Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2012

 

Granted October 19, 2012

Joanna Anthony v. Peter Garrity - Case No. 78, September Term, 2012

Issues – Family Law – (1) When a person is on the street outside a dwelling from which that person is barred by a Protective Order, does an individual inside the dwelling have probable cause to call 911 as a matter of law or is that a fact issue to be resolved by a jury based on the subjective beliefs of that individual? (2) Does the street area in front of a home constitute a "common area surrounding the dwelling" in cases where a Protective Order bars entry to the dwelling? (3) Is calling 911 enough to establish grounds for a "malicious prosecution" claim, where arrest and prosecution resulted from the decision of law enforcement that the Protective Order was violated?

Shelton Burris a/k/a Tyrone Burris v. State of Maryland - Case No. 79, September Term, 2012

Issues – Criminal Law – (1) Whether it was error for the trial court to admit extensive gang-related evidence, including expert testimony, that Petitioner was a member of the Black Guerrilla Family gang? (2) Whether CSA erred in holding that expert testimony on gangs was admissible to explain why several witnesses recanted prior to trial?

Clayton Colkley v. State of Maryland - Case No. 81, September Term, 2012

Issues – Criminal Law – (1) Does the former testimony exception to the hearsay rule bar the admission of prior testimony by a witness who, subsequent to providing the testimony, was convicted of perjury? (2) Did CSA err in holding that trial counsel was not ineffective for failing to move for the admission of prior testimony under the former testimony exception or, in the alternative, that the trial court did not abuse its discretion in refusing to propound a missing witness instruction? (3) Where an internal affairs investigator for the police found "facts sustained" against officers, did the trial court err in refusing to permit the defense to inspect internal investigation division files concerning misconduct by those officers and, at trial, in refusing to allow the defense to cross-examine the officers about the misconduct?

Benjamin Morgan Hawkes v. State of Maryland - Case No. 76, September Term, 2012

Issues – Criminal Law – Whether the statutory right to conditional release under Crim. Proc. Art. § 3-114(c) requires a showing that the committed individual would not pose a risk of danger to self or the person or property of others without regard to the conditions designed to address such risk?

Gail B. Litz v. Maryland Department of the Environment, et al. - Case No. 75, September Term, 2012

Issues – Courts & Judicial Proceedings – (1) Whether the statute of limitations bars a claim against a defendant who has continuously contaminated surface and groundwater for longer than three years, and who continues to contaminate that water? (2) Whether groundwater contamination that polluted surface water is a permanent nuisance notwithstanding that Respondents had entered into a Consent Order which required the Town to abate the nuisance? (3) Whether Petitioner's cause of action for inverse condemnation accrued when the lake was first polluted in 1996 or when her bank foreclosed on her property in 2010? (4) Whether the lower court erred when it held that Petitioner has not shown a "series of acts or course of conduct" that could toll the statute of limitations?

Dakota D. McDaniel v. State of Maryland - Case No. 70, September Term, 2012

Issues – Criminal Law – (1) Does § 11-603(a)(2)(i) of the Crim. Proc. Art. preclude an award of restitution to a victim who has been injured, but who has not yet incurred any "actual medical, dental, hospital, counseling, funeral, or burial expenses or losses"? (2) Even if authorized by statute, was the order of restitution in this case improper because it was based on estimates not contained in the record for possible dental treatment not certain to occur in the future?

Motor Vehicle Administration v. James Robert Spies, III - Case No. 73, September Term, 2012

Issues – Transportation Law – (1) Does a police officer have reasonable grounds to request a blood alcohol test under Transportation Art. § 16-205.1(a)(2) of a driver based solely on a moderate odor of alcohol on their breath? (2) Under Transportation Art. § 16-205.1(a)(2), may an officer draw a negative inference from a driver's refusal to take roadside sobriety tests? (3) Does the observation of an alleged moving violation and/or the refusal to undergo field sobriety tests in conjunction with a moderate odor of alcohol constitute reasonable grounds to request that a person submit to a blood alcohol test under Transportation Art. § 16-205.1(b)(2)?

Ocean City, Maryland Chamber of Commerce, Inc. v. Daniel J. Barufaldi - Case No. 77, September Term, 2012

Issues – Courts & Judicial Proceedings – (1) Did CSA employ the wrong standard of review in reversing the trial court's denial of fees? (2) May trial courts consider the inability of a defendant to pay in deciding whether to award fees in a Maryland Wage Payment and Collection Law (MWPCL) case? (3) May trial courts consider the deterrent effect of a fee award in deciding whether to award fees in an MWPCL case? (4) May trial courts consider the applicability of the case beyond its particular factual context in deciding whether to award fees in an MWPCL case? (5) On what grounds or under what circumstances may a trial court properly deny a claim for fees under the MWPCL?

Bashawn Montgomery Ray v. State of Maryland - Case No. 80, September Term, 2012 (petition and conditional cross-petition)

Issues – Criminal Law – (1) Did CSA err in holding that there existed probable cause to arrest Petitioner under the common enterprise theory when counterfeit credit cards were discovered in a vehicle that was later found to contain items purchased using those credit cards? (2) Should CSA have refused to address Petitioner's claim that he was arrested without probable cause where this issue was not raised at the suppression hearing and no testimony or evidence was produced on the circumstances of his arrest?

David Scull, et al. v. Groover, Christie & Merritt, P.C. - Case No. 71, September Term, 2012

Issues – Health – (1) Whether CSA erred in holding that the scope of the Consumer Protection Act's "professional services" exemption includes a physician's billing practices? (2) Whether CSA erred in holding that § 19-710(p) of the Health Gen. Art. does not include an implied private right of action against a health care provider?

State of Maryland v. Sean Fennell - Case No. 72, September Term, 2012

Issues – Criminal Law – (1) Is a trial court required to accept a partial verdict at the request of one party over the objection of the other? (2) Where the jury sends to the court a verdict sheet and the court sends the jury back for further deliberations, is it a proper exercise of the court's discretion to later declare a mistrial as to all charges when, upon further inquiry with the jury, the court concludes that the jurors were unable to reach a verdict?

Karl Marshall Walker, Jr. v. State of Maryland - Case No. 74, September Term, 2012

Issues – Criminal Law – (1) Whether sexual abuse of a minor is committed by the exchange of non-sexually explicit letters and drawings? (2) Did CSA err in ruling that Petitioner did not enjoy a reasonable expectation of privacy in his work desk for purposes of a Fourth Amendment challenge to a warrantless search of the desk

Denied October 22, 2012

Adam v. Maryland Management - Pet. Docket No. 260
Ains v. Parkinson - Pet. Docket No. 300
Allegheny Casualty Co., et al. v. State - Pet. Docket No. 259
Baltimore City Entertainment Group, LP v. Maryland Video Lottery Facility Location Commission - Pet. Docket No. 291
Banks, Trent L. v. State - Pet. Docket No. 277
Beckman v. Sean Raver, Inc. - Pet. Docket No. 293
Beyth v. Wittstadt - Pet. Docket No. 312
Brown v. Kesler - Pet. Docket No. 222
Carter, Walter v. State - Pet. Docket No. 262
Corbin v. Burson - Pet. Docket No. 342
Dixon, Gloria, et al. v. State - Pet. Docket No. 273
Dixon, Patrick Leon, III v. State - Pet. Docket No. 297
Dorman, Shala v. State - Pet. Docket No. 302
Falls Road Community Ass'n, Inc., et al. v. Maryvale Preparatory School, Inc. - Pet. Docket No. 345
Fickling v. Mont - Pet. Docket No. 221
Flowers, William Thaddus v. State - Pet. Docket No. 281
Floyd v. Gilliand Construction Services and the Injured Workers' Insurance Fund - Pet. Docket No. 310
Frederick Memorial Hospital v. Distefano - Pet. Docket No. 314
George v. Kay Management Company, Inc. - Pet. Docket No. 316
Golden, David Davon v. State - Pet. Docket No. 340
Grandison v. Saar - Pet. Docket No. 236
Hawthorne, John W. v. State - Pet. Docket No. 369
Hay v. James - Pet. Docket No. 325
Hernandez, Michael Florencio v. State - Pet. Docket No. 299
Holsey v. Catholic Charities, et al. - Pet. Docket No. 336
J.G. Nascon, Inc. et al. v. C.A. Murren & Sons Company, Inc. - Pet. Docket No. 313
Jackson v. Secretary, Department of Public Safety and Correctional Services - Pet. Docket No. 280
Khan v. Naizi - Pet. Docket No. 275
Kimberlin v. Walker - Pet. Docket No. 148
Kohl's Department Store, Inc. v. BL Quarterfield Associates LLC, et al. - Pet. Docket No. 328
Kukucka v. Decker - Pet. Docket No. 286
Lee, Christopher A. v. State - Pet. Docket No. 301
Liccione v. Cemaphore Systems, Inc., et al. - Pet. Docket No. 344
Mack, Tony E. v. State - Pet. Docket No. 283
McReady v. University of Maryland University College - Pet. Docket No. 288
Meade v. Kiddie Academy Domestic Franchising, LLC, et al. - Pet. Docket No. 308
Meese v. Meese - Pet. Docket No. 295
Montgomery, Bashawn v. State - Pet. Docket No. 330
Myers, Robert v. State - Pet. Docket No. 296
Nathaniel v. Mayor and City Council of Baltimore - Pet. Docket No. 278
Newton, Sharone v. State - Pet. Docket No. 214
Payne v. Perete, et al.- Pet. Docket No. 337
Poole, David Leroy v. State - Pet. Docket No. 168
Powell v. Powell - Pet. Docket No. 269
Randall v. PNC Bank, NA - Pet. Docket No. 326
Roberts, Barry v. State - Pet. Docket No. 287
Robertson v. Creamer - Pet. Docket No. 227
Saberg v. State Department of Assessments and Taxation - Pet. Docket No. 289
Shorter, Benjamin Wayne v. State - Pet. Docket No. 304
Stewart, Antonio v. State - Pet. Docket No. 327
Tanaka v. Magee - Pet. Docket No. 322
Tooson, Gregory v. State - Pet. Docket No. 306
Vann v. Vann - Pet. Docket No. 311
Vasquez, Omar v. State - Pet. Docket No. 305
Velasco, Pedro Juan v. State - Pet. Docket No. 341
Warren v. Laric - Pet. Docket No. 245
White, Darryl v. State - Pet. Docket No. 417
Williams, Michael v. State - Pet. Docket No. 294
Zembower v. Sivic - Pet. Docket No. 298