ASSISTANCE TO PARTICIPANTS IN THE HOUSING CHOICE VOUCHER PROGRAM ADMINISTERED BY THE DEPARTMENT? (2) DID THE DEPARTMENT COMPLY WITH MD’S ADMINISTRATIVE PROCEDURE ACT?