Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2012

 

Granted July 3, 2013

Rainford G. Bartlett v. Portfolio Recovery Associates, LLC - Case No. 64, September Term, 2013

Issue - Commercial Law - In a small claims collection action, did the trial court err when it admitted hearsay evidence and testimony from a witness who did not have personal knowledge of the matters about which he testified given that the legislative history of Rule 3-306 provides that a debt buyer must prove its case with evidence that would pass muster under the business records exception to the hearsay rule?

Blackburn Limited Partnership d/b/a Country Place Apartments, et al. v. Alicia Daley Paul - Case No. 55, September Term, 2013

Issues - Torts - 1) Did CSA abrogate 80 years of law holding that property owners owe no duty to trespassers onto their property? 2) Did CSA err in concluding that evidence of a violation of regulations created a duty from a property owner to a trespasser? 3) Has CSA improperly applied COMAR regulations retroactively contrary to the legislative history and the specific language of the regulations?

Candace Megan Burns v. State of Maryland - Case No. 65, September Term, 2013

Issue - Criminal Law - Does a defendant in a criminal trial have a constitutional, statutory and common law right to be present when the terms of a plea agreement are presented to and considered by the trial court?

Joshua Tripp Ellsworth v. Baltimore Police Dept. - Case No. 58, September Term, 2013

Issue - Public Safety (LEOBR) - Does the requirement to disclose "any exculpatory evidence", pursuant to the Law Enforcement Officer's Bill of Rights (LEOBR), MD Pub. Safety § 3-104(n)(1), require a police department to disclose evidence impeaching a prosecution witness?

Fraternal Order of Police, Montgomery County, Lodge No. #35, et al. v. Montgomery County, Maryland, et al. - Case No. 67, September Term, 2013

Issue - Local Government - May the County Council unilaterally change the terms of a pre-existing negotiated collective bargaining agreement?

Joseph Leon Hall, Jr. v. State of Maryland - Case No. 53, September Term, 2013

Issues - Criminal Law - 1) Did CSA err in concluding that Petitioner's argument regarding a "scientific or investigative techniques" jury instruction was unpreserved for appellate review despite defense counsel's objection to the instruction during trial? 2) To what extent is Evans v. State, 174 Md.App. 548, 922 A.2d 620 (2007) still good law? 3) Did the trial court abuse its discretion in providing the "anti-CSI effect" instruction? 4) Did CSA err in regarding any error by the trial court as harmless beyond a reasonable doubt?

George Kusi v. State of Maryland - Case No. 62, September Term, 2013

Issues - Criminal Law - 1) Did CSA err in applying a "clearly erroneous" standard of review to requests for an interpreter? 2) Was it an abuse of discretion to refuse Petitioner's requests for an interpreter at his jury trial?

Bonita H. Marshall v. Safeway, Inc. - Case No. 56, September Term, 2013

Issues - Labor & Employment - 1) Did CSA err in holding that the Wage Payment Law does not allow suit against an over-garnishing employer? 2) Did CSA err in holding that Petitioner was paid all wages due her despite the over-garnishment of her wages because the excess was turned over to a creditor? 3) Did CSA err in holding that the availability of a remedy against the garnishor in the District Court precludes any remedies against an over-garnishing employer under the Wage Payment Law? 4) Did CSA err in accepting Respondent's testimony regarding changed policy despite its refusal to comply with discovery requests and where the trial court failed to rule on Petitioner's motion to compel discovery and where CSA stated that the discovery sought was relevant only to numerosity and that Petitioner otherwise failed to allege that the lack of discovery prevented her from supporting her motion for class certification? 5) Did CSA err in failing to draw from Respondent's failure to produce its records the inference that the records would have shown that Respondent had not changed its practices? 6) Did CSA err in affirming the denial of class certification? 7) Did the trial court err in not ruling on Petitioner's motion to compel discovery and its ultimate denial of the motion to compel as moot in light of its denial of class certification? 8) Did CSA err in affirming the denial of Petitioner's claims for declaratory and injunctive relief? 9) Did CSA err in holding that Petitioner's claim for monetary damages was mooted by the tender to her of full monetary relief, even though she rejected and returned the tender?

Chadwick Michael Nalls v. State of Maryland - Case No. 54, September Term, 2013 (and conditional cross-petition)

Issues - Criminal Law - 1) Must Petitioner's jury trial waiver and subsequent conviction in a bench trial because the trial judge failed to determine and announce on the record that Petitioner was knowingly and voluntarily waiving his right to a jury trial as expressly required by Md. Rule 4-246? 2) Is the reversal of a lawful conviction the only appropriate sanction for a non-substantive violation of Rule 4-246(b)? 3) Did CSA err in finding that Petitioner's conviction for third degree sexual assault should be vacated?

Troy Sherman Nash v. State of Maryland - Case No. 60, September Term, 2013

Issues - Criminal Law - 1) Did the trial court abuse its discretion by denying defense counsel's mistrial motion and request for supplemental instruction and by failing to conduct any voir dire of the jurors in response to a jury note stating that one of the jurors had changed her vote from not guilty to guilty "because she want[ed] to go home and no[t] return!" except to recess for the weekend? 2) Does recessing for the day constitute a "respon[se]" as contemplated by Rule 4-326(d) and case law to a jury note? 3) Under this Court's holding in Johnson v. State, 423 Md. 137 (2011), which presumes prejudice from juror misconduct and imposes on the trial judge a duty to sua sponte voir dire the jurors, does the above behavior constitute juror misconduct? 4) May MD Pattern Jury Instruction 2:01, which instructs jurors to "not surrender your honest belief as to the weight or effect of the evidence only because of the opinion of your fellow jurors or for the mere purpose of reaching a verdict," only be given in a deadlock situation or is it also appropriate in the situation above?

NIHC, Inc. v. Comptroller of the Treasury - Case No. 63, September Term, 2013

Issues - Taxation - 1) Did CSA err in changing the question presented on appeal in order to address a question and a Tax Court decision not properly before the court? 2) Did CSA err in affirming the Tax Court's decision on grounds other than those set forth by the Tax Court? 3) Did CSA err in affirming the Tax Court's ruling that MD's requirement for separate corporate tax returns does not prevent an assessment based on the income Petitioner reported as MD modified income on its MD tax returns?

Kevin J. Shannon, et al. v. Mafalda Fusco, et al. - Case No. 57, September Term, 2013

Issues - Torts - 1) Did CSA err in vacating the judgment of the trial court on the grounds that the trial court improperly excluded expert testimony concerning the material risks of the drug Amifostine in an informed consent action? 2) Was summary judgment and/or judgment in Petitioner's favor mandated as a matter of law on the informed consent claim? 3) Did CSA err in failing to consider the relevance and/or prejudicial effect of the expert's limited testimony on remand?

Francina Spivery-Jones v. In the Matter of the Receivership Estate of Trans Healthcare, Inc., et al. - Case No. 66, September Term, 2013

Issues - Corporations & Associations - 1) Should CSA have applied the collateral order doctrine to Petitioner's appeal of the lower court order when all of the receivership estate's assets will be distributed and/or dissipated by the time a final judgment is entered and resolution of Petitioner's substantive arguments will conclusively determine the propriety of the receivership? 2) Did CSA wrongly deny Petitioner's appeal rights granted pursuant to Courts & Jud. Proc. Art. § 12-303(3)(iv) from a trial court order which converted the receivership from a statutory to an equitable receivership?

James Szwed v. State of Maryland - Case No. 61, September Term, 2013

Issue - Criminal Law - Did the trial court err in accepting Petitioner's purported waiver of jury trial and in proceeding with a bench trial?

Victoria Falls Committee for Truth in Taxation, LLC, et al. v. Prince George's County, Maryland - Case No. 59, September Term, 2013

Issues - Taxation - 1) When a request is made to a county to create a voluntary Special Taxing District (STD) under MD Code Ann., Art. 24 § 9-1301(d)(1), by the requisite supermajority of property owners, and subsequent property ownership changes reduce the voluntary supermajority to a minority before the request is acted upon by the county, may the county nevertheless approve the STD on the basis of the original request? 2) When a voluntary STD is proposed and approved, and special obligation bonds are issued by a county to fund infrastructure for a particular development, may the county exclude from the STD some of the properties in the development in order to satisfy the supermajority requirement in MD Code Ann., Art. 24 § 9-1301(d)(1) given that under § 9-1301(c)(2)(i) the purpose of the taxing authority is to fund such infrastructure for a "defined geographic region within the county"?

 

Granted July 5, 2013

Wayne Alan Fish v. State of Maryland - Case No. 69, September Term, 2013

Rayan Edward Thomas v. State of Maryland - Case No. 70, September Term, 2013

Devon Edward Morgan v. State of Maryland - Case No. 71, September Term, 2013

Issue – Criminal Law – 1) Did the trial court err in accepting Petitioner’s waiver of jury trial without finding and announcing that the waiver was knowing and voluntary?

Dung Quoc Huynh v. State of Maryland - Case No. 72, September Term, 2013

Dennis Cross, Jr. v. State of Maryland - Case No. 73, September Term, 2013

 

Denied July 5, 2013

5648 Southwestern Blvd., LLC. v. Baltimore Co. Dept. of Permits & Development Mgmt - Pet. Docket No. 158*
Adams v. Deutsche Bank National Trust Co. - Pet. Docket No. 10*
Amador v. J & J Hotel Services - Pet. Docket No. 165*
Anduze v. Congressional Ob Gyn - Pet. Docket No. 117*
Bikoy v. Bikoy - Pet. Docket No. 101*
Bolding, David Wayne, II v. State - Pet. Docket No. 151*
Bowers v. Bowers & Bowers-Brierley - Pet. Docket No. 110*
Brassell v. Baltimore Police Department - Pet. Docket No. 168*
Carp v. Samuels - Pet. Docket No. 154*
Carraway v. Carraway; Tilghman - Pet. Docket No. 118*
Cedarville Park v. Ryan - Pet. Docket No. 102*
Cornerstone Equity Partners v. Camacho - Pet. Docket No. 99*
Costello v. Sheppard Pratt Health System - Pet. Docket No. 124*
Covered Bridge Farms, II v. State of Maryland- Pet. Docket No. 122*
Davis, Dennoris v. State - Pet. Docket No. 134*
Dunaway v. Gisin - Pet. Docket No. 673
Fine v. Waste Industries, USA - Pet. Docket No. 116*
Fowler v. Martin - Pet. Docket No. 128*
Gantt, Antonio Warren v. State - Pet. Docket No. 125*
Gladysz v. W.R. Grace & Co. - Pet. Docket No. 160*
Glover, Denorrise v. State - Pet. Docket No. 54*
Gordon v. Nance - Pet. Docket No. 90* and conditional cross-petition
Guttman v. Gallagher - Pet. Docket No. 156*
Harborwest Partners v. MD Video Lottery Facility Location Commission - Pet. Docket No. 30*
Hazelwood v. City Homes - Pet. Docket No. 108*
Herman v. Herman - Pet. Docket No. 163*
Higgins, Xavier Larry v. State - Pet. Docket No. 107*
Hinton, William R., III v. State - Pet. Docket No. 157*
In re: Adoption/Guardianship of Shawn L. - Pet. Docket No. 150*
In re: Byron W. - Pet. Docket No. 106*
Jackson, Jamond Levar v. State - Pet. Docket No. 149*
James, Steven v. State - Pet. Docket No. 104*
Johnson, Omar v. State - Pet. Docket No. 140*
Jones v. County Council of Prince George's Co., sitting as the District Council - Pet. Docket No. 120*
Kelley v. Bulles - Pet. Docket No. 126*
Mathis, Jerry J. v. State - Pet. Docket No. 167*
Matthews, Darryll v. State - Pet. Docket No. 81*
Mirabile v. Baltimore Co. Dept. of Public Works - Pet. Docket No. 137*
Neustadter v. Jarashow - Pet. Docket No. 115*
Ozinal v. Johns Hopkins Health Systems Corp. - Pet. Docket No. 131*
Palisades Acquisition XVI v. Powell - Pet. Docket No. 139*
Ramirez v. MD Board Of Physicians - Pet. Docket No. 138*
Ramos, Jorge v. State - Pet. Docket No. 132*
Redman v. MD Commission on Civil Rights - Pet. Docket No. 1*
Schmitt, Edward Charles v. State - Pet. Docket No. 103*
Scott, Glenn v. State - Pet. Docket No. 171*
Sherrod, Shawn v. State - Pet. Docket No. 147*
Snyder, Mark Aaron v. State - Pet. Docket No. 114*
Stickley v. Lease Corp. of America - Pet. Docket No. 28*
Taylor, Tyree Antron v. State - Pet. Docket No. 170*
Toskov, Perry Lawrence, Jr. v. State - Pet. Docket No. 141*
Tuzeer v. YIM, LLC - Pet. Docket No. 159*
Tyler, Thomas Tyree v. State - Pet. Docket No. 123*
Williams, Cleaven v. State - Pet. Docket No. 152*
Vargas, Ranulfo v. State - Pet. Docket No. 105*
Zamora v. Angeles - Pet. Docket No. 80*
 
 
 
* September Term, 2013

 

Denied July 17, 2013

In re: Bailey M. - Pet. Docket No. 274*
 
 
 
* September Term, 2013