Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2012

Granted May 17, 2013

Tyrone Bryant v. State of Maryland - Case No. 37, September Term, 2013

Issues - Criminal Law - 1) Is a claim that the State failed to present sufficient evidence for the imposition of a subsequent offender sentence reviewable on appeal as a challenge to an illegal sentence or, in the alternative, the judgment of the trial court under Rule 8-131(c)? 2) Did the trial court err in imposing an enhanced sentence of 25 years without parole where the State failed to prove that the predicate convictions belonged to Petitioner?

Daniel Joseph Dodge v. State of Maryland - Case No. 38, September Term, 2013

Issues - Criminal Law - 1) Did the trial court err in admitting the statements the victim made to a registered nurse in a hospital during a sexual assault forensic examination under Rule 5-803(b)(4) ("statements in contemplation of medical diagnosis or treatment") based on the totality of the circumstances? 2) Did Petitioner preserve this argument for review where the grounds for the claim given at trial were different than those advanced on appeal? 3) Did the trial court err in excluding impeachment evidence that the victim had dreamed about, or could not remember, a sexual incident unrelated to this case?

Gore Enterprise Holdings, Inc. v. Comptroller of the Treasury; Future Value, Inc. v. Comptroller of the Treasury - Case No. 36, September Term, 2013

Issues - Taxation - 1) Did CSA err in applying a unitary business standard to establish a nexus between taxpayers and the State in a situation where patent royalties and interest paid by a parent corporation to its wholly-owned subsidiaries are claimed as business expenses in Maryland? 2) Did CSA misinterpret this Court's opinions about "economic substance" and understand it as a synonym for the unitary business principle? 3) Did CSA lower the showing required to disregard the corporate form by holding that a subsidiary is, in effect, a division of the parent, doing business everywhere the parent does business? 5) Did CSA err in holding that a MD regulation regarding the apportionment of tax liability for multi-state corporations was inapplicable to the situation at hand? 6) Did CSA err in defining the "use" of a patent to include the manufacture or sale of a product by a patent licensee?

Thaddus Roberts v. Montgomery County, Maryland - Case No. 39, September Term, 2013

Issues - Workers' Compensation - 1) Did CSA err in upholding the denial of workers' compensation to Petitioner, when he was involved in a car accident while on duty, being paid, and traveling between an employer-encouraged physical training session and his place of employment? 2) Did CSA err in holding that the "going and coming" rule bars Petitioner entitlement to workers' compensation benefits? 3) Did CSA err in upholding the denial of workers' compensation to Petitioner where its decision was premised on facts not contained in the record?

Dwayne Scriber v. State of Maryland - Case No. 35, September Term, 2013

Issue - Transportation Law - Did the lower court err in denying Petitioner's motion to dismiss charges of fleeing and eluding under Trans. Art. § 21-904 based on double jeopardy where the District Court had previously acquitted him of willfully disobeying a lawful order or direction of a police officer under Trans. Art. § 21-103(a)?

 

Denied May 20, 2013

Bow, Robert G. v. State - Pet. Docket No. 677
Brisbane v. Food Lion Risk Management - Pet. Docket No. 679
Brittingham, Ronald N. v. State - Pet. Docket No. 17*
Brooks v. Skinners - Pet. Docket No. 12*
Brown v. Housing Authority of Baltimore City - Pet. Docket No. 16*
Byrne v. Deyesu - Pet. Docket No. 22*
Chesapeake Wildlife Heritage v. Chesterhaven Beach P'ship - Pet. Docket No. 33*
Christy v. Big Bozy Bail Bonds - Pet. Docket No. 675
Clark, Emmanuel v. State - Pet. Docket No. 5*
Clark v. Mitcherling - Pet. Docket No. 67*
Clester, Dale, et al. v. State of Maryland, et al. - Pet. Docket No. 39*
Collington Station HOA v. Artis - Pet. Docket No. 595
Davidson v. The Mill of Bel Air - Pet. Docket No. 35*
Dockery, Cordero v. State - Pet. Docket No. 43*
Gordon, Davon v. State - Pet. Docket No. 32*
Greene, Bradrick T. v. State - Pet. Docket No. 45*
Hall, Jeremiah Brown v. State - Pet. Docket No. 36*
Harris, Carlton Francis v. State - Pet. Docket No. 18*
Harris, Juvon Curtis v. State - Pet. Docket No. 3*
Hasnain v. Goozman - Pet. Docket No. 681
Holmes, Dewan v. State - Pet. Docket No. 24*
Igwebuike v. Burson - Pet. Docket No. 46*
In re: Adoption of Jonathan S. - Pet. Docket No. 678
In re: James C. and Christopher C. - Pet. Docket No. 9*
Jackson, Clifford Anthony v. Crowder, Warden - Pet. Docket No. 6*
Janda-Miller v. Dore - Pet. Docket No. 27*
Johnson, Tyrone v. State - Pet. Docket No. 532
Lumpkins v. Potomac River Fishery Commission - Pet. Docket No. 13*
Manuel v. Oakpointe HOA Council of Unit Owners - Pet. Docket No. 7*
Milbourne, Gil Dexter v. State - Pet. Docket No. 42*
Moran v. Smith - Pet. Docket No. 638
Nettles v. Housing Authority of Baltimore City - Pet. Docket No. 14*
New Design Road v. Manchester Limited P'ship - Pet. Docket No. 41*
Okeke, Okechukwa v. Dept. of Public Safety & Corr. Services - Pet. Docket No. 676
Parker v. Housing Authority of Baltimore City - Pet. Docket No. 15*
Payandeh v. Hillian - Pet. Docket No. 37*
People's Counsel for Baltimore Co. v. Smith - Pet. Docket No. 26*
Pohanka Auto North v. McNab - Pet. Docket No. 25*
Razzaq, Karim v. State - Pet. Docket No. 657
Roberts, Robert Darnell v. Wolfe, Warden - Pet. Docket No. 682
Salaouatchi, Riad v. State - Pet. Docket No. 669
Sard, Rena v. State - Pet. Docket No. 38*
Serota, Allen Michael v. State - Pet. Docket No. 2*
Shabazz, Mahdi v. State - Pet. Docket No. 20*
Smith-Myers Corporation v. Sherill - Pet. Docket No. 40*
Solomon, Cornelius Lee v. State - Pet. Docket No. 21*
Steinbach v. Giant Food of Maryland - Pet. Docket No. 4*
Subh v. Walmart Stores - Pet. Docket No. 34*
Theodorakos v. Hayward - Pet. Docket No. 53*
Thurston, Richard A. v. State - Pet. Docket No. 680
Washington-Coates, Derrell v. State - Pet. Docket No. 51*
Wilkins, Ralph E. v. Dept. of Public Safety & Corr. Services - Pet. Docket No. 49*
Williams, Marlow v. State - Pet. Docket No. 47*
Williams, Tony v. State - Pet. Docket No. 621
 
 
 
* September Term, 2013

Denied May 22, 2013

Booker; Booker v. Fisher - Pet. Docket No. 146*
 
 
 
* September Term, 2013