Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2012

 

Granted June 20, 2013

Jamaal Garvin Alexis v. State of Maryland - Case No. 45, September Term, 2013

Issues - Criminal Law - 1) Did the trial court err by disqualifying petitioner's attorney, who had previously represented a State's witness, when the witness refused to waive the conflict of interest and appellant's counsel had arranged for co-counsel to cross-examine the witness? 2) Are consecutive sentences appropriate where petitioner was convicted of two counts of solicitation where both counts were predicated on the same evidence?

Wardell Monroe Brooks v. State of Maryland - Case No. 46, September Term, 2013

Issues - Criminal Law - 1) Where the defense seeks to impeach a witness at trial pursuant to MD Rules 5-613 and 5-616 using a prior inconsistent statement to police, must the extrinsic evidence of the prior inconsistent statement take the form of testimony by the police officer who took the statement or may the properly authenticated police report be used? 2) What is the appropriate standard of review for a trial court's ruling concerning the admission of impeachment evidence? 3) Did the trial court err by admitting testimony by a nurse, accepted as an expert in forensic nursing examinations with an emphasis in sexual assault", concerning the victim's injuries? 4) Did CSA err in holding that even if the nurse's testimony was inadmissible, the error was harmless? 5) Did the trial court err in failing to merge false imprisonment into first degree rape for sentencing purposes?

Michael Gambrill v. State of Maryland - Case No. 42, September Term, 2013

Issue - Criminal Law - Did the trial court err in denying petitioner's request for a postponement without complying with the requirements of Maryland Rule 4-215(e) regarding discharge of counsel?

Karanikas v. Cartwright - Case No. 44, September Term, 2013

Issue - Family Law - Did the trial court abuse its discretion in determining whether, how, and to what extent to permit the parties' daughter's testimony to be elicited?

Keller v. Serio & Geico Insurance Co. - Case No. 48, September Term, 2013

Issue - Insurance Law - Whether the failure to instruct the jury about the reason the plaintiff's underinsured motorist carrier is a party to a tort suit is reversible error?

Kivi Kennedy v. State of Maryland - Case No. 51, September Term, 2013

Issue - Criminal Law - Did the trial court err in not ordering a competency evaluation and making a competency determination, when defense counsel informed the court that he had trouble communicating with his client, that his client was unable to assist in his defense, and requested that his client be evaluated?

James Lambert v. State of Maryland - Case No. 47, September Term, 2013

Issues - Criminal Law - 1) Should a trial court's order directing "no contact" between competent, married persons as a condition of probation in a domestic violence case be evaluated under the same standard as a similar order between strangers and, if not, is the order per se unconstitutional? 2) Whether the trial court's denial without a hearing of a motion for reconsideration of the order forbidding contact was unreasonable where the married couple were seeking contact for the purposes of marital counseling? 3) Whether a narrowing standard is necessary to restrict a Court's ability to limit contact between married persons and, more generally, competent parties to a privileged relationship?

Li v. Lee - Case No. 50, September Term, 2013

Issue - Family Law - Does an attorney's failure to comply with obtaining informed consent confirmed in writing pursuant to the MD Rules of Professional Conduct render a separation agreement voidable at the election of the client who did not give written confirmation of informed consent?

Motor Vehicle Administration v. Deering - Case No. 52, September Term, 2013

Issue - Transportation Law - Did the Administrative Law Judge correctly uphold the suspension of a motorist's driver's license for drunk driving under Transp. Art. § 16-205.1 based on a breath test result that showed the motorist had a blood alcohol concentration of 0.16, notwithstanding the detaining officer's denial of the motorist's request to speak to an attorney before submitting to the officer's request that she take an alcohol concentration test?

Cervante Pearson v. State of Maryland - Case No. 49, September Term, 2013

Issues - Criminal Law - 1) Did the trial court err in refusing to ask in voir dire whether any member of the jury panel, or any member's family, friend or acquaintance, had been the victim of a crime? 2) Did the trial court err in refusing to ask in voir dire whether any member of the jury panel was employed by or knew anyone who was employed by a law-enforcement agency? 3) Is Davis v. State, 333 Md. 27 (1993), which held that it was within the trial court's discretion to refuse to ask whether anyone in the venire panel was a member of law enforcement still good law in light of Dingle v. State, 361 Md. 1 (2000), which cited extensively as persuasive authority the Davis dissent?

Thompkins v. Mortgage Lenders Network - Case No. 43, September Term, 2013

Issues - Commercial Law - 1) Is an assignee of a secondary mortgage subject to the SMLL claims that could be raised by the borrower against the originating lender by operation of Com. Law Art., § 3-306, which provides that a person taking an instrument, other than a person having the rights of a holder in due course, is subject to a claim of a possessory or property right in the instrument or its proceeds? 2) Is an assignee of a secondary mortgage subject to the SMLL claims that could be raised by the borrower against the originating lender by operation of MD common law?

Denied June 24, 2013

Benson v. Baltimore Equitable Insurance - Pet. Docket No. 94*
Blake v. Harford Co. Council - Pet. Docket No. 76*
Brooks, Timothy A. v. State - Pet. Docket No. 48*
Butka v. WIlliams - Pet. Docket No. 52*
Clayborne, William v. State - Pet. Docket No. 60*
Davis v. Curtis - Pet. Docket No. 622
Financial Casualty & Surety v. State - Pet. Docket No. 145*
Golden, David Davon v. State - Pet. Docket No. 89*
Green, Dale Wallace v. State - Pet. Docket No. 75*
Hird, Ingram M. v. State - Pet. Docket No. 57*
Jackson, Cordell O. v. Secretary, Dept. of Public Safety & Correctional Servs. - Pet. Docket No. 78*
Miller, Deric Renard v. State - Pet. Docket No. 8*
Morely v. Geesing - Pet. Docket No. 68*
Pope v. Hanna - Pet. Docket No. 82*
Prophet, Roger v. State - Pet. Docket No. 61*
Redman v. Residences of Congressional Village - Pet. Docket No. 597
Rian v. Siedlarz - Pet. Docket No. 59*
Ricks, Bruce Antonio v. State - Pet. Docket No. 69*
Robinson v. Prophecy Homeowners Association - Pet. Docket No. 113*
Sigmon v. Hillen Tire - Pet. Docket No. 88*
Smith v. Arlington Community FCU - Pet. Docket No. 29*
Sydnor, Davone v. State - Pet. Docket No. 73*
Tinney v. Winternitz - Pet. Docket No. 77*
Toliver v. Waicker - Pet. Docket No. 85*
Von Poole v. Office of the State's Attorney for Baltimore - Pet. Docket No. 664
Wiggins, Michael v. State - Pet. Docket No. 71*
Williams v. Publish America - Pet. Docket No. 72*
Wright v. Service Master by Singer - Pet. Docket No. 74*
Zhang v. Rollins Park Apartments - Pet. Docket No. 121*

 
 
 
* September Term, 2013