IN THE COURT OF APPEALS OF MARYLAND
Thursday, April 5, 2012:
Misc. 23 In the Matter of the Application of J.H.K. for Admission to the Bar of Maryland
Attorney for Appellant: Shale D. Stiller
No. 114 Cordish Power Plant Limited Partnership, et al. v. Supervisor of Assessments for Baltimore City
Issue - Tax Law - Did the MD Tax Court err in its decision to discount testimony offered by appellant because of that Court’s reliance on an erroneous understanding of law that Md. Code. Ann., Tax-Prop. Sec. 8-113 prohibited the analysis of a ground lease & its effect on a commercial valuation of a property?
Attorney for Appellant: Michael A. Stoltz
Attorney for Appellee: Jeffrey G. Comen
AG 17 Attorney Grievance Commission of Maryland v. Garland Howe Stillwell
Attorney for Petitioner: Raymond A. Hein
Attorney for Respondent: Bruce Johnson, Jr.
Friday, April 6, 2012:
No. 109 Barbara Hastings, et al. v. PNC Bank, NA
Issues - Estates & Trusts - (1) What kind of a release can a MD trustee lawfully demand or request from its beneficiaries upon distribution? (2) Whether Sec. 7-203(j) of the Tax-General Art. should have been applied to trust assets being distributed to remaindermen so as to exempt income & gains they received from any inheritance tax?
Attorney for Appellant: John H. Doud, III
Attorney for Appellee: Richard L. Lyon
No. 69 Jessica Port v. Virginia Anne Cowan
Issue - Constitutional Law - Must the trial court grant a divorce to two people of the same sex who were validly married in another jurisdiction and who otherwise meet the criteria for divorce under Maryland law?
Attorney for Appellant: Shannon Minter
Attorney for Appellee: Leslie Robert Stellman and Susan Sommer
No. 113 David Reid v. State of Maryland
Issues - Criminal Law - (1) Should the trial court have suppressed evidence seized where use of a “Taser” to effectuate a Terry stop violated the Fourth Amendment? (2) Did the trial court err in denying appellant’s motion to suppress his statement made following arrest & prior to Miranda warnings?
Attorney for Appellant: Bradford C. Peabody
Attorney for Appellee: Todd W. Hesel
Monday, April 9, 2012:
No. 97 Jerome Pinkney v. State of Maryland
Issue - Criminal Law - When an accused moves to discharge counsel under Md. Rule 4-215(e) & the trial judge finds that the accused has not presented meritorious reasons for the discharge, may the judge require the accused to proceed to trial with his assigned counsel without first informing him that he may discharge counsel himself & proceed pro se if he chooses?
Attorney for Appellant: Martha Gillespie
Attorney for Appellee: Gary E. O'Connor
Issue - Public Safety - Does the express preemption provision of the Law Enforcement Officers’ Bill of Rights (LEOBR) preclude arbitration of FOP’s grievance regarding number of representatives it may have present during disciplinary interrogation of a police officer?
Attorney for Appellant: Edward B. Lattner
Attorney for Appellee: Jeffrey Gibbs
No. 94 Daniel A. McNeal. v. State of Maryland
Issue - Criminal Law - Should this Court’’s decision in Prince v. State apply to verdicts which are factually inconsistent as well as those which are legally inconsistent?
Attorney for Appellant: Martha Gillespie
Attorney for Appellee: Robert Taylor, Jr.
No. 106 Darnella Thomas, et vir. v. Jeffrey Nadel, et al.
Issues - (1) Did the lower court err by denying appellants’ exceptions to foreclosure because of serious questions of title to the note raised below & the consequent lack of standing of appellees? (2) What is the legal effect of the fact that following the alleged foreclosure sale & after this appeal was noted, appellants received letters indicating they were to continue to pay mortgage payments even after ratification of the foreclosure sale?
Attorney for Appellant: Gerard P. Uehlinger
Attorney for Appellee: Bizhan Beiramee
Tuesday, April 10, 2012:
AG 12 Attorney Grievance Commission of Maryland v. Perry Allen London
Attorney for Petitioner: James P. Botluk
Attorney for Respondent: Howard Cardin
Misc. 22 In the Matter of the Application of Latosha Lavette Coleman for Admission to the Bar of Maryland
Attorney for Appellant: Norman L. Smith, Esq.
No. 95 Grayson Darnell Taylor v. State of Maryland
Issue - Criminal Law - Did Petitioner receive ineffective assistance of counsel where his lawyer sued him for the fee during his representation prior to the actual trial?
Attorney for Appellant: Geraldine K. Sweeney
Attorney for Appellee: Edward J. Kelley
Issues - Constitutional Law - Did the lower court err in allowing appellants to proceed to foreclosure sale based upon a bogus & deceptive Notice of Intent to Foreclose? (2) Did the lower court violate the MD Constitution by improperly relying upon a court rule to supersede the mandatory requirement established by the MD Legislature?
Attorney for Appellant: Phillip Robinson and Anthony DePastina
Attorney for Appellee: Bizhan Beiramee and William Savage
No. 103 Gregory Marshall v. State of Maryland
Issue - Criminal Law - Did the lower court err in holding that because “meaningful trial proceedings had begun,” Rule 4-215 did not apply to the Petitioner’’s request to discharge counsel even though the Petitioner had announced as the venire entered the courtroom “Your Honor, I’d like to represent myself,” & the trial judge deferred consideration of the Petitioner’s request until completion of the roll call of jurors?
Attorney for Appellant: Tamara Sanders
Attorney for Appellee: Susannah E. Prucka
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 April 10, 2012 the Court will recess until May 2, 2012.
BESSIE M. DECKER