Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2013

 

Granted November 22, 2013

John S. Burson, et al. v. Jeffrey G. Capps - Case No. 2, September Term, 2014

Issues – Financial Institutions – 1) Whether a Truth-in-Lending Act (“TILA”) Notice of Rescission can be effective to cancel a loan transaction that has not yet taken place, and remain effective despite the issuing party’s subsequent acceptance of the benefits of the transaction? 2) Whether a TILA action filed in December 2009 on the basis of a Notice of Rescission issued in April 2007 was untimely as beyond the one-year statute of limitation in 15 U.S.C. § 1640(e)? 3) Whether rescission is an available remedy when the trial court has no jurisdiction over either the original lender or its assignee because all claims against both have been dismissed, with no appeal taken from that dismissal?

Quioly Shikell Demby v. State - Case No. 11, September Term, 2014

Issues – Criminal Law – 1) Were Appellant’s Fourth Amendment rights violated when an officer, pursuant to a valid arrest, read text messages to and from others located on his cell phone without a warrant? 2) Are the independent source or inevitable discovery doctrines applicable where an officer, using information found by warrantlessly searching an individual’s cell phone, later obtains a search warrant for that cell phone’s contents?

Deborah Hiob, et al. v. Progressive American Insurance Company, et al. - Case No. 4, September Term, 2014

Issues – Civil Procedure – 1) Did CSA err in holding that a partial voluntary dismissal can constitute an appropriate “separate document” for the purpose of Maryland Rule 2-601 even though that document is not signed by the clerk or the court? 2) Whether judgment was entered on the date the clerk entered the court’s order entering judgment and whether the notice of appeal filed prior to that docket entry is a premature appeal saved by the provisions of Rule 8-602(d)?

John Roe v. Gary D. Maynard - Case No. 103, September Term, 2013

Issue – Criminal Law – In light of the requirement imposed by federal law that each state maintain an online registry of sex offenders residing in the state and the obligation imposed on convicted sex offenders by federal law to register in the state where they reside, did the circuit court lack authority to direct the State to remove Mr. Roe from databases maintained in compliance with federal law, irrespective of his challenge to registration requirements imposed by MD law?

Dwayne Steven Spence v. State of Maryland - Case No. 7, September Term, 2014

Issues – Criminal Law – 1) May a police officer search the contents of an arrestee’s cell phone as a search incident to arrest without a warrant? 2) Does a trial judge’s announcement that a jury trial waiver is “freely and voluntarily given” comply with Rule 4-246(b)’s requirement that the court “determine[] and announce[] on the record that the waiver is made knowingly and voluntarily”?

State of Maryland v. Joe Frank Berry, Jr. - Case No. 10, September Term, 2014

Issues – Criminal Law – 1) Did Valonis & Tyler v. State of Maryland, 431 Md. 551 (2013) abolish the contemporary-objection rule as it applies to Rule 4-246(b)’s announcement requirement? 2) When a trial court fails to comply with Rule 4-246(b)’s announcement requirement is the appropriate remedy a limited remand?

State of Maryland v. Robert Louis Costen, III - Case No. 5, September Term, 2014

Issues – Criminal Law – 1) Did CSA err in concluding that in Valonis & Tyler v. State of Maryland, 431 Md. 551 (2013) this Court held that “the absence of any objection to the circuit court’s lack of strict compliance with the announcement requirement of Rule 4-246(b) did ‘not preclude appellate review’”? 2) If the lack of an announcement as required by MD Rule 4-246(b) was not waived, is the reversal of Respondent’s lawful convictions the only appropriate sanction for a non-substantive violation of Rule 4-246(b) or is a limited remand to the trial court appropriate in order to allow the trial court to confirm that it found Respondent’s waiver of the right to a jury trial to be knowing and voluntary or state that it is unable to provide such confirmation?

State of Maryland v. Rony Rigioberto Gomez - Case No. 8, September Term, 2014

Issue – Criminal Law – Is a limited remand the appropriate remedy for non-compliance with Rule 4-246(b)’s announcement requirement?

State of Maryland v. Sean Adam Griffin - Case No. 1, September Term, 2014

Issues – Criminal Law – 1) Did CSA err in concluding that in Valonis & Tyler v. State of Maryland, 431 Md. 551 (2013) this Court held that “failure to object to a defect in this [Rule 4-426] process does not constitute a waiver”? 2) If the lack of an announcement as required by MD Rule 4-246(b) was not waived, is the reversal of Respondent’s lawful convictions the only appropriate sanction for a non-substantive violation of Rule 4-246(b) or is a limited remand to the trial court appropriate in order to allow the trial court to confirm that it found Respondent’s waiver of the right to a jury trial to be knowing and voluntary or state that it is unable to provide such confirmation?

State of Maryland v. Jonathan Johnson - Case No. 3, September Term, 2014

Issue – Criminal Law – Is a “suggestion” by the defendant that the victim’s mental health records may contain information that is either exculpatory or relating to the victim’s “propensity for veracity,” not sufficient, under Goldsmith v. State, 337 Md. 112 (1995), to “call for an in camera review” of those records?

State of Maryland v. Mitchell Gaston Reid - Case No. 9, September Term, 2014

Issues – Criminal Law – 1) Did Valonis & Tyler v. State of Maryland, 431 Md. 551 (2013) abolish the contemporary-objection rule as it applies to Rule 4-246(b)’s announcement requirement? 2) When a trial court fails to comply with Rule 4-246(b)’s announcement requirement is the appropriate remedy a limited remand?

State of Maryland v. Langley Eugene Willis - Case No. 6, September Term, 2014

Issues – Criminal Law – 1) Did Valonis & Tyler v. State of Maryland, 431 Md. 551 (2013) abolish the contemporary-objection rule as it applies to Rule 4-246(b)’s announcement requirement? 2) Did the trial court satisfy Rule 4-246(b)’s announcement requirement when it conducted an inquiry into the voluntariness of the jury waiver and announced that Respondent “voluntarily waives a jury trial[]” and later conducted an inquiry into whether the waiver was made knowingly and asked, “Knowing that, do you still want to be tried by the Court without a jury[]”? 3) If the trial court failed to satisfy Rule 4-246(b)’s announcement requirement, is the appropriate remedy a limited remand? 4) Where the recodification of Article 27, Section 277(p) failed to retain language that was fundamental to this Court’s holding in Davis v. State, 319 Md. 56 (1990) – that the offense of possession of equipment to produce a controlled dangerous substance applies only to equipment possessed by a manufacturer – should this Court reconsider its holding in Davis?

 

Denied November 25, 2013

Barnabas Road Associates v. County Council of Prince George's Co. - Pet. Docket No. 383
Becker v. Smith - Pet. Docket No. 321
Blumberg v. Arent Fox - Pet. Docket No. 406
Burnett v. Spencer - Pet. Docket No. 390
Dixon, James v. State - Pet. Docket No. 381
Erie Insurance v. Towson Automotive - Pet. Docket No. 391
Farewell, Ross Franklin v. Warden Shearin - Pet. Docket No. 361
Fields, Donnell v. State - Pet. Docket No. 401
First Quality Plumbing v. Domb - Pet. Docket No. 417
Freeman, Charles Randall v. State - Pet. Docket No. 409
Galins v. Sillerico - Pet. Docket No. 414
George Moehrle Masonry v. Baltimore County - Pet. Docket No. 387
Ghee v. Md. Transit Administration - Pet. Docket No. 136
Gie, Travis v. State - Pet. Docket No. 309
Gorospe v. Nova Construction and Consulting - Pet. Docket No. 376
Harcum, Ignatius Leroy v. State - Pet. Docket No. 371
Hollingsworth v. Talbot Co. Board of Appeals - Pet. Docket No. 363
Jackson v. Cohn - Pet. Docket No. 400
Jeter, Darnell v. State - Pet. Docket No. 446
Lewallen v. Wasserman - Pet. Docket No. 385
Louis, Moise v. State - Pet. Docket No. 413
Madden, Charles v. State - Pet. Docket No. 395
Mason, Travis v. State - Pet. Docket No. 392
McGrady, Jeremy Ryan v. State - Pet. Docket No. 410
Midei v. Catholic Health Iniatives and St. Joseph Medical Ctr. - Pet. Docket No. 369
MIkhail v. Council of Unit Owners of Sea Watch Condo. - Pet. Docket No. 397
Monbo v. Morgan Properties - Pet. Docket No. 288
Olsen v. Dore - Pet. Docket No. 298
Perry, Tavon v. State - Pet. Docket No. 377
Pulliam, Malcolm Anthony v. State - Pet. Docket No. 386
Rico, Michael B. v. State - Pet. Docket No. 379
Scipio, Terrell v. State - Pet. Docket No. 388
Seltzer v. Price - Pet. Docket No. 362
Shahjpal v. Willis - Pet. Docket No. 143
Shoemaker v. Dore, Devan, Miles, Menapace, Gloth and Drexel - Pet. Docket No. 411
State v. Saunders, Steven - Pet. Docket No. 368
Strong v. Comptroller of Maryland - Pet. Docket No. 389
Sullivan v. Sullivan - Pet. Docket No. 366
Swann v. Reeves - Pet. Docket No. 380
Turnage, Tony v. State - Pet. Docket No. 416
Twyman, Robert v. State - Pet. Docket No. 367
Vollmer v. Schwartz and Schwartz - Pet. Docket No. 418
Weiner v. Prosperity Systems, Inc. d/b/a Pizza Boli's - Pet. Docket No. 393
White v. George - Pet. Docket No. 374
Yancey, Darrell P. v. State - Pet. Docket No. 254


Granted November 26, 2013

Big Louie Bail Bonds v. State of Maryland - Case No. 104, September Term, 2013

 

Denied November 26, 2013

Stitt v. Magrudger/Cedar Ave. LLLP - Pet. Docket No. 475