Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2010

 

Denied May 23, 2011

Adams, Michael Wayne v. State - Pet. Docket No. 610
Alfaro v. Baltimore - Pet. Docket No. 15*
Barba, John E. v. State - Pet. Docket No. 25*
Barrera-Arevalo, Angel v. State - Pet. Docket No. 16*
Benitez v. Fernandez - Pet. Docket No. 540
Beverly v. Zaerfoss - Pet. Docket No. 647
Beynon v. Park & Planning - Pet. Docket No. 643
Buckingham, Charles M. v. State - Pet. Docket No. 645
Burnett, Turner Anthony v. State - Pet. Docket No. 607
Cole, James Clinton v. State - Pet. Docket No. 655
Ebli v. Maryland Construction - Pet. Docket No. 492 (motion for reconsideration)
Frazier, Robert v. State - Pet. Docket No. 24*
Galliher v. Stanton - Pet. Docket No. 614
Grandison v. Grandison - Pet. Docket No. 2*
Hansel v. USAA - Pet. Docket No. 12*
Hicks v. Labcorp - Pet. Docket No. 636
In Re: Adoption of Jayla N. - Pet. Docket No. 587
Johnson v. Bank of America - Pet. Docket No. 562 (motion for reconsideration)
Kargbo v. Bogman - Pet. Docket No. 10*
Karriem v. Riverdale Park Police - Pet. Docket No. 527 (motion for reconsideration)
Kassinde v. Biamou - Pet. Docket No. 592
Koba v. Baltimore School Commissioners - Pet. Docket No. 441
Kropfelder v, Kropvelder - Pet. Docket No. 653
Lafontant, Joseph v. State - Pet. Docket No. 26*
Leslie v. Gillis - Pet. Docket No. 652 (petition and cross-petition)
Lindsey, Fernando Arturu v. State - Pet. Docket No. 19*
Maryland Insurance v. Jews - Pet. Docket No. 13* (petition and cross-petition)
Mast, Peter v. State - Pet. Docket No. 11*
Mathews, George v. State
- Pet. Docket No. 641
McGhie, Robert Anthony v. State - Pet. Docket No. 17*
McKenzie v. RPH - Pet. Docket No. 639
Mitchell, Donte v. State - Pet. Docket No. 632
Myles, Merideth v. State - Pet. Docket No. 31*
Nelson v. Dept. of Health - Pet. Docket No. 565 (motion for reconsideration)
Norbeck Grove v. Fontell - Pet. Docket No. 600
Prince, James Edward v. State - Pet. Docket No. 23*
Ray, Darnell Otis v. State - Pet. Docket No. 596
State v. James Eldridge - Pet. Docket No. 6*
State v. Darryl White - Pet. Docket No. 100*
Taylor, Telvon v. State - Pet. Docket No. 537 (motion for reconsideration)
Thomas v. Capital Source - Pet. Docket No. 28*
Tunstall, Avar Cornell v. State - Pet. Docket No. 5*
Tyndale, Ernest v. State - Pet. Docket No. 8*
Wallace v. Mankowitz - Pet. Docket No. 651 (petition and cross-petition)
Woody, Paul Willard v. State - Pet. Docket No. 32*
Wear, Richard P. v. State - Pet. Docket No. 14*

 

Granted May 20, 2011

Allen, Deane J. v. Sharon J. Ritter, Successor Personal Representative of the Estate of Roy Harry Allen - Case No. 16, September Term 2011.

ISSUES - ESTATES & TRUSTS - (1) DOES ESTATES & TRUSTS SEC. 9-111 ENTITLE A PERSONAL REPRESENTATIVE TO DEMAND & RECEIVE A SWEEPING RELEASE FROM THE PETITIONERS BEFORE SHE PAYS OVER TO THEM THE SUMS OF MONEY THE COURT HAD DETERMINED THEY WERE ENTITLED TO WHEN IT APPROVED THE FIRST & FINAL ADMINISTRATION ACCOUNT? (2) DID THE ORPHANS’ COURT HAVE THE AUTHORITY TO ORDER THE PETITIONERS TO SIGN A SWEEPING RELEASE OF LIABILITY TO THE SUCCESSOR PERSONAL REPRESENTATIVE BEFORE THEY COULD SECURE PAYMENT OF THEIR RESPECTIVE SHARES OF THEIR FATHER’S ESTATE THAT HAD BEEN DIRECTED BY THE ORPHANS’ COURT WHEN IT APPROVED THE SUCCESSOR PERSONAL REPRESENTATIVE’S FIRST & FINAL ADMINISTRATION ACCOUNT?

Clickner, David et ux v. Magothy River Association, Inc., et al. - Case No. 13, September Term 2011.

ISSUES - REAL PROPERTY - (1) WHETHER TRIAL COURT ERRED IN DECLARING THE PUBLIC HAS A PRESCRIPTIVE EASEMENT TO USE THE BEACH ON DOBBINS ISLAND FOR RECREATIONAL PURPOSES WHEN THE FINDING VIOLATES PUBLIC POLICY, THERE WAS NO EVIDENCE THAT USE OF PROPERTY WAS ADVERSE OR EXCLUSIVE, AND EXTENT OF THE USE WAS NOT ESTABLISHED? (2) WHETHER THE TRIAL COURT ERRED IN ORDERING REMOVAL OF A PORTION OF THE FENCE ON DOBBINS ISLAND THAT WAS INSTALLED ABOVE MEAN HIGH TIDE TO PROTECT THE APPELLANTS’ PRIVATE PROPERTY RIGHTS?

Downey, Barry K. et al v. Nicholas Sharp - Case. Docket No. 19, September Term 2011.

ISSUES - STATUTORY LAW - (1) DO THE GROUNDS LISTED IN SEC. 3-224(b) OF THE COURTS & JUD. PROC. ART. OF THE MD CODE PROVIDE THE EXCLUSIVE BASIS UPON WHICH A COURT MAY VACATE AN ARBITRATION AWARD? (2) MAY A MD COURT VACATE AN ARBITRATION AWARD FOR “MANIFEST DISREGARD OF THE LAW” OR ONLY UNDER THE “COMPLETELY IRRATIONAL” STANDARD? (3) WHERE AN ARBITRATION HEARING IS NOT TRANSCRIBED, MAY A MD COURT VACATE AN ARBITRATION AWARD DENYING AN EASEMENT BY NECESSITY BASED UPON FACTUAL FINDINGS ABSENT FROM THE ARBITRATOR’S WRITTEN OPINION & SEPARATELY MADE BY A REVIEWING COURT? (4) DID THE LOWER COURT ERR WHEN IT VACATED THE ARBITRATOR’S FINDING THAT RESPONDENT WAS NOT ENTITLED TO AN EASEMENT BY NECESSITY ACROSS PETITIONER’S PROPERTY?

Dzikowski, Anthony A. v. State - Case No. 15, September Term 2011.

ISSUES - CRIMINAL LAW - (1) DID TRIAL COURT ABUSE ITS DISCRETION IN OVERRULING PETITIONER’S EXCEPTIONS TO THE STATE’S BILL OF PARTICULARS RESPONSE? (2) DID THE TRIAL COURT ABUSE ITS DISCRETION BY DENYING A NEW TRIAL WHEN THE STATE REFUSED TO PROVIDE A PROPER RESPONSE TO PETITIONER’S BILL OF PARTICULARS & THE TRIAL COURT’S DECISION TO PERMIT THE STATE TO CHANGE ITS THEORY OF RECKLESS ENDANGERMENT UNFAIRLY SURPRISED PETITIONER & EFFECTIVELY FORECLOSED HIM FROM PUTTING ON A CASE? (3) DID THE TRIAL COURT ERR IN DENYING PETITIONER’S MOTION TO DISMISS WHEN THE TRIAL COURT’S DECISION TO PERMIT THE STATE TO CHANGE ITS THEORY OF RECKLESS ENDANGERMENT RENDERED THE INDICTMENT DUPLICITOUS?

Matthews, Elroy, Jr. v. State - Case No. 20, September Term 2011.

ISSUE - CRIMINAL LAW -WHETHER A PLEA AGREEMENT CONDITIONED ON AN AGREED UPON “CAPPED” TERM OF YEARS RESULTS IN AN ILLEGAL SENTENCE WHEN TRIAL COURT SENTENCES THE DEFENDANT TO LIFE BUT SUSPENDS A PORTION OF THE LIFE SENTENCE TO MAKE THE NON-SUSPENDED PORTION NOT EXCEED THE AGREED UPON “CAP”?

Piscatelli, Nicholas A. v. Van Smith, et al. - Case No. 18, September Term 2011.

ISSUES - CONSTITUTIONAL LAW - (1) DID THE LOWER COURT ERR IN DECIDING THAT SUMMARY JUDGMENT WAS PROPERLY GRANTED BASED UPON THE FAIR REPORTING PRIVILEGE? (2) DID THE LOWER COURT ERR IN DECIDING THAT SUMMARY JUDGMENT WAS PROPERLY GRANTED BASED UPON THE FAIR COMMENT & OPINION PRIVILEGES?

Robinson, Gregory v. Baltimore Police Department - Case No. 17, September Term 2011

ISSUE - PUBLIC SAFETY - UNDER THE LAW ENFORCEMENT OFFICERS’ BILL OF RIGHTS, DOES THE SAME ONE-YEAR STATUTE OF LIMITATIONS DATE WHICH BEGAN WHEN THE INITIAL INCIDENT CAME TO THE AGENCY’S ATTENTION ALSO APPLY TO ALLEGATIONS OF A FALSE STATEMENT MADE DURING A SUBSEQUENT INTERNAL INVESTIGATION DIVISION INTERVIEW?

State v. Tavon Armstrong - Case No. 21, September Term 2011.

ISSUES - CRIMINAL LAW - (1) WHETHER THE TRIAL COURT MUST NOTIFY A DEFENDANT OF A JURY COMMUNICATION ON THE RECORD? (2) IF NOT, HOW MAY AN APPELLANT CLAIM & PROVE THAT TRIAL COURT VIOLATED THE NOTIFICATION PROVISION? (3) WHOSE BURDEN IS IT TO CREATE A RECORD OF ERROR AND IF ESTABLISHED, DEMONSTRATE ITS POTENTIAL HARMLESSNESS?

State v. Leon Thomas Coleman, Jr. - Case No. 14, September Term 2011.

ISSUES - CRIMINAL LAW - (1) DID THE LOWER COURT ERR BY SUGGESTING A BREACH OF CONTRACT MAY NOT GIVE RISE TO A CRIMINAL ACTION FOR THEFT; IMPROPERLY SUBSTITUTING ITS JUDGMENT FOR THAT OF THE JURY BY FAILING TO CONSIDER CERTAIN EVIDENCE & FAILING TO VIEW OTHER EVIDENCE IN THE LIGHT MOST FAVORABLE TO THE STATE; AND ERRONEOUSLY HOLDING THAT AN INTENT TO COMMIT THEFT BY DECEPTION CANNOT BE INFERRED BASED UPON FACTS THAT OCCURRED AFTER THE DATE DEFENDANT OBTAINED OR EXERTED UNAUTHORIZED CONTROL OVER THE PROPERTY OF THE VICTIM? (2) IS A TRANSFER OF PROPERTY FROM THE VICTIM TO A PARTY OTHER THAN DEFENDANT A “TRANSFER OF INTEREST OR POSSESSION” WITHIN THE MEANING OF THE THEFT STATUTE? (3) DID THE LOWER COURT ERRONEOUSLY HOLD THE DEPOSITS ON NEW HOMES ACT INAPPLICABLE WHERE THE LAND & NEW RESIDENTIAL UNIT ARE NOT CONVEYED SIMULTANEOUSLY?

 

Denied May 6, 2011

In Re: Criminal Investigation - Pet. Docket No. 103