Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2012

Granted April 22, 2013

Delford Mitchell Barnes v. State of Maryland - Case No. 34, September Term, 2013

Issues - Criminal Law - 1) When search and seizure warrants for DNA and fingerprints have been fully executed, is the individual's continued detention in violation of the Fourth Amendment in the absence of probable cause to arrest or is the continued detention justified by reasonable suspicion that the person committed the crime under investigation? 2) Was the detention of Petitioner justified under the applicable standard? 3) When an individual has been transported to a police station in order to execute a search of the person, is it reasonable for police to prolong the detention by delaying execution of that search warrant pending a search of the individual's residence? 4) Was Petitioner's detention prior to the execution of the DNA and fingerprint warrants reasonable? 5) Is the Fourth Amendment unlawful detention argument preserved for appellate review when Petitioner's brief before CSA argued only that the continued detention rendered his subsequent consent to search involuntary?

Wilhelmina Bradford v. Jai Medical Systems Manaeged Care Organization, Inc. - Case No. 30, September Term, 2013

Issue - Health Law - Did CSA err when it ruled that as a matter of law the evidence was insufficient to establish that the concededly negligent podiatrist was the apparent agent of Respondent?

Franklin Credit Management Corporation v. Fred Nefflen - Case No. 32, September Term, 2013

Issues - Civil Procedure - 1) Did the trial court err or abuse its discretion in entering a default judgment under Rule 2-613(f) where the complaint or the evidence the court considered at the default hearing established that the plaintiff's claims are legally invalid? 2) Does Rule 2-613(g) permit a circuit court to revisit a defendant's liability through a Rule 2-534 motion to alter or amend a default judgment?

Ronald Alexander Hobby v. State of Maryland - Case No. 33, September Term, 2013

Issues - Criminal Law - 1) Was the evidence presented at trial sufficient to sustain a conviction for theft over $100,000 or at any level? 2) Was the evidence presented at trial sufficient to sustain a conviction for burglary?

Stephen Simmons v. State of Maryland - Case No. 29, September Term, 2013

Issue - Criminal Law - Did manifest necessity exist to justify the declaration of a mistrial in a case where defense counsel's opening statement the jury was told that Petitioner had offered to take a lie detector test, where the prosecutor's objection to that statement was sustained and an immediate curative jury instruction was given, and where the prosecutor waited to request a mistrial for two days, until after four State witnesses had testified and after the trial court had ruled that an expert witness for the State would not be allowed to testify?

TIG Insurance Company v. Monongahela Power Company - Case No. 31, September Term, 2013

Issues - Insurance Law - 1) Did CSA err when it held that an insurance policy becomes effective upon an insurer's issuance of a proposed policy to the policyholder? 2) Did CSA err when it affirmed that Pennsylvania law applied to interpretation and application of the terms of the insurance policies at issue in this case?

Hubert Allen Wood v. State of Maryland - Case No. 28, September Term, 2013

Issues - Criminal Law - 1) Where Petitioner's counsel filed a request for a competency evaluation that was later withdrawn with the Petitioner's concurrence, was the trial court required to determine, on evidence contained in the record, whether Petitioner was competent to stand trial pursuant to Crim. Proc. Art § 3-104(a) and/or as a matter of due process? 2) Was the trial court required to explicitly state on the record its determination of Petitioner's competency or does the implicit determination expressed in the trial court allowing Petitioner to withdraw his request for a competency evaluation suffice? 3) Did CSA err in holding that the trial court "implicitly determined" that Petitioner was competent to stand trial? 4) Did CSA err in its determination that Petitioner had not presented enough evidence to generate a jury instruction on legally adequate provocation?

 

Denied April 22, 2013

Alfred, Patrick L. v. State - Pet. Docket No. 654
Bowser, Lionel A. v. State - Pet. Docket No. 661
Braddy, James L. v. State - Pet. Docket No. 646
Brisbane, Leo E. v. State - Pet. Docket No. 640
Cartwright, Lundes Anthony v. State - Pet. Docket No. 641
Caveo Network Solutions v. McCauley - Pet. Docket No. 652
CCI Entertainment v. State - Pet. Docket No. 665
Chicago Title Insurance v. Northwest Title & Escrow - Pet. Docket No. 663
Collis v. Fischer - Pet. Docket No. 607
Cooley, Damon v. State - Pet. Docket No. 655
Covington, Lawrence Thomas, Jr. v. State - Pet. Docket No. 660
Cropper, Jamar L. v. State - Pet. Docket No. 624
Dominion Cove Point v. Sierra Club - Pet. Docket No. 19 (2013 Term)
Dunn, John Howard v. State - Pet. Docket No. 647
Eigles v. State Farm Automobile Insurance - Pet. Docket No. 658
Gottleid; Mishaud v. Burson - Pet. Docket No. 565
Heffernan, Delores Craft O'Brien v. State - Pet. Docket No. 634 and conditional cross-petition
Holland, Sherman Oswald v. State - Pet. Docket No. 662
Holmes, Sean v. State - Pet. Docket No. 650
Hoskins, Danny C. v. State - Pet. Docket No. 674
Jackson, Clifford Anthony v. State - Pet. Docket No. 671
Jason, William Dwight, Jr. v. State - Pet. Docket No. 649
Kelly, Anthony Quintin v. Warden Shearin - Pet. Docket No. 643
King, Teyon v. State - Pet. Docket No. 666
Levy v. Adams - Pet. Docket No. 539
Lindsey, Fernando v. State - Pet. Docket No. 628
Mayes, Norman L. v. State - Pet. Docket No. 642
McCrea, Trayonte Lee v. State - Pet. Docket No. 631
Morris, Thomas Wilton, Sr. v. State - Pet. Docket No. 645 and conditional cross-petition
Muscelli, Christopher v. State - Pet. Docket No. 620
Parker, Christina v. State - Pet. Docket No. 653
Raich v. Dakrish, LLC - Pet. Docket No. 651
Robinson, Michael v. State - Pet. Docket No. 636 and conditional cross-petition
Rounds v. Innovative Learning - Pet. Docket No. 644
Samuels, Keon Torone v. State - Pet. Docket No. 668
Selby, Charles William, III v. State - Pet. Docket No. 618
Steele v. T-Mobile Northeast - Pet. Docket No. 635
Taylor v. Fishkind - Pet. Docket No. 465
Tweh, Thomas N., III v. State - Pet. Docket No. 632
Warfield, Michael v. State - Pet. Docket No. 596
Wargo v. Antwerpen H K - Pet. Docket No. 670
Waxter v. M.T.A. - Pet. Docket No. 531
Wells, James Hamilton v. State - Pet. Docket No. 623
Xu, Shaobei v. Supervisor of Assessments of Howard Co. - Pet. Docket No. 656