Petitions for Writ of Certiorari - January 2019


September Term, 2018



Granted January 4, 2019

In re Santos Nohe Lopez Perez - Case No. 61, September Term, 2018



Granted January 7, 2019

Ronald F. Moser, et al. v. Kristi Heffington, et al. - Case No. 62, September Term, 2018

Issues – Civil Procedure – 1) Did CSA err when it vacated the trial court’s denial of Respondent’s motion to stay in a case where: A) Respondent initiated the civil action for defamation; B) during the pendency of the civil action, Respondent was criminally indicted for the conduct at issue in the civil suit, yet Respondent had fully participated in all aspects of discovery both prior to and after the indictment, which discovery included her own deposition; and C) on the eve of trial, and four months after the indictment, Respondent filed an 11th hour motion to stay the civil trial on the grounds that she intended to invoke her Fifth Amendment privilege not to testify at the civil trial? 2) Did Respondent waive her Fifth Amendment privilege in the civil action by testifying at her deposition and providing other discovery responses without invoking the privilege, after she was on notice that the police were investigating her for the conduct at issue? 3) Given that Respondent had already answered questions at her deposition concerning the conduct at issue, did Respondent fail to preserve for review the denial of a stay of the civil action where she failed to proffer the questions as to which she intended to invoke her right to silence – which was necessary to determine if she could validly exercise the privilege or had waived it? 4) Did CSA unnecessarily decide a Constitutional question, i.e. whether the trial court had failed to fully consider Respondent’s Fifth Amendment right by not granting a stay of the civil action, after it learned that Respondent had been convicted of the very conduct that formed the basis of the alleged defamation, which rendered moot her defamation claim?

State of Maryland v. John Schlick - Case No. 63, September Term, 2018

Issue – Criminal Law – Does a court lose revisory power over a criminal sentence “after the expiration of five years from the date the sentence originally was imposed,” as Maryland Rule 4-345(e) states, or does the court indefinitely retain “fundamental jurisdiction” to revise a sentence, which it is an abuse of discretion not to consider exercising, as CSA held below?



Denied January 18, 2019

Aigbedion v. Sobe Restaurant & Lounge - Pet. Docket No. 190
Alexis, Rashadd Isaah v. State - Pet. Docket No. 401
Bishop, Travis Darnell, Sr. v. State - Pet. Docket No. 383
Bonilla, Edgar v. State - Pet. Docket No. 395
Burnham, LLC v. Vitale - Pet. Docket No. 388
Carroll, Erik Pernell v. State - Pet. Docket No. 385
Corporal, Aubrey Eugene v. State - Pet. Docket No. 404
Dorsey, Joseph E. v. State - Pet. Docket No. 391
Edmonds, Devin v. State - Pet. Docket No. 427
Forquer v. Wells Fargo Bank - Pet. Docket No. 358
Green v. Commission on Judicial Disabilities - Pet. Docket No. 354
Harris v. Hall - Pet. Docket No. 238
Harris, Willie H., Jr. v. State - Pet. Docket No. 352
Hayes, Trannie v. State - Pet. Docket No. 282
Isaac, Michael Kyri, Jr. v. State - Pet. Docket No. 393
Italian Market v. Mangum - Pet. Docket No. 394
Lowe, Roderick v. State - Pet. Docket No. 380
Mahoney v. Burger - Pet. Docket No. 266
McCoy v. Offit Kurman - Pet. Docket No. 324
Padgett, Dennis Thomas v. State - Pet. Docket No. 373 and conditional cross-petition
Staab v. Payne - Pet. Docket No. 276
State v. Williams, Janson Phillip - Pet. Docket No. 387
Sussman v. Diamondhead Casino - Pet. Docket No. 398
Sweats v. Jones - Pet. Docket No. 381
Watkins v. Genovese - Pet. Docket No. 300
Witherspoon v. Bishop - Pet. Docket No. 399
Witherspoon v. Bishop - Pet. Docket No. 426
Witherspoon, Edward v. State - Pet. Docket No. 421