IN THE COURT OF APPEALS OF MARYLAND
Thursday, March 1, 2012:
No. 93 (2007 T.) MRA Property Management, Inc., et al. v. Susan Armstrong, et al.
Issue - Maryland Consumer Protection Act (Act) - Does the Act apply to representations made to potential purchasers of condominium units in the sale of units?
Attorney for Appellant: Robert L. Ferguson, Jr.
Attorney for Appellee: David Freishtat
No. 92 Nancy S. Forster v. State of Maryland, Office of the Public Defender
Issues - Statutory - (1) Did the lower court err in granting the motion to dismiss appellant’s wrongful discharge cause of action where she clearly alleged that her employment was terminated because she refused to implement ultra vires orders from the Board of Trustees? (2) Did the lower court err in granting the motion to dismiss appellant’s wrongful discharge cause of action where she plainly alleged that her employment was terminated because she refused to engage in unlawful activity as ordered by the Board of Trustees, she refused to violate clear public policy & because she exercised her statutorily prescribed duties as the Maryland Public Defender?
Attorney for Appellant: Andrew M. Dansicker
Attorney for Appellee: Dan Freidman
AG 6 (2010 T.) Attorney Grievance Commission of Maryland v. Henry Donald McGlade, Jr.
Attorney for Petitioner: Glenn M. Grossman
Attorney for Respondent: William Ray Ford
No. 84 Jarmal Johnson v. State of Maryland
Issues - Criminal Law - (1) Did the lower court correctly dismiss petitioner’s appeal from the denial of petitioner’s motion to correct an illegal sentence as untimely? (2) Should the concept of “constructive amendment” of an indictment be recognized in MD & did the lower court properly apply it in this case? (3) Did the lower court improperly fail to dismiss petitioner’s appeal where petitioner did not provide a record sufficient for review of his appellate contention? (4) Did the lower court err in failing to dismiss petitioner’s appeal on grounds of laches?
Attorney for Appellant: Juan P. Reyes
Attorney for Appellee: Mary Ann Ince
Friday, March 2, 2012:
No. 79 Maryland State Board of Elections, et al. v. Libertarian Party of Maryland, et al.
Issues - Election Law - (1) Does MD State Board Of Elections (MSBE) current standards for reviewing & validating petition signatures appropriately implement the requirements of Sec. 6-203 of the Election Law Art. of the Ann. Code of MD as interpreted in the Fire-Rescue decision of this court? (2) Does the signature validation standard articulated in Fire-Rescue apply uniformly to validation of petition signatures both in the referendum context and in other contexts including new party petitions? (3) Does the MSBE appropriately refuse to validate duplicate or multiple signatures of persons who have already signed a petition?
Attorney for Appellant: Matthew J. Fader
Attorney for Appellee: Mark A. Grannis
No. 99 Ellis C. Burruss, et al. v. Board of County Commissioners of Frederick County, et al.
Issue - Constitutional Law - Does the “sufficient cumulative information standard” forbid the invalidation of petition entries (a) merely because the signer omits an unused first name or middle name when writing his or her full name or signature, and (b) for name-related defects if the entry contains address or birth date information from which the signer’s identity can be corroborated?
Attorney for Appellant: John L. Thompson, Jr.
Attorney for Appellee: Daniel B. Loftus and John Mathias
No. 101 Michael T. McCloud v. Department of State Police, Handgun Permit Review Board
Issue - Constitutional Law - Public Safety - Whether the lower court erred in following the Attorney General’s opinion in 91 Op. Att’y 68 as to what constitutes a disqualifying crime?
Attorney for Appellant: Keith A. Parris
Attorney for Appellee: Mark H. Bowen
Monday, March 5, 2012:
AG 15 Attorney Grievance Commission of Maryland v. Constance Anne Camus
Attorney for Petitioner: Marianne J. Lee
Attorney for Respondent: Melvin Bergman
Issues - Insurance Law - (1) In a matter of first impression for purposes of Insurance Art. Sec. 19-510 what is the definition of the term “first named insured”? (2) Because the “Uninsured Motorist Waiver” is on the form required by the Maryland Insurance Administration & not part of the private insurance contract, may a private party “self-define” a statutory term?
Attorney for Appellant: Franklin J. Muher
Attorney for Appellee: Ronald W. Cox, Jr.
No. 86 Vincent T. Greco, Jr. v. State of Maryland
Issues - Criminal Law - (1) May the lower court exercise jurisdiction over an appeal taken from a superseded trial court order? (2) Did the lower court err when it concluded that this court did not set forth a new constitutionally-mandated rule when it overruled Johnson v. State and thereby permitted criminal defendants to present evidence of mental impairments in defense of specific intent crimes? (3) Did the lower court err when it declined to apply this court’s mandatory retroactivity standard to a rule that corrected an unconstitutional infringement on the factfinding process of criminal trials? (4) May a fifty-year term of years be imposed as punishment for first-degree murder or first degree rape? (5) Even if petitioner had successfully demonstrated that this court had established a new procedural standard that was constitutionally mandated in its holding in Hoey v. State and Simmons v. State, did petitioner fail to establish that the standard was intended to be applied retrospectively thereby disqualifying him from post-conviction relief under Sec. 7-106(c) of the Crim. Proc. Art.? (6) Was petitioner’s unrelated challenge to his resentencing not properly before the intermediate appellate court or this Court?
Attorney for Appellant: Andrew T. Boone
Attorney for Appellee: Jeremy M. McCoy
No. 104 Sheriff Darren M. Popkin v. Deputy Erick Gindlesperger
Issue - Public Safety - Did the trial court commit reversible error when it ordered the pre-LEOBR hearing production of unrelated internal affairs case files pursuant to Sec. 3-107(d)(l) of the Public Safety Art. which only authorizes subpoenas for the production of records at LEOBR hearings?
Attorney for Appellant: Roger L. Wolfe, Jr.
Attorney for Appellee: Carey R. Butsavage
Tuesday, March 6, 2012:
AG 82 (2007 T.) Petition of Ira C. Cooke for Reinstatement to the Bar of Maryland
Attorney for Petitioner: M. Albert Figinski
Attorney for Respondent: Glenn M. Grossman
AG 14 Attorney Grievance Commission of Maryland v. Anthony I. Butler, Jr.
Attorney for Petitioner: James N. Gaither
Attorney for Respondent: Anthony I. Butler, Jr.
Issues - Real Property - (1) Did the trial court err in concluding that Petitioner’s bona fide lease was terminated immediately upon provision of a notice to vacate by the foreclosure sale purchaser rather than at the end of the term following the require notice period? (2) Did the trial court err in concluding that Respondent provided a valid notice to vacate under the Protecting Tenants at Foreclosure Act (PTFA) & Maryland law? (3) Did the trial court err in granting Respondent’s motion for possession when Respondent prematurely filed its motion, falsely averring that it had the present right to possession in the already summary process provided in Md. Rule 14-102
Attorney for Appellant: C. Matthew Hill
Attorney for Appellee: Virginia Barnhart
No. 98 Erie Insurance Exchange v. Estate of Jeanne Reeside
Issue - Estates & Trusts - Did the trial court err by failing to enter an order enforcing the parties’ settlement agreement and/or permitting the case to proceed to trial after a substituted agreement had been reached?
Attorney for Appellant: Edward J. Brown
Attorney for Appellee: Clifton M. Mount
On the day of argument, counsel are instructed to register in the Clerk’s Office no later than 9:30 a.m. unless otherwise notified.
After March 6, 2012 the Court will recess until April 5, 2012.
BESSIE M. DECKER