Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2013

 

Granted January 23, 2014

Ben C. Clyburn, et al. v. Quinton Richmond, et al. - Case No. 105, September Term, 2013

Issues – Criminal Procedure – 1) Did the circuit court err in entering an injunction directing officials of the District Court to conduct initial appearances in a manner inconsistent with the existing rules promulgated by this Court? 2) Did the circuit court err in granting an application for supplemental relief based on a prior declaratory judgment without first issuing a show cause order, as required by the statute governing such applications? 3) Did the circuit court err in ordering officials of the District Court to appoint counsel for all arrestees at initial appearances and prohibiting those court officials from conducting initial appearances for arrestees who were not provided with counsel?

Granted January 24, 2014

Bernard Delaney McCree, Jr. v. State of Maryland- Case No. 20, September Term, 2014

Issue – Criminal Law – Is the trademark counterfeiting statute, Md. Code, Crim. Law Art. § 8-611 (2012 Repl. Vol.), unconstitutional because it is overbroad and/or void-for-vagueness?

Dominik Oglesby v. State of Maryland- Case No. 23, September Term, 2014

Issue – Criminal Law – Pursuant to the rule of lenity, was Appellant required to be sentenced for possession of a firearm pursuant to Crim. Law Art., § 5-622, one of the two statutes punishing the conduct for which he was sentenced, because it prescribed a more lenient sentence than that mandated by the statute, Public Safety Art., § 5-133, under which he was sentenced?

People's Insurance Counsel Division v. State Farm Fire and Casualty Company, et al.- Case No. 21, September Term, 2014

Issues – Insurance Law – 1) Should this Court reexamine Maryland common law on construing insurance contracts and, recognizing that such contracts are not the product of equal bargaining, hold that terms contained in an insurance policy must be strictly construed against the insurer? 2) Did the Commissioner err in allowing State Farm to deny coverage for damage to a collapsed carport under a policy that insured against “the sudden, entire collapse of a building” based on a restrictive definition of the term “building” that does not appear in the insurance policy or any other written document, and is based only on oral instructions given to a catastrophe claims adjuster when she was dispatched to handle claims following a severe snowstorm?

William Siam Simpson, III v. State of Maryland- Case No. 22, September Term, 2014

Issues – Criminal Law – 1) Does the State violate a criminal defendant’s rights under the Fifth Amendment and Article 22 of the Maryland Declaration of Rights when a prosecutor repeatedly and over objection assures the jury in opening statement that the defendant “will tell you” that he committed the alleged offenses? 2) Does a trial court commit reversible error when it allows the State to offer opinion testimony from a law enforcement officer concerning his canine partner’s alleged detection of an accelerant without requiring the State to name the officer as an expert prior to trial or to qualify the officer as an expert at trial? 3) Did CSA err in holding that a police officer may not testify as to the significance of an accelerant-detecting dog’s actions unless that officer is first qualified and accepted as an expert pursuant to Md. Rule 5-702?

 

Denied January 27, 2014

Acosta v. White - Pet. Docket No. 522
Alabi, Akinfemiwe v. State - Pet. Docket No. 542
Anderson, Kedar v. State - Pet. Docket No. 544
Angel Enterprises Limited P'ship v. Talbot Co. - Pet. Docket No. 543
Bango Bango V Yohatoure v. Butler - Pet. Docket No. 534
Bates v. Wittstadt - Pet. Docket No. 508
Bowman, Keno v. State - Pet. Docket No. 494
Cavey v. Mullin - Pet. Docket No. 496
City of District Heights v. Eatmon - Pet. Docket No. 493
Coca-Cola Co. and Sedgwick Claims Mgmt. Svc. v. Chase - Pet. Docket No. 527
Cochran, Jeremy Shane v. State - Pet. Docket No. 546
Diggs, Gerard K. v. State - Pet. Docket No. 538
Evans, Roland v. State - Pet. Docket No. 528
Glover v. Shofer's Furniture Store - Pet. Docket No. 402
Goodwin, Paul A. v. State - Pet. Docket No. 495
Hetrick v. Allegany Holding Co. - Pet. Docket No. 497
Huntington Terrace Citizens Ass'n. v. Suburban Hospital - Pet. Docket No. 523
Jenkins, Greg a/k/a Jerome Lee v. State - Pet. Docket No. 518
Joseph, Larry v. State - Pet. Docket No. 539
Joyner, Anthony Bernard v. State - Pet. Docket No. 509
Krug v. Krug - Pet. Docket No. 529
Kutepova v. Stein - Pet. Docket No. 490
Lewis, Latif Wayne v. State - Pet. Docket No. 453
Moore v. Prince George's Co. Dept. of Social Services - Pet. Docket No. 545
Moreno, Nadirah v. State - Pet. Docket No. 505
Ngo v. CVS, Inc. - Pet. Docket No. 519
Parren, Marvin v. State - Pet. Docket No. 524
R & D 2001, LLC v. Rice - Pet. Docket No. 491
Satchell, Kaleel Solomon v. State - Pet. Docket No. 502
Saunders v. Continental Realty Corp. - Pet. Docket No. 537
Scott, Adam B. v. State - Pet. Docket No. 504
Sperling v. Federal National Mortgage Ass'n. - Pet. Docket No. 548
Stansberry, Devon Creed v. State - Pet. Docket No. 499
State v. Hill, Claude Henry - Pet. Docket No. 521
Sweeney, Jeremiah A. v. State - Pet. Docket No. 503
Thomspon v. Warden Shearin - Pet. Docket No. 477
Union Carbide Corp. v. Pittman - Pet. Docket No. 533
Walker, Lanie H. a/k/a Lance Walker v. State - Pet. Docket No. 506
Webb, Keith Terrill v. State - Pet. Docket No. 526
Wilkins, Davon v. State - Pet. Docket No. 530
W.R. Grace & Co. v. Shiflett-Karavas - Pet. Docket No. 525