Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2014

Denied February 6, 2015

Faulker, David R. and Smith, Jonathan D. v. State - Pet. Docket No. 623
Faulker, David R. and Smith, Jonathan D. v. State - Pet. Docket No. 624






 

Granted February 20, 2015

The Brownstones at Park Potomac Homeowners Association v. JP Morgan Chase Bank, National Association - Case No. 13, September Term, 2015

Issue – Real Property – Whether the first trust lender who takes physical possession of a property subject to a homeowners’ declaration and bylaws is liable for homeowners’ dues.

Kathy Fuller, et al. v. Republican Central Committee of Carroll County, Maryland - Case No. 92, September Term, 2014

Issues – State Government – 1) Does Article 3, Section 13 of the Constitution of Maryland (“Section 13”) prohibit a party central committee from submitting more than one name to the Governor to fill a single vacancy in the General Assembly? 2) Is a temporary restraining order appropriate relief to prevent a party central committee from violating Section 13.

George Cameron Seward v. State of Maryland - Case No. 12, September Term, 2015

Issues – Criminal Law – 1) In a case of alleged innocence, where the State concedes the new alibi evidence is “material”, can an appellate court rest a decision to reverse the granting of a Writ of Actual Innocence on the belief that trial counsel failed to investigate the alibi, without considering the evidence regarding what counsel did to locate that evidence? 2) Does the State have the right to appeal a trial court decision granting a Writ of Actual Innocence under Md. Code, Criminal Procedure § 8-301 in light of this Court’s prior precedent in Douglas v. State, 423 Md. 156 (2011) and the General Assembly’s decision not to put an appellate right into the statute? 3) Did CSA err in mischaracterizing the record evidence and factual findings by the trial court to the extent that CSA’s decision rests on a misunderstanding of the record?

State of Maryland, et al. v. Vadim Roshchin, et al. - Case No. 10, September Term, 2015

Issue – Transportation Law – Does a law enforcement officer have the authority to arrest an individual based on probable cause to believe that the individual has committed a misdemeanor aviation offense in violation of Title 5 of the Transportation Article?

Jacqueline Wagner v. State of Maryland - Case No. 11, September Term, 2015

Issues – Criminal Law – 1) Is it impossible, as a matter of law, for a person to be guilty of theft from a multiple-party bank account to which she is a party in the absence of any language in the account agreement restricting that party’s use of funds? 2) Was the evidence sufficient to support a misappropriation conviction where the state never proved and the court did not find that Petitioner was a fiduciary?

Deandre Ricardo Williams v. State of Maryland - Case No. 9, September Term, 2015

Issues – Criminal Law – 1) Did police violate Petitioner’s right to remain silent during a custodial interrogation when he said “I don’t want to say nothing. I don’t know, - “ to which the police responded “But you don’t have to say nothing” but continued with the interrogation? 2) Did the police interrupting Petitioner while he invoked his right to remain silent convert an unambiguous invocation into an ambiguous invocation? 3) Was Petitioner’s confession involuntary under Md. Common law because the police implied that Petitioner might see outside again if he confessed to a robbery gone bad instead of a premeditated murder? 4) Where the officers were still in the process of explaining Petitioner’s rights to him, did CSA err in holding that Petitioner was being interrogated for purposes of Miranda?

 

Denied February 23, 2015

Adeyemi v. Mahat - Pet. Docket No. 477
Anderson v. Staiger - Pet. Docket No. 600
Banks v. McCall Handling Company - Pet. Docket No. 585
Barone, David William v. State - Pet. Docket No. 616
Belyakov v. Belyakova - Pet. Docket No. 588
Blue v. Univ. of Md. Medical Systems Corp. - Pet. Docket No. 615
Brount, Ronald v. State - Pet. Docket No. 537
Burrell, Leonard v. State - Pet. Docket No. 591
Carter, Marvin Terrell v. State - Pet. Docket No. 636
Carter, Khalid v. State - Pet. Docket No. 571
Cheeks, Dwayne v. State - Pet. Docket No. 581
Coleman, Orlando Ray v. State - Pet. Docket No. 540 and conditional cross-petition
Crawford, Devin v. State - Pet. Docket No. 597
Dempsey v. Board of Education for Calvert Co. - Pet. Docket No. 578
Douglas v. Douglas - Pet. Docket No. 556
Ellis, Dominik Chavis v. State - Pet. Docket No. 606
El Wahhabi, El Soundani v. State - Pet. Docket No. 610
Fink v. Morris H. Fink Trust - Pet. Docket No. 625
Footes, Aaron Devon v. State - Pet. Docket No. 603
Garner, Tavon v. State - Pet. Docket No. 580
Gatewood v. Secretary of Dept. of Public Safety & Corr. Services - Pet. Docket No. 617
Glenham Bel Har Community Ass'n. v. Baltimore Mayor & City Council and Two Farms, Inc. - Pet. Docket No. 592
Green v. Millenium Health & Rehab Center - Pet. Docket No. 598
Hamel, Jason Keith v. State - Pet. Docket No. 586
Hawkins v. Hawkins - Pet. Docket No. 506
Henry v. Guirand - Pet. Docket No. 614
Hirshauer v. Brumwell - Pet. Docket No. 596
Hirshauer v. Clemons - Pet. Docket No. 593
Hirshauer v. Hall - Pet. Docket No. 595
Hirshauer v. O'Shea - Pet. Docket No. 594
Honesty-Bey, John v. State - Pet. Docket No. 618
Johnson, William Nathaniel v. State - Pet. Docket No. 622
Jones, Der'rel v. State - Pet. Docket No. 608
Jones v. State Farm Fire & Casualty - Pet. Docket No. 393
King v. Jackson - Pet. Docket No. 587
Kirkland, Victor v. State - Pet. Docket No. 632
Koffley v. Fogel - Pet. Docket No. 564
Kone v. Public Storage - Pet. Docket No. 507
Lee v. Fitzpatrick - Pet. Docket No. 568
Leineweber v. Leineweber - Pet. Docket No. 613
Lewis, Steven Maurice v. State - Pet. Docket No. 641
Lowery, Jermaine v. State - Pet. Docket No. 620
McCray v. Baltimore Gas & Electric - Pet. Docket No. 567
Moore, Charles Franklin, Jr. v. State - Pet. Docket No. 505
Odachowski v. Md. Transit Administration - Pet. Docket No. 590
Paul, Haendel v. State - Pet. Docket No. 612
Perdikakis v. Toll MD Limited Partnership - Pet. Docket No. 642
Phillips, Arlene Watson v. State - Pet. Docket No. 634
Phillips, Jamie Lester v. State - Pet. Docket No. 604
Pier III Associates v. BB&T Financial FSB - Pet. Docket No. 478
Plumbers & Pipefitters Nat. Pension Fund v. Consortium Atlantic Realty Trust - Pet. Docket No. 626
Prince George's Co. & Ivey v. Rogers - Pet. Docket No. 619
Richardson, Thomas Lee, III v. State - Pet. Docket No. 628
Sandy v. First Colonies Anesthesia Assoc. - Pet. Docket No. 584
Schneider, Jason Ronald v. State - Pet. Docket No. 560 and conditional cross-petition
Scott, Kelvyn v. State - Pet. Docket No. 583
State v. Bandura, Matthew Ryan - Pet. Docket No. 565
Stoer v. Sawyer Property Management of Md. - Pet. Docket No. 554
Strong v. Comptroller of Md. - Pet. Docket No. 570
Taylor v. Brown - Pet. Docket No. 559
Taylor, Todd Tyrone v. State - Pet. Docket No. 589
Tomey v. Elder - Pet. Docket No. 607
Woods, Michael v. State - Pet. Docket No. 638
Yomi v. Pouokam - Pet. Docket No. 566