Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2011

 

Denied September 19, 2011

4 Aces Bail Bonds v. State - Pet. Docket No. 128
Baker, Ronald Richard II v. State - Pet. Docket No. 176
Bannerman, Alexander v. State - Pet. Docket No. 183
Betskoff v. Martin Groff - Pet. Docket No. 202
Bowers v. Bowers - Pet. Docket No. 69 (motion for reconsideration)
Brazzley, Alonzo Joseph v. State - Pet. Docket No. 201
Crisp v. Gables - Pet. Docket No. 181
Couvillon v. Montgomery County - Pet. Docket No. 198
Cross, Donnell v. State - Pet. Docket No. 197
DiMattei, Michael Paul v. State - Pet. Docket No. 190
Duncan v. Potkin - Pet. Docket No. 186
Dykes, Alexander Gordon v. State - Pet. Docket No. 206
Eliff v. Williams - Pet. Docket No. 175
Fischer, David Michael v. State - Pet. Docket No. 184
Geyer, William August III v. State - Pet. Docket No. 191
Gordon, Liley Lee v. State - Pet. Docket No. 193
Hardy, Wilbert v. State - Pet. Docket No. 203
Harvey v. Baltimore - Pet. Docket No. 292
Hayes, Derrick v. State - Pet. Docket No. 173
Hope, Nathaniel v. State - Pet. Docket No. 199
Hunter, Jerel v. State - Pet. Docket No. 45
In Re: Adoption of Jayla N. - Pet. Docket No. 587* (motion for reconsideration)
Itlog Homes v. Szczerbicki - Pet. Docket No. 172
Reval v. Baystate Pools - Pet. Docket No. 127|
Romero v. NVR - Pet. Docket No. 60 (motion for reconsideration)
Samuel v. McCarthy - Pet. Docket No. 182
Simms, Joseph A. v. State - Pet. Docket No. 189
Steffy, Erin Eileen v. State - Pet. Docket No. 190
Stetina v. Realty Executives - Pet. Docket No. 180
Simmons, Byron v. State - Pet. Docket No. 61
Taccino v. Queen City Metals - Pet. Docket No. 167
Ukandu v. Maryland Reception - Pet. Docket No. 149
Union Baptist Development v. Union Baptish Church - Pet. Docket No. 179
Voltolina v. Property Homes - Pet. Docket No. 174
White, Dwayne D. v. State - Pet. Docket No. 89
Williams, Willie James v. State - Pet. Docket No. 120

 

Granted September 16, 2011

Broom, Ojdo v. State - Case No. 65, September Term 2011.

ISSUE - CRIMINAL LAW - WHERE A PERSON IS OTHERWISE ENTITLED TO HAVE RECORDS RELATED TO A CRIMINAL CHARGE EXPUNGED, DOES THE FACT THAT THE PERSON PREVIOUSLY HAD ANOTHER UNRELATED CHARGE STETTED MEAN THAT HE OR SHE CONTINUES TO BE “A DEFENDANT IN A PENDING CRIMINAL PROCEEDING,” AND THEREFORE INELIGIBLE FOR THE REMEDY OF EXPUNGEMENT?

Broom, Ojdo v. State - Case No. 66, September Term 2011.

ISSUE - CRIMINAL LAW - WHERE A PERSON IS OTHERWISE ENTITLED TO HAVE RECORDS RELATED TO A CRIMINAL CHARGE EXPUNGED, DOES THE FACT THAT THE PERSON PREVIOUSLY HAD ANOTHER UNRELATED CHARGE STETTED MEAN THAT HE OR SHE CONTINUES TO BE “A DEFENDANT IN A PENDING CRIMINAL PROCEEDING,” AND THEREFORE INELIGIBLE FOR THE REMEDY OF EXPUNGEMENT?

Davis, Tyrone v. State - Case No. 59, September Term 2011.

ISSUE - CRIMINAL LAW - DID THE TRIAL COURT PROPERLY DENY PETITIONER’S MOTION TO SUPPRESS EVIDENCE SEIZED AS A RESULT OF A WIRETAP?

Foster, Craig v. State - Case No. 64, September Term 2011.

ISSUE - CRIMINAL LAW - WHERE A PERSON IS OTHERWISE ENTITLED TO HAVE RECORDS RELATED TO A CRIMINAL CHARGE EXPUNGED, DOES THE FACT THAT THE PERSON PREVIOUSLY HAD ANOTHER UNRELATED CHARGE STETTED MEAN THAT HE OR SHE CONTINUES TO BE “A DEFENDANT IN A PENDING CRIMINAL PROCEEDING,” AND THEREFORE INELIGIBLE FOR THE REMEDY OF EXPUNGEMENT?

Hamilton, Frances V. v. Baltimore Police Department - Case No. 61, September Term 2010.

ISSUES - PUBLIC SAFETY - (1) WHO HOLDS THE ULTIMATE RESPONSIBILITY FOR TRANSMITTAL OF THE RECORD UNDER MD RULE 7-206? (2) DID A LAW ENFORCEMENT OFFICER SUBSTANTIALLY COMPLY WITH MD. RULE 7-206 WHEN THE DELAY IN TRANSMITTAL WAS AT LEAST IN PART DUE TO THE LAW ENFORCEMENT AGENCY’S ACTIONS OR INACTIONS WHICH RESULTED IN ONE DAY BEYOND THE TIME LIMITS AS PRESCRIBED BY MD. RULE 7-206(c)?
(3) DID THE RESPONDENT DENY A POLICE OFFICER’S RIGHT UNDER THE LAW ENFORCEMENT OFFICERS’ BILL OF RIGHTS (LEOBR) WHEN IT REFUSED TO PLACE THE POLICE OFFICER ON ACTIVE DUTY OR SUSPENDED WITH PAY STATUS BEFORE IT SCHEDULED A TRIAL BOARD HEARING?

People's Insurance Counsel Division v. Allstate Insurance Company, et al. - Case No. 60, September Term 2011.

ISSUES - INSURANCE - (1) DID THE LOWER COURT ERR IN CONCLUDING THAT INS. SEC. 27-501(a)(2) HAS NO APPLICABILITY TO AN INSURER’S DECISION NOT TO PROVIDE HOMEOWNER’S INSURANCE TO A PARTICULAR GEOGRAPHICAL AREA IN THE STATE? (2) DID THE LOWER COURTS CORRECTLY CONCLUDE BASED ON ESTABLISHED PRINCIPLES OF ADMINISTRATIVE LAW & JUDICIAL REVIEW THAT SUBSTANTIAL EVIDENCE SUPPORTED THE COMMISSIONER’S FINAL ORDER?

Roberts, Barry v. State - Case No. 63, September Term 2011.

ISSUES - CRIMINAL LAW - (1) WHETHER “SOME EVIDENCE” OF SELF-DEFENSE CAN BE GENERATED BY THE DEFENDANT THROUGH CROSS-EXAMINATION OF THE STATE’S WITNESSES SUFFICIENT TO JUSTIFY A PERFECT OR IMPERFECT DEFENSE TO THE CHARGE OF MURDER? (2) WHETHER THE TRIAL COURT ERRED DURING SENTENCING WHEN IT TOOK INTO ACCOUNT IMPERMISSIBLE CONSIDERATIONS RELATING TO UNCHARGED CONDUCT FOR WHICH NO RELIABLE EVIDENCE EXISTED WHEN DETERMINING PETITIONER’S SENTENCE?

State v. Reginald Stringfellow - Case No. 62, September Term 2011.

ISSUES - CRIMINAL LAW - (1) DID RESPONDENT WAIVE HIS APPELLATE COMPLAINT THAT A VOIR DIRE QUESTION IRREPARABLY BIASED THE ENTIRE JURY AGAINST HIM BY ACCEPTING THE JURY AS EMPANELED? (2) DID THE TRIAL COURT PROPERLY EXERCISE ITS DISCRETION TO ASK THE CHALLENGED VOIR DIRE QUESTIONS WHICH INTENDED TO IDENTIFY ANY PROSPECTIVE JUROR BIASED IN FAVOR OR FORENSIC EVIDENCE TO THE EXCLUSION OF ALL OTHER EVIDENCE? (3) IF THE TRIAL COURT ERRED, IS THE ERROR HARMLESS BEYOND A REASONABLE DOUBT IN LIGHT OF OTHER CONTEMPORANEOUS VOIR DIRE, THE PRESENTATION OF EVIDENCE, THE FINAL INSTRUCTIONS OF THE TRIAL COURT & THE ARGUMENTS OF COUNSEL?