Petitions for Writ of Certiorari -- August 2009

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2008

 

Granted August 21, 2009

Jose Henriquez v. Ana Henriquez - Case No. 81, September Term 2009.

ISSUES - FAMILY LAW - (1) WHETHER THE LOWER COURT ERRED IN ITS INTERPRETATION OF 12-103 OF THE FAMILY LAW ARTICLE TO REQUIRE PAYMENT OF ATTORNEY’S FEES BY ONE PARTY TO THE PRO BONO ATTORNEY OF THE OTHER PARTY WHERE THE LATTER PARTY HAS NOT INCURRED AND IS NOT INDEBTED TO HER PRO BONO ATTORNEY FOR ATTORNEY’S FEES? (2) WHETHER THE LOWER COURT ERRED IN ITS DECISION IN LIGHT OF RUBIN V. RUBIN, 233 MD. 118 (1963) AND CORAPCIOGLU V. ROOSEVELT, 170 MD. APP. 572 (2006) THAT AN AWARD OF ATTORNEY’S FEES UNDER FL 12-103 IS COMPENSATORY IN NATURE AND BASED UPON THE PREDICATE THAT ATTORNEY’S FEES HAVE BEEN INCURRED BY THE DEPENDANT PARTY?

James E. Hill v. Motor Vehicle Administration - Case No. 82, September Term 2009.

ISSUE - CONSTITUTIONAL LAW - MVA - WHETHER THE PETITIONER WAS NOT “FULLY ADVISED” OF THE ADMINISTRATIVE SANCTIONS FOR REFUSING A BREATH TEST AND WAS MISLED, WHERE PETITIONER WAS ADVISED THAT HE WOULD BE ELIGIBLE FOR “A MODIFICATION OF THE SUSPENSION OF ISSUANCE OF A RESTRICTIVE LICENSE” IF PETITIONER PARTICIPATED IN THE IGNITION INTERLOCK PROGRAM BUT WAS NOT INFORMED THAT A ONE-YEAR CDL DISQUALIFICATION COULD NOT BE MODIFIED?

Chuckie Donaldson v. State of Maryland - Case No. 83, September Term 2009.

ISSUES - CRIMINAL LAW - (1) DOES THE EXCHANGE OF MONEY FOR AN UNIDENTIFIED ITEM SUPPORT PROBABLE CAUSE TO ARREST? (2) DID THE TRIAL COURT ERR IN ALLOWING THE PROSECUTOR, IN CLOSING ARGUMENT, TO VOUCH FOR THE CREDIBILITY OF THE TWO POLICE OFFICERS WHO TESTIFIED FOR THE STATE AND TO APPEAL TO THE JURY TO CONVICT PETITIONER IN ORDER TO HELP REMEDY THE DRUG PROBLEM?

Nick Nefredo v. Montgomery County, Maryland, et al. - Case No. 84, September Term 2009.

ISSUE - CONSTITUTIONAL LAW - DID THE TRIAL COURT ERR IN FINDING THAT MONTGOMERY COUNTY CODE SECTION 32-7 CRIMINALIZING THE DEMAND OR RECEIPT OF PAYMENT FOR FORTUNE TELLING, DOES NOT VIOLATE THE FIRST AMENDMENT TO THE US CONSTITUTION AND ARTICLE 40 OF THE DECLARATION OF RIGHTS OF THE MD CONSTITUTION?

Washington Suburban Sanitary Commission v. Shaaron Philips - Case No. 85, September Term 2009.

ISSUE - CONSTITUTIONAL LAW - WHETHER THE TERM “PERSON,” AS IT IS USED IN MD. CODE, ARTICLE 48B, SECTION 42, INCLUDES THE STATE OF MARYLAND?

 

Denied August 24, 2009

Andrews, Jason Robert v. State - Pet. Docket No. 53*
Ashton, Adrian Devon v. State - Pet. Docket No. 193*
Bailey, Thomas Lee v. State - Pet. Docket No. 171*
Baker, Darrell v. State - Pet. Docket No. 191*
Bready v. Dept. of Juvenile Servics - Pet. Docket No. 157*
Bright, David v. State - Pet. Docket No. 179*
Brown, Kevin Michael v. State - Pet. Docket No. 194* and cross-petition
Burlas, Eric v. State - Pet. Docket No. 197*
Cason, Robert James v. State - Pet. Docket No. 195*
Haines v. Kelly - Pet. Docket No. 136*
Hunt v. Luskin - Pet. Docket No. 170*
Inskeep, Paul H. v. State - Pet. Docket No. 172*
Johnson, Curtis T. v. State - Pet. Docket No. 174*
Johnson v. Commissioner of Corrections - Pet. Docket No. 164*
Kitchen, Termaine v. State - Pet. Docket No. 187*
Leach, Dearl v. State - Pet. Docket No. 165*
Parham v. Sandtown - Pet. Docket No. 633
Psallidas v. Dowless - Pet. Docket No. 175*
Redman, Garfield v. State - Pet. Docket No. 159*
Seldon, Crystal v. State - Pet. Docket No. 192*
Sofillas v. Weller - Pet. Docket No. 178*
Sparkman, Ronald v. State - Pet. Docket No. 68*
State v. Chad Everette Miller - Pet. Docket No. 176*
Taylor, Derrick v. State - Pet. Docket No. 166*
Thomas, Ricardo v. State - Pet. Docket No. 188*
Torres, Victor Angel v. State - Pet. Docket No. 190*
Watkins, Marvin D. v. State - Pet. Docket No. 173*
Wiley v. Bon Secours - Pet. Docket No. 167*
Williams, Rodney Earl Jr. v. State - Pet. Docket No. 74
*

* September Term 2009

 

Denied August 25, 2009

Diamond Point v. Wells Fargo - Pet. Docket No. 180* and cross-petition


* September Term 2009