Petitions for Writ of Certiorari - January 2018


September Term, 2017


Granted January 5, 2018

In re: J.C.N.- Case No. 73, September Term, 2017

Issues – Health General – 1) Did CSA err when it found that Petitioner’s challenge to the involuntary admission was moot? 2) Did CSA err when it concluded that the hospital complied with the 10 day deadline for the involuntary admission hearing and that dismissal was inappropriate? 3) Did CSA err when it found substantial support in the record for the administrative law judge’s conclusion that Petitioner presented a danger to the life or safety of herself or others?


Granted January 10, 2018

C&B Construction, Inc. v. Jeffrey Dashiell, et al.- Case No. 76, September Term, 2017

Issues – Real Property – 1) Does §9-204(a) of the Real Property Article, the Maryland Construction Trust Fund Statute, limit its application to projects covered by the Maryland Mechanics’ Lien law and Little Miller Act even though the plain language of the statute as a whole and §9-204(a) specifically contain no such limitation? 2) Did the trial court err in granting judgment to Respondents despite evidence showing that funds received by the general contractor were earmarked for payment to Petitioners?

Julius Devincentz, Jr. v. State of Maryland- Case No. 74, September Term, 2017

Issues – Criminal Procedure – 1) Did the trial court err by prohibiting a defense witness from testifying that the complainant was an untruthful person? 2) Did the trial court err by disallowing a defense witness’s testimony that during an argument he observed between the complainant and the Petitioner, the complainant threatened to get Petitioner in trouble? 3) Did CSA err in holding that Petitioner was required to make a formal proffer regarding the substance and relevance of the evidence at issue in order to preserve for appellate review claims (1) and (2) above, and that the exception to the proffer requirement did not apply, despite it being clear from the record what the testimony of the defense witness would have established if it had been admitted?

WSC/2005 LLC, et al. v. Trio Ventures Associates, et al.- Case No. 75, September Term, 2017

Issues – Courts & Judicial Proceedings – 1) Does a trial court have the power under the Maryland Uniform Arbitration Act (“MUAA”) to vacate an arbitration award that is irrational or in manifest disregard of the law? 2) Is an arbitral award that excuses a non-breaching party from proving that a condition precedent would have been satisfied but for the breach a manifest disregard of Md. law or otherwise irrational because it (a) eliminates the requirement that plaintiffs must prove causation of their injury; (b) deprives the non-breaching party of the benefit of its bargain; and (c) penalizes the breaching party and forfeits valuable contract rights? 3) Does this Court’s decision in Blitz v. Beth Isaac Adas Israel Congregation, 352 Md. 31, 720 A.2d 912 (1998), entitle a party who is granted an arbitration award to an award of attorneys’ fees and costs in court proceedings unsuccessfully pursued by the losing party, or does a trial court have the discretion to deny such an award as in any other case in which legal fees and costs are sought? 4) Is this case the appropriate vehicle for this Court to further explain a trial court’s review authority under the MUAA? 5) Should an arbitration award based on a legal interpretation of a contract be vacated by a legally different interpretation of the contract presented on appeal by the losing party?


Denied January 19, 2018

Adams, Peter E. v. State - Pet. Docket No. 382
Aeon Financial, LLC & Sulion, LLC v. Zorro Properties Mgmt. - Pet. Docket No. 379
Babu v. Isaac - Pet. Docket No. 357
Bailey v. Berman - Pet. Docket No. 358
Bernadeau v. Clarke - Pet. Docket No. 369
Boateng v. Saddlebrook West Utility - Pet. Docket No. 364
Brown, James v. State - Pet. Docket No. 378
Castle Auto Body & Collision v. Scrivener - Pet. Docket No. 363
Cole v. Ward - Pet. Docket No. 278
Cousins, Earl Sylvester v. State - Pet. Docket No. 403
Elee v. Department of Public Safety & Correctional Services - Pet. Docket No. 353
Estate of Tabler v. National Rifle Association - Pet. Docket No. 361
Grant, Corey v. State - Pet. Docket No. 396
Ham v. Ham - Pet. Docket No. 352
Hauck, Michael v. State - Pet. Docket No. 380
Hogan, Steve v. State - Pet. Docket No. 350
In re: Adoption/Guardianship of N.A. - Pet. Docket No. 351
In re: J.W. - Pet. Docket No. 395
Kelly, Keith Darnell v. State - Pet. Docket No. 367
Mitchell, Shakir v. State - Pet. Docket No. 398
Moment, Michael v. State - Pet. Docket No. 384
Richburg, Maurice v. State - Pet. Docket No. 373
Shannon v. KG Industries - Pet. Docket No. 387
Shue v. McAuley - Pet. Docket No. 345
Snead, Maynard Charles v. State - Pet. Docket No. 365
Southland Corp. v. Curro - Pet. Docket No. 360
Steele, Larry v. State - Pet. Docket No. 370
Stinchcomb v. Trautman - Pet. Docket No. 372
Thomas, Roger v. State - Pet. Docket No. 404
Tusing, Kevin v. State - Pet. Docket No. 393
Winter v. Gonzalez - Pet. Docket No. 356