Maryland Courts

Court of Appeals Webcast Archive

 

December 2014 Schedule
Date Docket # Title
12-10-2014 AG No. 48 (2013 T.) Attorney Grievance Commission of Maryland v. Kevin Trent Olszewski

12-10-2014 No. 47 State of Maryland v. Kerryann N. Smith

Issue – Criminal Law – Did CSA err in reversing the circuit court’s denial of Respondent’s petition for a writ of coram nobis where Respondent had waived her coram nobis claims, failed to meet her burden of proving that her guilty plea was not knowingly and voluntarily entered and was barred from seeking a writ of coram nobis on grounds of laches?
12-09-2014 AG No. 86 (2012 T.)
AG No. 13 (2013 T.)
AG No. 57 (2013 T.)
Attorney Grievance Commission of Maryland v. Sheron A. Barton
12-09-2014 No. 30 Falls Garden Condominium Association, Inc. v. Falls Homeowners Association, Inc.

Issues – Civil Procedure – 1) Whether it was error to enforce the Letter of Intent given the parties never intended to be bound by the Letter of Intent and the Letter of Intent does not contain all material terms? 2) Did the lower court err in failing to hold a full plenary hearing on the Motion to Enforce Settlement Agreement since the existence of a binding and enforceable agreement was contested and there were contradicting proffers regarding a material issue, i.e. whether the parties intended to be bound by the Letter of Intent?
12-08-2014 AG No. 8 (2013 T.) Attorney Grievance Commission of Maryland v. Kenneth Haley

12-08-2014 Misc. No. 1 Joseph Antonio, et al. v. SSA Security, Inc. d/b/a Security Services of America

Certified question of Law from the United States Court of Appeals for the Fourth Circuit Does the Maryland Security Guards Act, Md. Code Ann., Bus. Occ. & Prof. § 19-501, impose liability beyond common law principles of respondeat superior such that an employer may be responsible for off-duty criminal acts of an employee if the employee planned any part of the off-duty criminal acts while he or she was on duty?
12-08-2014 No. 31 Metro Maintenance Systems South, Inc. v. Thomas Milburn, et al.

Issues – Civil Procedure – 1) Did CSA err in its decision that the lower court’s remand order was not a “final judgment” as defined by CJP § 12-301? 2) Did the lower court act arbitrarily and capriciously in remanding a final administrative decision to the processes of an administrative agency without conducting any record review and without any finding of fraud, mistake, inadvertence, cognizable defect, intervening factors or subsequent events? 3) Did CSA properly decide Anne Arundel County v. Rode, 214 Md.App. 702 (2013), and properly apply that ruling to the procedural circumstances in this case
12-05-2014 Bar Admissions

 
12-05-2014 AG No. 12 Attorney Grievance Commission of Maryland v. David Peter Buehler

12-05-2014 AG No. 83 (2013 T.) Attorney Grievance Commission of Maryland v. Eugene Alan Shapiro

12-05-2014 No. 29 Anne Arundel County, Maryland, et al. v. Steve Bell, et al.

Issues – Zoning and Planning – 1) Whether the prima facie aggrievement standard established in Bryniarski v. Montgomery County Bd. of Appeals, 247 Md. 137 (1967), should be expanded beyond challenges to administrative land use decisions to include challenges to legislative comprehensive zoning enactments? 2) Whether the “almost prima facie” standard as established in Ray v. Mayor of Baltimore, 430 Md. 74 (2013), should be expanded beyond challenges to administrative land use decisions to include challenges to legislative comprehensive zoning enactments? 3) Whether noise from a predicted increase in traffic constitutes “special damages”?
12-05-2014 No. 28 State of Maryland v. Charles William Callahan

Issues – Criminal Law – 1) Did CSA err in concluding that the lower court violated the doctrine of the separation of powers in finding respondent in violation of his probation based upon his failure to comply with a lawful order of his probation agent where the order was a requirement of his mandatory parole release conditions? 2) Did CSA correctly hold that the lower court erred in revoking Callahan’s probation?
November 2014 Schedule
Date Docket # Title
11-12-2014 No. 19 William Rounds, et al. v. Maryland-National Capital Park and Planning Commission, et al.

Issues – Local Government – 1) Whether parties seeking redress from alleged government violations of the Constitution should be required to adhere to the strict notice requirements of the Local Government Tort Claims Act? 2) Did CSA err in upholding the severe remedy of dismissal for an alleged failure to join necessary parties, despite the Complaint’s assertion that non-defendant neighbors did not oppose action? 3) Did CSA err in its factual determination that Petitioners failed to file this cause of action within the statute of limitations?
11-12-2014 AG Nos. 32 & 46 (2013 T.)

Attorney Grievance Commission of Maryland v. John M. Green
11-12-2014 No. 27 Joseph F. Cunningham, et al. v. Matthew Feinberg

Issues – Labor & Employment – 1) Does application of the Md. choice of law principle of lex loci contractus preclude a claim under the Md. Wage Payment and Collection Law (MD. Code Ann. Lab. & Empl. § 3-501 et seq. (“MWPCL”))? 2) Does proper application of lex loci contractus preclude respondent’s MWPCL claim?
11-10-2014 AG No. 3 (2013 T.) Attorney Grievance Commission of Maryland v. Bruce Michael Smith

11-10-2014 No. 21 People's Insurance Counsel Division v. State Farm Fire and Casualty Company, et al.

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?
11-10-2014 No. 25 Amalgamated Transit Union Local 1300, and David A. McClure v. William T. Lovelace, Jr.

Issue – Labor & Employment – Is an internal union remedy “inadequate” under Md. common law if it does not allow for the monetary damages that the plaintiff seeks in court?
11-07-2014 No. 23 Dominik Oglesby v. State of Maryland

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?
11-07-2014 No. 26 Dennis J. Kelly, Jr. v. George W. Duvall, Jr., et al.

Issues – Estates & Trusts – 1) Did the lower court err in construing the Will in a manner inconsistent with Md. Code Ann. Estates & Trusts § 4-401 and finding that it imposed survivorship as a condition precedent to inheritance under the Will? 2) Did the lower court err in construing the Will as demonstrating the Testatrix’s contrary intent sufficient to overcome the presumption that § 4-403 (2013) (the “anti-lapse” statute) applies?
11-07-2014 No. 22 William Siam Simpson, III v. State of Maryland

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?
11-06-2014 Bar Admissions  
11-06-2014 AG No. 4 Attorney Grievance Commission of Maryland v. Sandy Yeh Chang

11-06-2014 Misc. No. 3 In the Matter of the Application of T. Z.-A. O. for Admission to the Bar of Maryland

11-06-2014 AG No. 7 (2013 T.) Attorney Grievance Commission of Maryland v. Mark Thomas Mixter

11-06-2014 No. 20 Bernard Delaney McCree, Jr. v. State of Maryland

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?
October 2014 Schedule
Date Docket # Title
10-07-2014 AG No. 61 (2013 T.) Attorney Grievance Commission of Maryland v. Michael C. Hodes

10-07-2014 AG No. 63 (2013 T.) Attorney Grievance Commission of Maryland v. Gayton J. Thomas, Jr.

10-07-2014 No. 15 State of Maryland v. Kenneth Martin Stachowski, Jr.

Issues – Criminal Law – 1) Did CSA err in holding that a court may not order restitution as part of a plea agreement on a charge as a condition of a probation in another matter before the court, creating uncertainty in conflict with this Court’s holdings in Walczak and Lee? 2) Did CSA err in vacating only the negotiated and accepted restitution condition required of Petitioner, which was part of the plea agreement, rather than rescinding the entire plea agreement, thus allowing Petitioner the full benefit of his bargain with the State without assuming any of his negotiated burden?
10-07-2014 No. 102 (2013 T.) Steven M. Johnson v. State of Maryland

DNA Appeal
10-06-2014 AG No. 17 (2013 T.) Attorney Grievance Commission of Maryland v. Patrick Guy Samuel Marie Merkle

10-06-2014 No. 13 Jerrod M. Peterson v. State of Maryland

Issues – Criminal Law – 1) Did the trial court err in ruling that the attorney-client privilege prevented the co-conspirator’s attorney from testifying about the co-conspirator’s proffer session with a prosecutor and a county homicide detective? 2) Was Petitioner’s Sixth Amendment Right of Confrontation violated when the trial court limited his cross-examination of multiple State witnesses? 3) Did the trial court commit reversible error by limiting Petitioner’s cross-examination of multiple State witnesses? 4) Are Petitioner’s claims regarding cross-examination of witnesses properly before this Court for review?
10-06-2014 No. 14 Kevin E. Jones v. State of Maryland

Issue – Criminal Law – Was the evidence sufficient to convict Petitioner of second degree assault of the intent to frighten modality where the State failed to prove that Petitioner was aware of the existence of the victim?
10-03-2014 AG No. 99 (2013 T.) Attorney Grievance Commission of Maryland v. Talieb Nilaja Wills

10-03-2014 AG No. 28 (2013 T.) Attorney Grievance Commission of Maryland v. Michael Francis Barnett

10-03-2014 No. 18 Gineene Williams, etc., et al. v. Peninsula Regional Medical Center, et al.

Issue – Torts – Does MD’s involuntary admission immunity statute, Health General § 10-618, apply to health care providers who evaluate an individual and decide to discharge the patient from psychiatric care?
10-02-2014 Bar Admissions  
10-02-2014 AG No. 2 Attorney Grievance Commission of Maryland v. Christopher W. Poverman

10-02-2014 AG No. 14 (2013 T.) Attorney Grievance Commission of Maryland v. Michael Craig Worsham

10-02-2014 No. 16 Traimne Martinez Allen v. State of Maryland

Did the lower court err in reading MD Code, Public Safety Art., § 2-510, so broadly as to conclude that crime scene DNA of other suspects – one of whom had a conviction for a crime very similar to the events for which Petitioner stood trial – was not admissible at trial, and was Petitioner denied his constitutional right to present a defense?
10-02-2014 No. 17 Howard Bay Diggs v. State of Maryland

Issues – Criminal Law – 1) Does MD Code, Public Safety Art., §2-510, which provides that “a DNA database match may be used to establish probable cause to charge and arrest an individual” but “the database match would be inadmissible at a trial of that individual…,” prohibit the introduction at trial by a criminal defendant of evidence of DNA matches to alternative suspects; and if so, does §2-510 deny a criminal defendant his/her constitutional right to present a defense? 2) Did the trial court err in excluding evidence offered by Petitioner of DNA database matches to other suspects on evidence collected at the crime scene?
September 2014 Schedule
Date Docket # Title
09-10-2014 AG No. 33 (2013 T.) Attorney Grievance Commission of Maryland v. Thomas Wesley Felder, II

09-10-2014 AG No. 5 (2013 T.) Attorney Grievance Commission of Maryland v. Sandra Lynn Reno

09-10-2014 No. 85 (2013 T.) State of Maryland v. Joseph William Payne & Jason Bond

Issues – Criminal Law – 1) May a trial court allow a lay witness, without qualification as an expert, to testify about objectively verifiable facts regarding cell phone towers that do not involve the witness forming any opinion or drawing any inference or conclusion? 2) Did CSA err in ruling that wiretap statements made by Respondent Bond but not Respondent Payne were nevertheless admissible against Payne as statements by a party-opponent?
09-10-2014 No. 4 Deborah Hiob, et al. v. Progressive American Insurance Company, et al.

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)?
09-09-2014 AG No. 73 (2012 T.) Attorney Grievance Commission of Maryland v. Joseph Mua Kum

09-09-2014 AG No. 72 (2012 T.) Attorney Grievance Commission of Maryland v. Scott Gregory Adams

09-09-2014 No. 2 John S. Burson, et al. v. Jeffrey G. Capps

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?
09-04-2014 AG No. 10 (2013 T.) Attorney Grievance Commission of Maryland v. Daun Robert Weiers

09-04-2014 AG No. 36 (2013 T.) Attorney Grievance Commission of Maryland v. Jason Robin Gelb

09-04-2014 AG No. 16 (2013 T.) Attorney Grievance Commission of Maryland v. Ronald Claude Brigerman, Jr.

09-04-2014 No. 99 (2013 T.) Luther Gales, III v. Sunoco, Inc. and American Zurich Insurance

Issue – Workers’ Compensation – Are Appellants in a de novo workers’ compensation appeal required to admit into evidence the award from which the appeal was taken as an element of their burden of proof?
09-03-2014 Bar Admissions

 
09-03-2014 AG No. 81 (2013 T.) Attorney Grievance Commission of Maryland v. Donald Saunders Litman
09-03-2014 AG No. 25 (2013 T.)
Attorney Grievance Commission of Maryland v. Christine Boco Gage-Cohen

09-03-2014 AG No. 49 (2013 T.)

Attorney Grievance Commission of Maryland v. Floyd Reynard Blair

09-03-2014 No. 3
State of Maryland v. Jonathan Johnson

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?
09-03-2014 No. 97 (2013 T.)

Gregory Howard v. State of Maryland

Issues – Criminal Law – 1) Did the trial court err in refusing Petitioner’s request for a postponement without sending the matter to the administrative judge or its designee? 2) Did the trial court fail to make the necessary inquiry regarding Petitioner’s request for counsel before denying the request for a postponement? 3) Did the trial court err in finding that Petitioner’s waiver of counsel resulted in a concomitant waiver of the right to discovery? 4) Was Petitioner deprived of his constitutional right to a speedy trial?