Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2012

Granted March 1, 2013

Kelly N. Canavan, et al. v. Maryland State Board of Elections, et al. - Case No. 104, September Term, 2012

Issues - Constitutional Law - 1) Are claims alleging a failure of the legislature to follow constitutional processes for amending the MD Constitution and enacting new laws sufficiently substantive in nature to preclude laches or Election Law defenses? 2) Did the General Assembly err in having MD citizens vote on whether to expand commercial gaming? 3) Were MD voters inadequately informed about the constitutional implications of Question 7, thereby calling into question whether they intended to approve change to the constitution? 4) Did the trial court err in its interpretation of the phrase "majority of the qualified voters in the state" in MD. Const. Article XIX(e)?

Granted March 5, 2013

Tyairra Johnson v. Housing Authority of Baltimore City - Case No. 17, September Term, 2013

Issues - Torts - 1) Did the trial court err in granting Appellee's motion for summary judgment on the grounds that Appellant failed to comply with the notice requirement of Cts. & Jud. Proc §5-304? 2) Did the trial court abuse its discretion in declining to grant Appellant's motion to waive the notice requirement for good cause? 3) Is the notice requirement, as applied to an injured minor's claim for lead poisoning against a housing authority, an unreasonable restriction upon a traditional remedy and to the minor's access to the courts in violation of Art. 19 of the MD Declaration of Rights?

Granted March 22, 2013

Clara A. Henriquez Aleman v. State of Maryland - Case No. 19, September Term, 2013

Issues - Transportation Law - 1) Does the dangling of an item or items from the inside rearview mirror constitute reasonable ground for a traffic stop on the grounds of operating a motor vehicle with an obstructed view? 2) Is MD Transp. Art. § 21-1104(c)(1) (2012) without clear guidance to the motoring public and law enforcement so as to be unconstitutionally vague?

American Bank Holdings, Inc. v. Brian Kavanagh, et al. - Case No. 21, September Term, 2013

Issues - Civil Procedure - Does the denial of a motion to compel arbitration constitute an appealable final judgment under MD law?

David Bernstein v. William Ely - Case No. 23, September Term, 2013

Issues - Constitutional Law - 1) Did the lower court err in denying Petitioner's motion to vacate judgment and dismiss the complaint in a summary ejectment matter when there was evidence of irregularities in service of process, that defective service prevented Petitioner from raising defenses to the complaint, and that even if service of process is deemed sufficient Petitioner had no actual notice of the proceeding until after trial? 2) Did the lower court err when, upon granting Petitioner's motion to hear the appeal on the record, it denied Petitioner's request that the argument be postponed until a transcript could be forwarded to the court and Petitioner could file an appellant's memorandum as required by Md. Rule 7-113?

Housing Authority of Baltimore City v. Amafica K. Woodland - Case No. 18, September Term, 2013

Issues - Torts - 1) Did the trial court err as a matter of law in finding substantial compliance with the Local Government Tort Claims Act ("LGTCA")? 2) Did the trial court abuse its discretion in finding good cause to excuse compliance with the notice requirement of the LGTCA? 3) Did the trial court err by not permitting Appellant to present evidence that it acted reasonably by complying with the applicable requirements of the Reduction of Lead Risk in Housing Act in effect at the time of the occurrence? 4) Did the trial court err by admitting hearsay evidence of lead paint at the property, which evidence lacked circumstantial guarantees of trustworthiness?

Wesley Torrance Kelly v. State of Maryland - Case No. 26, September Term, 2013

Issues - Criminal Law - 1) Did the trial court err in denying Petitioner's motions to suppress evidence obtained as a result of the warrantless placement and subsequent tracking of a global positioning system ("GPS") device on Petitioner's vehicle? 2) Did CSA err when it held that the good faith exception to the exclusionary rule applies in a situation where no "binding appellate precedent" existed that authorized the placement and tracking of a GPS device for purposes of establishing probable cause to arrest?

Montgomery County, Maryland v. John Distil - Case No. 22, September Term, 2013

Issues - County Government - 1) Can the County enforce a permissive user clause in its self-insurance guarantee that excludes insurance coverage to County employees who use their county-owned vehicles outside the scope of the permissive use and can the County seek reimbursement from the employee for the damages incurred? 2) Does the collective bargaining agreement between the Fraternal Order of Police, Lodge 35, and the County bar the County from subrogating against a police officer for the cost of repairs to his county vehicle that was driven in violation of the vehicle use policy?

Montgomery County, Maryland v. Khana Soleimanzadeh, et al. - Case No. 25, September Term, 2013

Issues - Real Property - 1) Where there is no genuine dispute of material fact as to the valuation of a property taken in an eminent domain proceeding, may the trial court enter judgment pursuant to MD Rule 2-501 in favor of the condemnor as a matter of law? 2) Does a condemnee have a constitutionally protected right to have a jury determine just compensation even when sanctions against the condemnee prohibit the condemnee from introducing evidence in support of a claim for just compensation and the condemnee fails to show the existence of a dispute of material fact as to the compensation to be awarded? 3) Does a condemnee have a burden to produce evidence when it disputes a condemnor's estimate of fair market value? 4) Did the award of summary judgment in favor of the condemnor impair the condemnees' right to a jury trial? 5) Can the right to a jury trial in an eminent domain proceeding be waived by the landowner's failure to follow clearly proscribed rules?

Montgomery County, Maryland v. Joseph Soleimanzadeh - Case No. 27, September Term, 2013

Issues - Real Property - 1) Where there is no genuine dispute of material fact as to the valuation of a property taken in an eminent domain proceeding, may the trial court enter judgment pursuant to MD Rule 2-501 in favor of the condemnor as a matter of law? 2) Does a condemnee have a constitutionally protected right to have a jury determine just compensation even when sanctions against the condemnee prohibit the condemnee from introducing evidence in support of a claim for just compensation and the condemnee fails to show the existence of a dispute of material fact as to the compensation to be awarded? 3) Does a condemnee have a burden to produce evidence when it disputes a condemnor's estimate of fair market value? 4) Did the award of summary judgment in favor of the condemnor impair the condemnees' right to a jury trial? 5) Can the right to a jury trial in an eminent domain proceeding be waived by the landowner's failure to follow clearly proscribed rules?

Noel Tshiani v. Marie-Louise Tshiani - Case No. 24, September Term, 2013

Issues - Family Law - 1) Does MD recognize under the principle of comity foreign wedding ceremonies where the groom participated only by telephone? 2) Does MD require the physical presence of both parties at a wedding ceremony in order for the marriage to be valid?

Melvin D. Williams v. State of Maryland - Case No. 20, September Term, 2013

Issues - Criminal Law - 1) Where Petitioner states unequivocally and conspicuously his desire to discharge his attorney in a letter filed with the trial court, is the court required to comply with the requirements of MD Rule 4-215(e), without the need for Petitioner to repeat the request in open court? 2) Did CSA misinterpret MD Crim. Law Art. § 9-408 (2002, 2011 Cum. Supp.) in upholding Petitioner's conviction for resisting arrest where the force allegedly used in resisting arrest was "employed against someone other than the police officer who is attempting to effectuate the arrest"?

 

Denied March 25, 2013

Ashwood, Floyd v. State - Pet. Docket No. 615
Baltimore City Entertainment Group v. Mayor & City Council of Baltimore - Pet. Docket No. 617
Bouma v. Bouma - Pet. Docket No. 575
Bridgeford, Douglas Charles v. State - Pet. Docket No. 600
Brown v. Cedar Loans - Pet. Docket No. 587
Brummell, Kent Aubrey v. State - Pet. Docket No. 571
Butler, Courtney Darnell v. State - Pet. Docket No. 570
Conner, Harrel Eugene, Jr. v. State - Pet. Docket No. 567
Cox, Vernon T. v. State - Pet. Docket No. 626
Delaine and G&G Cars International v. Motes - Pet. Docket No. 580
Diaz, Juan Jose v. State - Pet. Docket No. 604
Dyer v. Maryland State Board of Education - Pet. Docket No. 629
Dynacorp v. Aramtel - Pet. Docket No. 598
Francis, Tyrone & Smith, Milton v. State - Pet. Docket No. 588
French v. Catlett - Pet. Docket No. 582
Gillies v. Gillies - Pet. Docket No. 578
Herron 393 v. Feltman - Pet. Docket No. 605
Holland, Andre v. State - Pet. Docket No. 584
Johnson, Walter James v. State - Pet. Docket No. 541
Jones, Duane v. Division of Corrections & Md. Parole Commission - Pet. Docket No. 577
Kerpelman v. Cover - Pet. Docket No. 523
Khan v. Niazi - Pet. Docket No. 573
Krysiak, John Douglas v. State - Pet. Docket No. 499
Leftwich, Rory Wade v. State - Pet. Docket No. 602
Long v. Fireman's Fund Insurance - Pet. Docket No. 616
Millstone v. Address - Pet. Docket No. 586
Olson, Phillip Thane v. State - Pet. Docket No. 593
Owen v. Reeded Edge - Pet. Docket No. 530
Presentation Media Corp. v. Comptroller of the Treasury - Pet. Docket No. 576
Psallidas v. Kolas - Pet. Docket No. 608
Rawlston, John v. State - Pet. Docket No. 546
Reed v. Rochkind - Pet. Docket No. 606
Scott, Adam Burk v. State - Pet. Docket No. 599
Shore Lands v. Dixie Construction - Pet. Docket No. 603
Smith v. Turner - Pet. Docket No. 556
Snowden, Carl v. State - Pet. Docket No. 610
Stitt v. Magruder/Cedar Ave - Pet. Docket No. 467
Thomas, Clayton Lorenzo v. State - Pet. Docket No. 572
Tyler, Wendy Lynn v. State - Pet. Docket No. 581
Upshur, Alan v. State - Pet. Docket No. 594
Wiley, Douglas Andrew v. State - Pet. Docket No. 614
Wilkins v. Wilkins - Pet. Docket No. 566
Wood v. Valliant - Pet. Docket No. 612

Granted March 27, 2013

Richard Lynn Harris v. State of Maryland - Case No. 105, September Term, 2012

Issues - Criminal Law - 1) Does retroactive application of the sex offender registration law violate the ex post facto clauses of the state and federal constitutions in light of changes to the law since this Court's decision in Young v. State? 2) Is Petitioner entitled to specific enforcement of his plea agreement where he entered a plea to an offense which, at the time of the plea, did not obligate him to register as a sex offender? 3) Assuming for the sake of argument that sex offender registration does not constitute a part of a criminal sentence, is the State authorized to appeal from an order exempting a defendant from registration?