Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2011

 

Granted March 6, 2012

Angel Ochoa v. Department of Corrections and Public Safety - Case No. 123, September Term, 2011

Issue - Criminal Law - Is appellant subject to life time registration as a Tier III sex offender pursuant to Sec. 11-701 et. seq, Criminal Proc. Art. when the offenses for which appellant is compelled to register are not listed in the statute?

 

Granted March 16, 2012

Matthew C. Baker v. Montgomery County, Maryland - Case No. 124, September Term, 2011

Issues - Transportation Law -- (1) Did CSA err in ruling that any challenge by recipients of speed camera citations must be raised during the District Court trial? (2) Did CSA err in ruling that recipient of a speed camera citation waives all challenges to that citation by paying the fine? (3) Did CSA err in ruling that the amendment, while this case was in litigation, of all government contracts with prime contractor to state that contractor “does not operate” the speed monitoring renders the term “operator” inapplicable to contractor?

George J. Carroll v. State of Maryland - Case No. 126, September Term, 2011

Issues - Criminal Law - (1) Is a defendant entitled, upon request, to an instruction expressly informing the jury that the State has the burden of proving each element of every charged offense beyond a reasonable doubt? (2) When neither the required evidence test nor the rule of lenity apply, should convictions for the crimes of conspiracy to commit armed robbery and attempted armed robbery be merged as a matter of fundamental fairness?

John Doe v. Dept. of Public Safety & Correctional Services - Case No. 125, September Term, 2011

Issues - Constitutional Law - (1) Does the retroactive application of Maryland’s newly enacted sex offender registration laws violate the federal constitutional ban on ex post facto laws and Article 17 of the Maryland Declaration of Rights prohibiting ex post facto laws and ex post facto restrictions? (2) Do Maryland’s sex offender registration laws violate petitioner’s federal and state constitutional rights to due process? (3) Given that the plea agreement entered into by petitioner could not have contemplated registering as a sex offender, is he entitled to specific performance of the plea agreement?

Heavenly Days Crematorium, LLC v. Harris, Smariga and Associates, Inc. - Case No. 128, September Term, 2011

Issues - Torts - (1) Whether CSA erred in applying Sections 3-2C-01 and 3-2C-02 of the Cts. & Jud. Proc. Art. of the MD Code to a non-licensed professional? (2) Whether CSA violated canons of statutory construction by interpreting these sections in a way that ignores critical statutory language and is contrary to the plain and unambiguous meaning of the statute? (3) Whether CSA erred by interpreting these sections to require petitioner to file a certificate of qualified expert within ninety days of filing its complaint against respondent, where the claim was based solely on the negligent acts and omission of a non-licensed employee? (4) Whether CSA erred in finding that the trial court did not abuse its discretion in finding that petitioner did not show good cause to grant its request for waiver or modification of requirement to file a certificate of qualified expert within ninety days of filing its complaint?

Kenneth Thomas v. State of Maryland - Case No. 127, September Term, 2011

Issue - Criminal Law - Under Maryland Rules 5-802.1(b) and 5-616(c), did CSA correctly affirm trial court’s admission of a witness’s prior consistent statements when it held that if a witness had multiple motives to fabricate, the prior consistent statement was admissible so long as it predated at least one of those motives?

Konnyack A. Thomas v. State of Maryland - Case No. 130, September Term, 2011

Issue - Criminal Law - Did CSA correctly apply the well-settled factors used to determine custody for purposes of Miranda when concluding that petitioner was not in custody during his interview with the police?

Veronica Tinsley v. Washington Metropolitan Area Transit Authority - Case No. 1, September Term, 2012 (petition and conditional cross-petition both granted)

Issues - Transportation - (1) Whether petitioner’s claims against WMATA are barred by governmental immunity under Sec. 80 of the WMATA Compact? (2) Whether petitioner failed to make a prima facie case of negligence? (3) Whether the trial court erred in allowing petitioner’s expert witness who questioned WMATA’s immunized selection of cleaning products?

USA Cartage Leasing, LLC v. Baer - No. 129, September Term, 2011

Issues - Real Property Law - (1) Under the law of express easements, whether the trial court erred by improperly applying “way by necessity” concepts to locate the purported right-of-way easement on the ground when such easement was not described in the granting deed, was never agreed upon, and had never physically existed on the ground? (2) Whether under the law of express easements, lack of description or actual location render a purported right-of-way easement “wholly inoperative” because it is impossible to locate?

 

 

Denied March 19, 2012


Alaeze, Melvin U. v. State - Pet. Docket No. 532
Anderson, Joshua Kevin v. State - Pet. Docket No. 534
Azhdam v. Cahill - Pet. Docket No. 522
Bakos v. Prince George's County - Pet. Docket No. 474
Barnes, Eric Marquette v. State - Pet. Docket No. 516
Beatty, Jimmie Dailey v. State - Pet. Docket No. 531
Bell, Kirk v. State - Pet. Docket No. 523
Bey, Derrick McDonald v. State - Pet. Docket No. 524
Freeman, Benjamin M. v. State - Pet. Docket No. 530
Green v. Hall - Pet. Docket No. 504
Hager-Katz v. Hebrew Academy - Pet. Docket No. 518
Haines, Bruce Sheldon v. State - Pet. Docket No. 467
Ice, Robert William, Jr. v. State - Pet. Docket No. 481 (petition and conditional cross-petition)
Jett, Anderson v. State - Pet. Docket No. 513
Jones v. Kurkowski - Pet. Docket No. 503
Jones v. Housing Auth. of Baltimore - Pet. Docket No. 507
Kahindo v. State Dep't Federal Credit Union - Pet. Docket No. 424
Lampkin, Travis v. State - Pet. Docket No. 403
Laroche v. Fisher, et al. - Pet. Docket No. 533
Linebarger v. Yellow Book Sales & Dist. - Pet. Docket No. 433
Morris, Ryan Christopher v. State - Pet. Docket No. 476
Mosley, Jason Drew v. State - Pet. Docket No. 527
Peckman v. McNerney - Pet. Docket No. 502
Perry, Shawnte Renice v. State - Pet. Docket No. 505 (petition and conditional cross-petition)
Riggs v. BAJV, LLC. - Pet. Docket No. 498
Roberts, Andrew Craig, Jr. v. State - Pet. Docket No. 449
Sanders v. District Court of Prince George's Co. - Pet. Docket No. 391
Smith v. Greater Northwood Covenant Ass'n. - Pet. Docket No. 582
Stanford, Alan Ralph v. State - Pet. Docket No. 438
Sudduth v. The Cameron - Pet. Docket No. 553
Talib v. McCormick & Co. - Pet. Docket No. 517
Watson v. Cohn, Goldberg, Solomon & Rogers - Pet. Docket No. 18 (Sept. Term, 2012)
Williams v. Dobay - Pet. Docket No. 536
Zylanz, Kirk Wayne v. State - Pet. Docket No. 411