Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2011

 

Denied December 19, 2011

Aecom Services, Inc. v. Baltimore County - Pet. Docket No. 350

Ahmad, M. Abraham v. Eastpines Terrace - Pet. Docket No. 378

Alexander, Damian Joseph v. State - Pet. Docket No. 353

Andres, David Steven v. Greenwood Towing - Pet. Docket No. 171

Bevans, William C., Jr. v. Old Georgetown Village - Pet. Docket No. 376

Boggs, Patrick v. White Rocks Marina - Pet. Docket No. 195

Brown, Rasul Malik v. State - Pet. Docket No. 324

Byrd, Hayward, Jr. v. Benjamin - Pet. Docket No. 359

Cochrell, Joel E. v. Kosienski - Pet. Docket No. 305

Extra Space Storage v. Rafiq - Pet. Docket No. 372

Falls Road Community v. Mueller - Pet. Docket No. 358

Financial Casualty & Surety v. State - Pet. Docket No. 451

Gaines, Jamal Michael v. State - Pet. Docket No. 395

Galloway, Sharon v. Martin - Pet. Docket No. 383

Garland, Lorene v. Ware - Pet. Docket No. 362

Garrison-Bailey, Sharron D. v. Cohn - Pet. Docket No. 454

Greiner, Martin Edgar, Jr. v. Eastern Correctional Inst. - Pet. Docket No. 354

Guzman, Luis Alfonso v. State - Pet. Docket No. 347

Hasan, Karrem v. State - Pet. Docket No. 323

In Re: Dakota M., Viper M., and Eva M. - Pet. Docket No. 385

In Re: Malachi D. and Joy D. - Pet. Docket No. 386

Kanios, Althena v. Marlow and State - Pet. Docket No. 390

Laroche, Marie B. v. Depart. of Labor, Licensing and Regulation - Pet. Docket No. 382

Malkus, Michael Louis v. State - Pet. Docket No. 349

Mazerski, Thomas E. v. Mobilepro - Pet. Docket No. 367

Meadows, Patricia v. Utermohle - Pet. Docket No. 356

Moore, James Edward, Jr. v. Shearin - Pet. Docket No. 387

Nace, Barry J. v. Miller - Pet. Docket No. 373

Naylor, Debra v. Prince George's County Planning Bd. - Pet. Docket No. 360

Perez, Juan Maximo v. State - Pet. Docket No. 380

Roby, Erin Gilland v. MD State MVA - Pet. Docket No. 357

Scott, Jonathan H. v. District Court - Pet. Docket No. 291

Simmons, Jawan Gregory v. State - Pet. Docket No. 351 and conditional cross-petition both denied.

Sogbesan, Olufemi Abidemi v. State - Pet. Docket No. 321 and conditional cross-petition both denied.

Sudduth, Roy v. Conover - Pet. Docket No. 363

Sudduth, Roy v. Conover - Pet. Docket No. 364

Thorne, Russell Ryson v. State - Pet. Docket No. 322

Turner, Divest Anthony v. State - Pet. Docket No. 371

Vincent, Raymond L., Sr. v. State - Pet. Docket No. 368

Ward, Leo Cherry v. State - Pet. Docket No. 308

Warren, Sherza v. Levitas - Pet. Docket No. 369

Watson, Reginald v. State - Pet. Docket No. 348

White, Raymond v. Horning, Warden - Pet. Docket No. 300

 

Granted December 16, 2011

Ellis C. Burruss et al. v. Board of County Commissioners of Frederick County et al. - Case No. 99, Sept. Term, 2011

Issue - Constitutional Law - Does the “sufficient cumulative information standard” forbid the invalidation of petition entries (a) merely because the signer omits an unused first name or middle name when writing his or her full name or signature, and (b) for name-related defects if the entry contains address or birth date information from which the signer’s identity can be corroborated?

Judy Curtis v. US Bank National Association etc. - Case No. 96, Sept. Term, 2011

Issues - Real Property - (1) Did the trial court err in concluding that Petitioner’s bona fide lease was terminated immediately upon provision of a notice to vacate by the foreclosure sale purchaser rather than at the end of the term following the require notice period? (2) Did the trial court err in concluding that Respondent provided a valid notice to vacate under the Protecting Tenants at Foreclosure Act (PTFA) & Maryland law? (3) Did the trial court err in granting Respondent’s motion for possession when Respondent prematurely filed its motion, falsely averring that it had the present right to possession in the already summary process provided in Md. Rule 14-102?

Erie Insurance Exchange v. Estate of Jeanne Reeside - Case No. 98, Sept. Term, 2011

Issue - Estates & Trusts - Did the trial court err by failing to enter an order enforcing the parties’ settlement agreement and/or permitting the case to proceed to trial after a substituted agreement had been reached?

Nancy S. Forster v. State of Maryland, Office of the Public Defender - Case No. 92, Sept. Term, 2011

Issues - Statutory - (1) Did the lower court err in granting the motion to dismiss appellant’s wrongful discharge cause of action where she clearly alleged that her employment was terminated because she refused to implement ultra vires orders from the Board of Trustees? (2) Did the lower court err in granting the motion to dismiss appellant’s wrongful discharge cause of action where she plainly alleged that her employment was terminated because she refused to engage in unlawful activity as ordered by the Board of Trustees, she refused to violate clear public policy & because she exercised her statutorily prescribed duties as the Maryland Public Defender?

Anthony M. Frazier v. Castle Ford, LTD. f/k/a Crystal Ford Isuzu, LTD - Case No. 93, Sept. Term, 2011 - Petition and Cross Petition granted.

Issues - Statutory - (1) Are punitive damages no longer available to a plaintiff after suit has been filed for deceptive practices if the compensatory damage sought by the plaintiff in the suit have been offered or paid by the defendant? (2) Does the tender of payment to a class representative plaintiff before the filing of a motion for class action certification require dismissal of the entire suit because there is no remaining controversy to adjudicate & therefore the claim is moot?

Joy Friolo v. Douglas Frankel et al. - Case No. 102, Sept. Term, 2011 - Petition and Cross Petition granted.

Issues - Labor & Employment - (1) Whether the lower court’s approach to adjudicating shifted attorneys’ fees under wage payment & overtime statutes set forth by that court directly contravenes the public policies set forth in the wage payment & overtime statutes, misapprehends legislative intent & conflicts with this Court’s rulings in Friolo I and III & all other pertinent authorities? (2) Whether the lower court erred & contravened Friolo III in reducing fees for Friolo’s counsel’s appellate work where counsel has been completely successful at the appellate stages of the case by referencing & applying the exact same percentage reduction it applied to the trial court? (3) Whether the lower court erred as to the pertinent facts resulting in a very severe reduction in its attorneys’ fees award under its applied mathematical formula? (4) Whether the lower court erred in the manner in which it adjudicated costs other than attorneys’ fees including the Master’s fee?

Gregory Marshall v. State - Case No. 103, Sept. Term, 2011

Issue - Criminal Law - Did the lower court err in holding that because “meaningful trial proceedings had begun,” Rule 4-215 did not apply to the Petitioner’s request to discharge counsel even though the Petitioner had announced as the venire entered the courtroom “Your Honor, I’d like to represent myself,” & the trial judge deferred consideration of the Petitioner’s request until completion of the roll call of jurors?

Michael T. McCloud v. Department of State Police, Hangun Permit Review Board - Case No. 101, Sept. Term, 2011

Issue - Constitutional Law - Public Safety - Whether the lower court erred in following the Attorney General’s opinion in 91 Op. Att’y 68 as to what constitutes a disqualifying crime?

Daniel A. McNeal v. State - Case No. 94, Sept. Term, 2011

Issue - Criminal Law - Should this Court’s decision in Prince v. State apply to verdicts which are factually inconsistent as well as those which are legally inconsistent?

Jerome Pinkney v. State - Case No. 97, Sept. Term, 2011

Issue - Criminal Law - When an accused moves to discharge counsel under Md. Rule 4-215(e) & the trial judge finds that the accused has not presented meritorious reasons for the discharge, may the judge require the accused to proceed to trial with his assigned counsel without first informing him that he may discharge counsel himself & proceed pro se if he chooses?

Sheriff Darren M. Popkin v. Deputy Erick Gindlesperger - Case No. 104, Sept. Term, 2011

Issue - Public Safety - Did the trial court commit reversible error when it ordered the pre-LEOBR hearing production of unrelated internal affairs case files pursuant to Sec. 3-107(d)(l) of the Public Safety Art. which only authorizes subpoenas for the production of records at LEOBR hearings?

Kelly Swartzbaugh et al. v. Encompass Insurance Company of America - Case No. 100, Sept. Term, 2011

Issues - Insurance Law - (1) In a matter of first impression for purposes of Insurance Art. Sec. 19-510 what is the definition of the term “first named insured”? (2) Because the “Uninsured Motorist Waiver” is on the form required by the Maryland Insurance Administration & not part of the private insurance contract, may a private party “self-define” a statutory term?

Grayson Darnell Taylor v. State - Case No. 95, Sept. Term, 2011

Issue - Criminal Law - Did Petitioner receive ineffective assistance of counsel where his lawyer sued him for the fee during his representation prior to the actual trial?