Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2010

 

Granted February 23, 2011

State v. Raymond Collins, Eric Tehrani, Britta Thomas, Jason Bair adn Katherine Friz - Case No. 141, September Term 2010.

 

Denied February 22, 2011

Allen, Michael Anthony Jr. v. State - Pet. Docket No. 414
Anderson, Tyrell Decron v. State - Pet. Docket No. 365 (on motion for reconsideration)
Anne Arundel County v. Whaley - Pet. Docket No. 535
Armstead, Kevin v. State - Pet. Docket No. 478
Astwood, v. MTA - Pet. Docket No. 497
Bell v. Rodenberg - Pet. Docket No. 490
Belle, Bryant Keith v. State - Pet. Docket No. 495
Buono v. Uptown Calvertown - Pet. Docket No. 479
Burman, Allah v. State - Pet. Docket No. 513
Carlin v. Leahy-Carlin - Pet. Docket No. 170
Cieplak v. Norsworthy - Pet. Docket No. 491
Cunningham, Kenneth v. State - Pet. Docket No. 505
Curtis, John v. State - Pet. Docket No. 387 (on motion for reconsideraion)
Ebli v. Maryland Construction - Pet. Docket No. 492
Ellis v. Pettey - Pet. Docket No. 536
Ghannam v. Suburban Hospital - Pet. Docket No. 523
Hargrove v. Cade - Pet. Docket No. 538
Harvey Builders v. Driggs Co. - Pet. Docket No. 484
Hendrix v. Burns- Pet. Docket No. 515
Heron v. Wright - Pet. Docket No. 503
In Re: Kaleem P. - Pet. Docket No. 489
In Re: Margarette B. Rogler - Pet. Docket No. 508
Karriem v. Riverdale Park Police - Pet. Docket No. 527
Kranz, William L. v. State - Pet. Docket No. 531
Jones, Keith v. State -Pet. Docket No. 410
Lloyd v. Arnav - Pet. Docket No. 511
Marshall v. Allen - Pet. Docket No. 432
Martin v. Student Loan - Pet. Docket No. 433
Melvin, Jeffrey v. State - Pet. Docket No. 480 and cross-petition
Mills & Brady v. Odenton Properties - Pet. Docket No. 522
Moore, Raymond Lamont v. State - Pet. Docket No. 498
Nuyen v. Keam - Pet. Docket No. 506
Plummer, Jacinto v. State - Pet. Docket No. 518
Pullen, James Otis Jr. v. State - Pet. Docket No. 533
Radiosurgery v. Medstar-Georgetown - Pet. Docket No. 529
Sails, Harlow Brian v. State - Pet. Docket No. 267 (on motion for reconsideration)
Shorter, Tanoa Revo v. State - Pet. Docket No. 519
Smith, Darnell v. State - Pet. Docket No. 487
Snead, Brandon v. State - Pet. Docket No. 493
Stemple v. Dept. of Corrections - Pet. Docket No. 504
Stitzel, Paul F. v. State - Pet. Docket No. 482
Tasker, James Edward v. State - Pet. Docket No. 509
Thomas, Donald C. v. State - Pet. Docket No. 534
Thompson, Danny Eugene v. State - Pet. Docket No. 488
Wachovia v. Pohanka - Pet. Docket No. 483
Weiner v. Odianosen - Pet. Docket No. 517
Wood, Thomas Jr. v. State - Pet. Docket No. 501
Zucconi v. UMMS - Pet. Docket No. 496

 

Granted February 18, 2011

Jeffrey Breslin, et al. v. Ronald L. Powell - Case No. 134, September Term 2010.

ISSUES - STATUTORY - HEALTH CARE MALPRACTICE CLAIMS ACT - (1) WHETHER A PARTY SHOULD BE PERMITTED TO UNDERMINE LEGISLATIVE INTENT & ARBITRATE IN BAD FAITH BY PROSECUTING A MEDICAL MALPRACTICE SUIT THAT IS FOUNDED UPON A FACIALLY VALID CERTIFICATE SIGNED BY AN EXPERT WHO DOES NOT SATISFY THE QUALIFICATIONS SET FORTH IN MD CODE ANN., CTS. & JUD. PRO. SEC. 3-2A.02? (2) WHETHER SUMMARY JUDGMENT SHOULD HAVE BEEN AFFIRMED BY THE LOWER COURT GIVEN THAT THE TRIAL COURT’S RULING WAS FOUNDED ON THE PLAIN LANGUAGE OF THE STATUTE & THE MARYLAND RULES?

Deltavia Cure v. State - Case No. 135, September Term 2010.

ISSUES - CRIMINAL LAW - (1) WHEN TRIAL COURT RULED PRIOR TO JURY SELECTION THAT THE STATE COULD IMPEACH PETITION WITH HIS PRIOR CONVICTION FOR FIRST-DEGREE ARSON, DID PETITIONER WAIVE HIS RIGHT TO COMPLAIN ON APPEAL ABOUT THE COURT’S RULING BY TESTIFYING ABOUT THE CONVICTION DURING HIS DIRECT EXAMINATION? (2) DID THE TRIAL COURT ABUSE ITS DISCRETION WHEN IT RULED THAT THE STATE COULD IMPEACH PETITIONER WITH HIS PRIOR CONVICTION FOR FIRST-DEGREE ARSON?

Shawn Johnson v. State - Case No. 137, September Term 2010.

ISSUES - CRIMINAL LAW - (1) IS A JUROR’S IMPERMISSIBLE EXTRA-JUDICIAL INVESTIGATION THAT EXPOSES THE JURY TO INFORMATION NEVER ENTERED INTO EVIDENCE PRESUMPTIVELY PREJUDICIAL TO A CRIMINAL DEFENDANT’S RIGHT TO A FAIR & IMPARTIAL JURY TRIAL? (2) DID THE RULING BELOW CIRCUMVENT PRIOR PRECEDENT IN HOLDING THAT A CURATIVE INSTRUCTION ALONE IS SUFFICIENT TO SUPPORT A TRIAL COURT’S DENIAL OF A MOTION FOR NEW TRIAL BASED ON ESTABLISHED JUROR MISCONDUCT?

Charles Muskin, Trustee (Trust created under the last will and testament of Israel Braverman v. State Department of Assessments and Taxation - Case No. 140, September Term 2010.

ISSUES - REAL PROPERTY - (1) DOES THE GROUND RENT REGISTRY STATUTE, CHPT. 290 OF THE LAWS OF 2007, REAL PROPERTY ART. SECS. 8-701 ET. SEQ. VIOLATE THE FEDERAL OR STATE CONSTITUTIONS OR MD DECLARATION OF RIGHTS BY EXTINGUISHING VESTED PROPERTY & CONTRACT RIGHTS, BY TRANSFERRING PROPERTY & CONTRACT RIGHTS TO A THIRD PERSON WITHOUT COMPENSATION, BY VIOLATING THE CONTRACTS CLAUSE, BY VIOLATING DUE PROCESS & EQUAL PROTECTION RIGHTS OR BY BEING ARBITRARY? (2) DID THE LOWER COURT ERR IN GRANTING SUMMARY JUDGMENT WHEN PETITIONER ALLEGED FACTS SUPPORTING ITS CLAIM THAT THE GROUND RENT REGISTRY STATUTE PROCESS IS SO UNREASONABLY HARSH & COSTLY THAT IT DEPRIVES THE TRUSTS IN PARTICULAR, & GROUND RENT OWNERS IN GENERAL OF THE VALUE OF THEIR PROPERTY?

Nicole Pace, as Mother and next friend of Liana Pace v. State - Case No. 132, September Term 2010.

ISSUE - CONSTITUTIONAL LAW - WHETHER THE TRIAL COURT ERRED IN GRANTING STATE’S MOTION TO DISMISS FINDING THAT THE STATE HAD NO DUTY OF CARE TO PETITIONER RATHER THAN SPECIAL OR STATUTORY DUTY TO ENSURE HER “INDIVIDUAL” “SPECIAL” DIETARY NEEDS WERE MET & TO PROTECT HER FROM DISCRIMINATION ON THE BASIS OF EITHER RACE OR DISABILITY IN THE ADMINISTRATION OF THE SCHOOL LUNCH PROGRAM?

Patuxent Riverkeeper v. Maryland Department of the Environment, et al. - Case No. 139, September Term 2010.

ISSUE - STATUTORY LAW - ENVIRONMENT - DID THE TRIAL COURT ERR WHEN IT INTERPRETED THE FEDERAL TEST FOR STANDING & HELD THAT THE PETITIONER LACKED STANDING TO CHALLENGE THE ISSUANCE OF A MD NON-TIDAL WETLANDS & WATERWAYS PERMIT AUTHORIZING PERMANENT & TEMPORARY IMPACTS TO NON-TIDAL WETLANDS & STREAMS WHERE ONE OF THE PETITIONER’S MEMBERS ALLEGED THAT THE PERMIT WOULD RESULT IN FUTURE & THREATENED HARM TO HIS RECREATIONAL, AESTHETIC & ECONOMIC INTERESTS IN THE WESTERN BRANCH WATERSHED & TRIBUTARY?

Leslie Rush v. Department of Labor, Licensing and Regulation, et al. - Case No. 138, September Term 2010.

ISSUE - ADMINISTRATIVE LAW - DID THE REAL ESTATE COMMISSION’S DECISION TO DISMISS PETITIONER’S CLAIM AGAINST THE GUARANTY FUND & THE LOWER COURT’S CONCURRENCE WITH THAT DECISION CONSTITUTE ERRONEOUS LEGAL CONCLUSIONS AS TO THE SUFFICIENCY OF HER CLAIM?

Mary Thomas v. Panco Management of Maryland, LLC, et al. - Case No. 133, September Term 2010.

ISSUE - TORTS - NEGLIGENCE - WHETHER THE LOWER COURT ERRED WHEN IT AFFIRMED THE JUDGMENT OF THE TRIAL COURT CONCLUDING THAT THE PETITIONER KNOWINGLY & VOLUNTARILY ASSUMED THE RISK OF SLIPPING ON “BLACK ICE” WHEN SHE LEFT HER APARTMENT TO PICK UP HER GRANDDAUGHTER FROM A MEETING AT HER CHURCH?

Antjuan Lawntee Wilson v. State - Case No. 136, September Term 2010.

ISSUES - CRIMINAL LAW - (1) DID THE LOWER COURTS ERR IN MODIFYING AND/OR REJECTING THE “SOME EVIDENCE” STANDARD ESTABLISHED BY THIS COURT IN DYKES BY HOLDING THAT THE “SOME EVIDENCE” REQUIREMENT IS NOT SATISFIED BY EVIDENCE WHICH THE LOWER COURTS DEEM UNWORTHY OF BELIEF? (2) DID THE TRIAL COURT ERR BY REFUSING TO INSTRUCT THE JURY ON THE MITIGATION DEFENSES OF HOT BLOODED RESPONSE TO ADEQUATE PROVOCATION & IMPERFECT SELF DEFENSE?