Court of Appeals Webcast Archive 2009 Term

Court of Appeals Webcast Archive

 

Webcasts and the archived recordings of webcasts are made available to the general public for informational purposes only and do not constitute an official record of court proceedings. Recording or copying of any portion of the live webcast or the archived recording of a webcast is prohibited without the express permission of the Supreme Court, which can be obtained by contacting Government Relations and Public Affairs at 410-260-1488 or at communications@mdcourts.gov. Copies of the recorded audio of the proceedings are available from the Clerk upon request and payment of a $10.00 fee.

To view the Webcast, you must have Windows Media version 9 or higher. This FREE software can be downloaded to your computer. Download the FREE Media Player

 
July 2010 Schedule
Date Docket # Title
07-20-10 No. 154

Citizens Against Slots at the Mall, Anne Arundel County Citizens for Protection Against VLT Facilities, Inc. d/b/a Stop Slots at Arundel Mills et al. v. PPE Casino Resorts Maryland, LLC et al.

 
June 2010 Schedule
Date Docket # Title
06-08-10 No. 147 Miller Metal Fabrication, Inc., et al. v. Dawn Ellen Wall, et vir.
Issues - (1) whether the lower court erred in affirming the judgment of the trial court that there was no dispute of material fact regarding petitioners’ failure to warn of risks related to the operation of the machine that would not be obvious to normal, reasonable users? (2) when a custom builder manufactures a machine according to designs, plans and specifications provided by a customer, can it subsequently be held liable for any alleged design effects in the machine, or is it shielded from liability by virtue of the contractor’s defense? (3) can a custom builder rely upon the contractor’s defense if it makes minor changes to the design provided to it by substituting parts and materials required by the design that are no longer available?
06-08-10 No. 149 Enoch Jermaine Hill v. State of Maryland
Issue - Criminal Law - do statements made by an interrogating officer to a suspect implying a victim’s inclination not to prosecute if the suspect were to apologize constitute an improper inducement under Maryland Common Law where the suspect relied on those statements in making admissions to the police?
06-08-10 No. 151 Justin Ray Hannah v. State of Maryland
Issues - Criminal Law - (1) in a prosecution for attempted murder, did the admission of defense evidence that petitioner did not own or have access to a gun justify the admission into evidence of “rap” lyrics and associated drawings produced by petitioner associated two years before the offense which dealt with guns and violence? (2) did the trial court err in excluding evidence that a key state’s witness had an ulterior motive to implicate petitioner?
06-08-10 No. 141 Wal-Mart Stores, Inc., et al. v. Larry Holmes, Sr., et ux.
Issue - Labor and Employment Law - did the lower court err when it held contrary to the plain language of Section 9-632 of the Labor and Employment Article of the Annotated Code of MD that a spouse has a legal obligation to support their surviving spouse solely by virtue of the marital tie and in the absence of a court order, decree or other adjudication establishing a legal obligation to pay support?
06-07-10 No. 136 John L. Mattingly Construction Co., Inc. v. Hartford Underwriters Insurance Company
Issues - Contract - (1) when the standard AIA document A107-1997 imposes no temporal limitation on waivers of subrogation, can a Maryland Court disregard the clear language of the contract and impose such a temporal limitation that precludes application of waivers of subrogation to post-construction losses absent any ambiguity in the contract language? (2) did the lower court err by looking for extrinsic evidence beyond the four corners of the contract when the contract language was clear and unambiguous simply because no Maryland cases had previously interpreted the phrase “other property insurance applicable to the work”?
06-07-10 No. 144 Wilma L. Phoebus d/b/a Phoebus Electric Company v. Hartford Underwriters Insurance Company
Issues - Contract - (1) where the language of the contract itself is clear and unambiguous, may a court look to extrinsic evidence beyond the four corners of the contract to find an ambiguity? (2) whether a waiver of subrogation provision in a contract applies to post-construction losses, where the clear and plain language of the contract does not impose a temporal limitation?
06-07-10 No. 148 State of Maryland v. Wilbert Hardy
Issues - Criminal Law - (1) have “meaningful trial proceedings” commenced with respect to Maryland Rule 4-215 when the venire has been sworn and voir dire has begun? (2) was respondent’s statement that he was “thinking about changing his attorney” not a request to discharge his counsel? (3) did the trial court comply with the procedural requirements of Maryland Rule 4-215?
06-07-10 No. 21 (2010 T.) In Re: Adoption/Guardianship of Cadence B.
Issue - CINA - did juvenile court err in terminating reunification efforts and implementing a permanency plan of adoption because of the length of time that the child had lived with foster parents?
06-03-10 No. 143 Michele Collins v. National Railroad Passenger Corporation
Issues - Federal Employers’ Liability Act - (1) whether the lower court erred in not applying the majority rule in FELA cases that a jury instruction stating that assumption of risk is not a defense should be given where there is any danger that the defense was explicitly or implicitly raised by the evidence and in so doing erroneously affirmed the decision of the trial court not to give the instruction in this case? (2) whether the lower court erred by not reviewing and not overturning the trial court’s denial of respondent’s motion for judgment as the decedent was the sole cause of his injuries?
06-03-10 No. 150 James J. Dasher v. State of Maryland
Issue - Criminal Law - does the Maryland Pattern Jury Instruction on reckless endangerment, as read to the jury at the petitioner’s trial, accurately state the crime of reckless endangerment?
06-03-10 No. 138 Valerie J. Willis v. Montgomery County, MD
Issue - Workers’ Compensation - what constitutes an appealable issue in a workers’ compensation claim in that – must the decision of the Workers’ Compensation Commission grant or deny a benefit to be appealable?
06-03-10 No. 140 State of Maryland v. Larry Johnson
Issues - Criminal Law - (1) is a denial of a sentence review that does not deprive the applicant of a fundamental right to counsel, not appealable? (2) after respondent filed his pro se review application, which triggered the automatic panel under no obligation to ensure respondent’s legal representation or that he knowingly and intelligently waived legal representation for the preparation of the application?
06-03-10 No. 139 Michael C. Worsham v. Robert Greenfield and Romualda Greenfield
Issue - Attorneys’ Fees - whether a party has “incurred” attorneys’ fees, expenses or costs under Rule 1-341 when that party did not actually pay any attorneys’ fees, expenses and costs?
06-02-10

Bar Admissions

  
06-02-10 AG 53

Attorney Grievance Commission of Maryland v. Ronnie Thaxton
06-02-10 No. 133 In Re: Adoption/Guardianship of Ta’Niya C.
Issues - Family Law - (1) did the denial of the petition to terminate respondent’s parental rights violate state and federal law? (2) did the lower court err in holding that the trial court employed the correct legal standard in denying the petition to terminate respondent’s parental rights?
06-02-10 No. 135 State of Maryland v. George Matthews
Issues - Criminal Law - (1) did the lower court properly deny respondent’s motion for a new trial without a hearing when the motion was not timely filed within one year of the date that the trial court imposed sentence after respondent pled guilty? (2) was the failure to hold a hearing on respondent’s untimely motion for a new trial harmless error when the court was without jurisdiction to grant the motion?
06-02-10 No. 134 In Re: Adoption/Guardianship of Amber R. and Mark R.
Issue - Family Law - in a termination of parental rights case where the court does not make a finding that exceptional circumstances exist to warrant terminating a natural parents’ rights in their child, what level of parents unfitness is required to permanently sever the parent child relationship?
06-02-10 No. 137 Appleton Regional Community Alliance et al. v. Board of County Commissioners of Cecil County, MD
Issue - Environmental - whether Maryland Annotated Code, Art. 25, Section 8 authorizes the Commissioners to privatize Cecil County’s operational water and wastewater assets by selling them to water and wastewater companies?
May 2010 Schedule
Date Docket # Title
05-11-10 No. 126 Alan Tyler, et al. v. City of College Park, et al.
Issues - Constitutional Law - whether the trial court erred in ruling that the rent control ordinance (1) satisfies the requirements of due process and equal protection under Article 24 of the Maryland Declaration of Rights? (2) does not violate the state and county Fair Housing Acts? And (3) does not constitute permissible zoning by the City of College Park?
05-11-10 No. 127 Hugh Shaka Marshall v. State of Maryland
Issues - Criminal Law - (1) does a warrant application in light of Holmes v. State, 368 MD. 506 (2002) establish a substantial basis for finding probable cause to search a home where it avers that the suspect was selling marijuana out of his car at an unspecified location in the same town and storing the marijuana in the car? (2) did the lower court correctly conclude that the officers properly acted in good faith reliance on the search warrant?
05-11-10 No. 128 State of Maryland v. Lewis Rich
Issue - Criminal Law - is a finding of plain error in a given jury instruction inappropriate where the defense initiated and received the benefit of the error by specifically requesting the unsupported instruction?
05-11-10 AG 11

Attorney Grievance Commission of Maryland v. Ozoemena Maryrose Nwadike
05-10-10 AG 15

Attorney Grievance Commission of Maryland v. Heung Sik Park
05-10-10 No. 129 State of Maryland v. Brian Gerard Kanavy, Shadi Sabbagh, Dennis Harding, Mark Richard Sainato and Jason Willie Robinson
Issues - Criminal Law - (1) where the indictments contained all the elements required to charge reckless endangerment, did the lower courts err in focusing on surplus language regarding the manner and means by which the defendants committed the crime to find that the indictments failed to charge an offense? (2) did the trial court err in going beyond the four corners of the indictments to find a basis for dismissal, contrary to State v. Taylor, 371 MD. 617 (2002)? (3) does the “conduct” required for reckless endangerment include acts of omission where there is a duty to act?
05-10-10 No. 116 Ashanti Cost v. State of Maryland
Issues - Criminal Law - (1) did the lower court err in holding that the trial court did not err in failing to instruct the jury on spoilation because such an instruction is never required in criminal cases? (2) did the state violate its obligation under Brady v. Maryland, 373 U.S. 83 (1963) when it failed to disclose that the victim had a history of self-inflicted superficial stab wounds while in state custody?
05-10-10 No. 123 Margaret McHale v. DCW Dutchship Island, LLC, et al.
Issue - Critical Area Law - did the trial court err in concluding that the provision of the 2008 Amendments to the Critical Area Law requiring restoration, mitigation and abatement of critical area violations prior to receipt of a critical area variance does not apply to critical area violations in litigation at the time that the amendments took effect?
05-06-10 AG 3 Attorney Grievance Commission of Maryland v. Martin Bernard Brown
05-06-10 No. 118 Sean Anthony Dove v. State of Maryland
Issues - Criminal Law - (1) did the lower court err in finding “harmless error” could be applied to substantive violations of MD. Rule 4-342(d)? (2) did the lower court err in finding harmless the introduction of evidence in violation of MD. Rule 4-342(d), where that evidence was used by the sentencing court to establish identity and provided the basis for an expert witness’ opinion and testimony?
05-06-10 No. 125 Gail A. Kearney, Individually, Etc., et al. v. Robert S. Berger
Issues - Statutory - Medical Malpractice - (1) did the trial court abuse its discretion in ruling that appellants did not have good cause for an extension of time under md. Code, Ann., CPJ Sections 3-2a-04(b)(5) and 3-2a-05(j)? (2) did appellee waive his statutory right to object to the sufficiency of the arbitration proceedings when he unilaterally waived arbitration and failed to plead any objection in his answer? (3) did the trial court err in determining that the appellants’ certificate of qualified expert was insufficient?
05-06-10 No. 120 Ricky Savoy v. State of Maryland
Issues - Criminal Law - (1) did the lower court err when it held that the reasonable doubt instructions issued to the jury at petitioner’s trial, which defined the standard for beyond a reasonable doubt as “certainty based upon convincing grounds of probability,” did not constitute a structural error nor violate petitioner’s Sixth and Fourteenth Amendment Constitutional Rights? (2) did the lower court abuse its discretion in refusing to recognize plain error in reasonable doubt jury instructions, which defined the standard for reasonable doubt as “certainty based upon convincing grounds of probability?”
05-06-10 No. 121 Curtis Windell Alston v. State of Maryland
Issue - Criminal Law - does the trial court lack jurisdiction to reopen a post conviction case to deny post conviction relief, whether sua sponte or on time-barred motion of the state, after having granted post conviction relief in the form of a new trial six months earlier?
05-05-10 Bar Admissions  
05-05-10 AG 28 Attorney Grievance Commission of Maryland v. Timu Ziya Edib
05-05-10 No. 115 Christian Darrell Lee v. State of Maryland
Issues - Criminal Law - (1) whether interrogating officer made a promise of confidentiality, violated protections of Miranda v. Arizona, and induced an involuntary statement when, an hour into interrogation in which petitioner continually denied involvement in shooting, the officer stated: “this is between you and me, bud. only you and me here, all right? all right?” (2) whether where the deliberating jury asked, “in the case of felony murder anyone present is as guilty as the person who personally commits the murder. in the case of felony murder, does the same hold true,”the trial court erred in merely responding, “[t]he answer to this question is contained in the jury instructions provided to you”?
05-05-10 No. 119 Dameek Yearby a/k/a Dameek Yerby v. State of Maryland
Issue - Criminal Law - did the state commit a Brady Violation by failing to disclose the facts that police had developed other suspects with respect to a series of robberies that happened in same area and during same time frame as robbery of which petitioner was accused, and that at least one of those suspects resembled petitioner?
05-05-10 No. 110 Jamal Charles and Dwayne Drake v. State of Maryland
Issue - Criminal Law - does a judge have the right to restrict summation and prohibit an attorney from putting law, given by the judge in instruction, into context as warranted by the specific facts of a case?
05-05-10 No. 114 Dwayne Drake and Jamal Charles v. State of Maryland
Issues - Criminal Law - (1) did the trial court unduly restrict defense counsel’s closing argument by prohibiting placing the reasonable doubt standard in the context of other standards of proof? (2) did the trial court err in asking the jury on voir dire whether they would be unable to convict the defendant in the absence of “scientific”?
April 2010 Schedule
Date Docket # Title
04-08-10 AG 27  Attorney Grievance Commission of Maryland v. Lorin Henry Bleecker
04-08-10 No. 109 Ocean Petroleum Co., Inc. v. Estate of Dorothy E. Yanek, et al.
Issue - Real Property - did the lower court misapply the Doctrine of Merger to the option-to-purchase provision in a long-term lease when it ruled that appellant’s lease should not be considered in establishing the fair market value of appellees’ land where appellant was the buyer but would be considered if the buyer was anyone else?
04-08-10 No. 87 Erick Leroy Spencer v. State of Maryland
Issue - Criminal Law - did the lower court correctly hold that the evidence was sufficient to sustain the petitioner’s robbery conviction?
04-08-10 No. 101 In Re: Elrich S.
Issues - Juvenile - (1) whether the trial court erred in denying petitioner’s motion to vacate his juvenile delinquency finding on the basis that assuming petitioner’s attorney was ineffective, it would not be in petitioner’s best interest to vacate the delinquency finding? (2) whether a judge may order the public defender to strike their appearance in a case and provide a private “panel” attorney to represent the accused? (3) whether the juvenile judge erred in failing to recuse herself from further participation in this case after she made clear that her order, requiring the public defender to strike its appearance was based upon opinions derived from out-of-court conversations with persons unrelated to the case? (4) is a motion to vacate under Rule 11-116 an Appealable Order?
04-08-10 No. 106 Leon Steven Calloway v. State of Maryland
Issue - Criminal Law - did the lower courts err in limiting defense counsel’s cross-examination of the state’s key witness regarding his expectation of leniency from the state?
04-07-10 AG 16 Attorney Grievance Commission of Maryland v. John Thanh Hoang
04-07-10 Misc. 3 Board of County Commissioners of St. Mary’s County v. Marcas, L.L.C.
04-07-10 No. 100 Jay Anthony Jones v. State of Maryland
Issues - Criminal Law - (1) did the trial court err in failing to allow petitioner to offer argument in mitigation before imposing sentence? (2) did petitioner fail to preserve his claim that the trial court failed to allow him to offer argument in mitigation before imposing sentence where defense counsel did not refer to any mitigating factors during the resentencing hearing, did not object to the resentencing procedure and stated “okay” when the resentencing court stated “i don’t believe there is anything to mitigate on”?
04-07-10 No. 103 State of Maryland v. Emanuel Tejada
Issues - Criminal Law - (1) did lower court err in determining that a complaint that there was not a sufficient number of prospective jurors designated prior to the beginning of the exercise of peremptory challenges is preserved as long as a defendant who had not exhausted all of his or her peremptory challenges objects before the jury is sworn? (2) does a party waive Appellate review of the issue by continuing to exercise strikes after the issue is raised by the trial court or another party? (3) does the trial court have discretion to reject a party’s attempt to retract a waiver of an objection?
04-02-10 AG 43 Attorney Grievance Commission of Maryland v. Garland Howe Stillwell
04-02-10 No. 107 State of Maryland v. Dean Cates, Randy Kucsan, Bill Tran, Dana Way
Issues - Criminal Law - (1) whether a political subdivision may transfer liability to a police officer for a speed monitoring system citation when the police officer was on duty and operating an emergency vehicle in excess of the speed limit? (2) whether a police officer is entitled to “due process” before liability for a speed monitoring system citation may be transferred to the officer?
04-02-10 No. 108 Benoit Tshiwala v. State of Maryland
Issue - Criminal Law - does a sentence review panel convened pursuant to MD Rule 4-344 lack jurisdiction to deny a motion for reconsideration of sentence filed pursuant to Rule 4-345?
04-02-10 No. 104 DRD Pool Service, Inc. v. Thomas Freed, et al.
Issues - Constitutional Law - (1) whether a claim for conscious pain and suffering in a survivorship action can be supported solely by an expert opinion in the absence of case specific independent objective evidence? (2) is there any rational basis for the court to continue to countenance the discrimination against the most seriously injured non-medical malpractice tort claimants that the application of MD’s statutory cap on non-economic damages causes where there is no evidence to support the legislature’s presumption that the cap results in lower liability insurance premiums?
04-02-10 No. 99 Laquarie Donte Harvey v. State of Maryland
Issues - Criminal Law - (1) does MD. Rule 4-326(d) require that notification to the parties of the receipt of any communication from the jury pertaining to the action be on the record in open court or in writing and filed in the action or merely that the communication itself be on the record in open court or in writing and filed in the action? (2) is the absence of a notification on the record pursuant to MD. Rule 4-326(d) sufficient to establish that such notification never occurred?
04-01-10 Bar Admissions  
04-01-10 AG 40 Attorney Grievance Commission of Maryland v. John Joseph Zodrow
04-01-10 No. 111 Merle Unger v. State of Maryland
Issues - Criminal Law - (1) did defense counsel provide ineffective representation by failing to object to “advisory only” jury instructions that were given at petitioner’s trial? (2) did defense counsel render ineffective assistance by not objecting to trial judge’s failure to give a reasonable doubt instruction after close of the evidence?
04-01-10 No. 112 W.M. Schlosser Co., et al. v. Uninsured Employers’ Fund, et al.
Issue - Workers’ Compensation - did the lower court correctly hold that a statutory employer must pay workers’ compensation to its statutory employee for an injury he suffered while performing work for the statutory employer?
04-01-10 No. 102 Thomas Smith v. State of Maryland
Issues - Criminal Law - (1) did the lower court err in affirming the judgment based on a ground conceded by the state at trial and on appeal and not discussed by the court or parties at oral argument? (2) did the lower court err in holding that petitioner was not in custody for purposes of Miranda where a police SWAT team raided petitioner’s apartment, handcuffed petitioner and his guests, and blocked the entrance and exit while a search of petitioner’s apartment was conducted? (3) did the lower court err in holding that petitioner was not subject to interrogation where a law enforcement official, knowing petitioner’s desire to protect his girlfriend, confronted petitioner with incriminating evidence and declared his intention to arrest petitioner’s girlfriend?
04-01-10 No. 105 Clavon Smith v. State of Maryland
Issue - Criminal Law - is proof of presence in a house where marijuana is being smoked sufficient to sustain a conviction for possession of marijuana?
March 2010 Schedule
Date Docket # Title
03-09-10 No. 91 Abdel Khader Diallo v. State of Maryland
Issues - Criminal Law - (1) whether the lower courts erred in holding that petitioner did not enjoy diplomatic immunity from the criminal jurisdiction of MD, based on the immunity of his father, a top-level U.N. diplomat, who the United Nations has certified had immunity in the U.S. at all relevant times? (2) whether the lower court erred when it ruled petitioner had waived his right to appellate challenge on appeal the issue of the court’s jurisdiction because he had allegedly not adhered MD. Rule 8-504(a)? (3) whether the lower court erred when it ruled that knowledge of a manifestly erroneous certification of the U.S. Department of State, called into question by petitioner in his motion for new trial, should not be imputed to the state under Brady v. Maryland, 373 U.S. 83; 83 S.Ct. 1194; 10 L. Ed. 2d 215 and MD Rule 4-263?
03-09-10 No. 81 Jose Henriquez v. Ana Henriquez
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 dependent party?
03-09-10 No. 98 Mario Rodriguz Gutierrez v. State of Maryland
Issue - did the trial court err by admitting “expert” testimony regarding the violent street gang ms-13 such that said testimony potentially mislead the jury to believe that defendant’s possible membership in said gang caused him to form the intent for premeditated murder rather than inferring said intent from the facts of the crime?
03-08-10 No. 86 Herbert Roosevelt Sidbury v. State of Maryland
Issue - Criminal Law - did the trial court err in failing to appropriately respond to the jury question: “Judge, if the jury is hung on the degree of murder ‘first or second,’ will the defendant go free”?
03-08-10 No. 95 State of Maryland v. Caleb Micha Pair
Issue - Criminal Law - did the trial court err in dismissing the charges on the basis of violation of the 180-day period of the interstate agreement on detainers where the trial court failed to toll the 180-day period as required after Delaware refused to transfer respondent and he was unable to stand trial in Maryland as a result?
03-08-10 No. 84 Nick Nefedro v. Montgomery County, Maryland, et al.
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?
03-08-10 No. 89 Motor Vehicle Administration v. Leonard Jaigobin
Issue - Transportation - did the trial court err when it held that respondent’s probation before judgment for violating MD Code Ann. Transp. II, Section 21-902(a)(2) was not a “conviction” under the MD Commercial Driver’s License Act that mandated a disqualification of his commercial driver’s license?
03-05-10 No. 93 Kevin P. Clark v. Mayor Martin O’Malley
Issue - Constitutional Law - may a trial court prohibit an office holder’s return to office, where the court of appeals has expressly found that the office holder was removed from office illegally?
03-05-10 No. 94 Natasha Clark v. Mayor Martin O’Malley
Issue - should petitioner have been permitted to intervene in the underlying action to protect her privacy interest in the documents made part of the record in that matter, regardless of whether substantive rulings in that matter terminated the underlying litigation?
03-05-10 No. 83 Chuckie Donaldson v. State of Maryland
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?
03-05-10 No. 82 James E. Hill v. Motor Vehicle Administration
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?
03-05-10 No. 88 David Grant v. State of Maryland
Issue - Criminal Law - did the trial court err in denying petitioner a postponement on the basis of an unreviewable and contested belief that petitioner had refused public defender representation?
03-04-10 Bar Admissions  
03-04-10 AG 46 (2008 T.) Attorney Grievance Commission of Maryland v. Bruce Edward Goodman
03-04-10 No. 122 State of Maryland v. Terris Terrell Luckett
Issue - Criminal Law - did the lower court err in holding that respondent’s statement must be suppressed where that holding expands the concept of “improper inducement” to include situations where the interrogator makes no offers or promises in exchange for a statement; is based upon a flatly incorrect interpretation of the record; and erroneously concludes that respondent did not knowingly waive his right to counsel?
03-04-10 No. 70  RRC Northeast, LLC v. BAA Maryland, Inc.
Issues - Torts - (1) did the lower court err in concluding that plaintiff’s claim for breach of the implied covenant to refrain from destructive competition must be dismissed where the parties’ contract did not prohibit all competition but rather provided specific limits to competition which one of the parties exceeded? (2) did the lower court err in dismissing a breach of contract claim where the plaintiff made allegations regarding defendant’s obligation and breach thereof but failed to either attach copies of or quote extensively from contractual documents?
03-04-10 No. 77 Anthony Jerome Miller v. State of Maryland
Issue - Criminal Law - did the lower courts err by ruling admissible a handwriting expert’s testimony that petitioner might have written the victim’s signature on an important questioned document and that, based on his comparison of documents while on the stand testifying, the “general appearance” of the handwriting on the questioned document did not match the victim’s handwriting?
03-04-10 No. 80 Catalyst Health Solutions, Inc., f/k/a Healthextras, Inc. v. Martin A. Magill
Issues - Employment - (1) did the lower court err in holding that unvested stock options constitute “wages” “promised for service” under the md wage payment & collection act (MWPCA) when they were conditionally granted pursuant to an unambiguous written agreement and the service conditions were not fulfilled? (2) did the lower court err by rewriting the terms of the parties’ grant agreements in formulating a damages award?
February 2010 Schedule
Date Docket # Title
02-09-10 AG 23 Attorney Grievance Commission of Maryland v. Barry Kent Downey
02-09-10 No. 65 Edy Sanchez v. Potomac Abatement, Inc. and A.I.U. Insurance Company
Issue - Labor and Employment - whether the md statewide average weekly wage index (SWAWW) used to calculate and establish the maximum or cap of weekly compensation resulting from a permanent partial disability of 185 weeks is that index on the date of the accident or on the date the right to such compensation commences?
02-09-10 No. 67 Eduardo Escobar Martinez v. State of Maryland
Issue - Criminal Law - did the lower courts apply an erroneous legal standard in determining petitioner could not inquire about a key witness’s expectation of leniency where state had dismissed the witness’s charges of felony theft and unauthorized use of motor vehicle and his appearance at trial was secured by a body attachment?
02-09-10 No. 75 Norman C. Usiak v. State of Maryland
Issues - Criminal Law - (1) did the lower court err by refusing to consider the petitioner’s affidavit of defense? (2) whether a judge has authority to refuse to allow the state to stet a driving without a license charge on personal policy grounds when the state and the accused consent to the entry and the conditions upon the entry are non-objectionable and laudable? (3) should the judge have summarily declared petitioner in contempt after the matter was remanded and several months had transpired?
02-09-10 No. 92 Rubin Paz-Rubio v. The Honorable Janice R. Ambrose
Issues - (1) whether a judge has the authority to refuse to allow the state to stet a driving without a license charge, on personal policy grounds, when the state and the accused consent to the entry and the conditions upon the entry are non-objectionable and laudable? (2) whether the circuit court has jurisdiction by certiorari, or by other writ, to review the respondent’s conduct described above? (3) should CSA have dismissed the appeal for mootness?
02-08-10 AG 13 Attorney Grievance Commission of Maryland v. Frank M. Costanzo
02-08-10 No. 73 William J. Blondell, Jr., et al. v. Diane M. Littlepage, et al.
Issues - Torts - Summary Judgment - (1) whether an attorney in a joint representation of a client with co-counsel has an actionable tort duty to disclose to co-counsel material facts and information relating to the representation when the failure to do so will not only injure the client and negatively impact the representation but also result in economic and other injury to co-counsel? (2) whether an attorney owes co-counsel contractual duties of good faith and fair dealing with respect to the course of the representation the breach of which support a cause of action? (3) whether an attorney can ever state a claim against co-counsel for the tortious interference with the first attorney’s economic relationship with client?
02-08-10 No. 69 Motor Vehicle Administration v. Brittany Faith Aiken
Issue - Transportation - where evidence presented to the alj included prima facie evidence of a test result in the form of a test technician or analyst’s sworn statement that a driver had a test result indicating an alcohol concentration of 0.15 or more as provided in MD. Code Ann. Transportation II, Section 16-205.1 (f) (7)(ii), did the lower court err in finding a lack of competent, material & substantial evidence to support suspension of the driver’s license on the ground that the record did not also include various other evidence that is not required by the statute?
02-08-10 No. 76 William Pease et al. v. Wachovia SBA Lending, Inc.
Issue - Torts - does the statute which bars enforcement of credit agreements, unless the agreements are in writing, and the CSA decision in St Systems Corp. V. Md Nat’l Bank, 112 MD. App. 20 prohibit tort claim defenses to a bank’s confessed judgment claim where the defendants allege the bank violated standard banking practices to fraudulently and negligently induce a borrower to accept the bank’s loan of over $1 million dollars?
02-05-10 No. 85 Washington Suburban Sanitary Commission v. Shaaron Phillips
Issue - Constitutional Law - whether the term “person,” as it is used in MD. Code, Article 48b, Section 42, includes the State of Maryland?
02-05-10 No. 154 (2008 Term) James K. Sillers v. (2008 T.) Washington Suburban Sanitary Commission *****
Allen W. Cartwright, Jr. v. Washington Suburban Sanitary Commission
Issue - employment - whether the trial court erred in holding that the appellee, which is a state agency, is not subject to civil action under MD. Code, Art. 49b, Section 42?
02-05-10 No. 72 Michael S. Rudman v. Maryland State Board of Physicians
Issue - Health - Occupations - did the lower court err by reversing the trial court’s decision to vacate the final decision and order of the board where petitioner entered into an alford plea on one count of second degree assault and the trial court struck the guilty plea and granted petitioner probation before judgment placing him on supervised probation for three years and thereafter the board revoked petitioner’s license without a hearing?
02-05-10 No. 79 Talbot County, Maryland, et al. v. Miles Point Property, LLC et al.
*****
Talbot County Council, et al. v. Shorelands, LLC
Issues - Administrative - Environment - (1) did the board of appeals correctly decide it had no jurisdiction under the Express Powers Act, Article 25a, Section 5 (u) to review the county council’s vote declining to approve the proposed amendments to the county comprehensive water and sewer plan? (2) did the board of appeals correctly decide it had no jurisdiction under Talbot County Charter Section 502 (4) because the county council’s action was not an executive, administrative or adjudicatory order, the council’s action was a legislative act, and because of the prohibition in MD Constitution Section XI-a, Section 2 prohibiting county charters from enlarging or expanding express powers granted by the general assembly? (3) is the correct method for review of the county council’s action to invoke the original jurisdiction of the lower court and not to file an administrative appeal to the board of appeals?
02-04-10 Bar Admissions  
02-04-10 AG 31 Attorney Grievance Commission of Maryland v. Jeffrey Keith Gordon
02-04-10 AG 6 Attorney Grievance Commission of Maryland v. David E. Fox
02-04-10 No. 68 Kenneth Longus v. State of Maryland
Issues - Criminal Law - (1) did lower court err by ruling that trial judge can exclude a portion of the spectators from the courtroom if the moving party offers a “substantial reason” to do so? (2) did trial judge err by granting state’s motion to exclude two spectators from courtroom during testimony of a key prosecution witness?
02-04-10 No. 74 Carmen Dickerson, Personal Representative of the Estate of Carter Bradley v. Ricardo Longoria, et al.
Issues - Health - Arbitration - (1) absent a power of attorney or other advance directive, does a friend or relative have authority to bind a nursing-home resident to an arbitration agreement included in nursing-home-admissions documents? (2) is an arbitration agreement providing one party will unilaterally select the sole arbitrator from a list created by that party so one-sided as to be unenforceable?
02-04-10 No. 71 Prince George’s County, Maryland, et al. v. Cleveland Brent
Issues - Transportation - (1) whether public officials of local governments within the meaning of the local government tort claims act should extend to include public officials of a charter county under MD Code Ann. Section 5-507(b)(2) for purposes of defenses available under Section 5-503(d) & (e) of the LGTCA? (2) whether the legislature intended for public officials of some local governmental units within the meaning of the LGTCA to have a separate lower cap for damages arising out of the negligent operation of a motor vehicle because of insurance coverage provided by small governmental units versus larger government units?
January 2010 Schedule
Date Docket # Title
01-12-10 AG 9 Attorney Grievance Commission of Maryland v. Cotie W. Jones
01-12-10 No. 66   Prince of Peace Lutheran Church, et al. v. Mary Linklater
Issues - Constitutional Law - (1) whether Ministerial Exception is limited to matters that would require a court to decide an issue of religious scripture or dogma, or whether it applies more broadly to matters of church governance? (2) whether continuing violation principle applies to claims under Art. 49b, Section 42 and, if so, whether merely alleging a discrete and separate act of retaliation can save otherwise different, untimely sexual harassment claims? (3) whether individuals can be personally liable as an employer under the Montgomery Co. Code? (4) whether MD. Code Ann. Art. 49b Section 42 violates equal protection by allowing Montgomery co. to create claims and liabilities for employees and employers in that county that do not exist in Maryland’s other jurisdictions?
01-12-10 No. 60   Joel Falik, et al. v. James Hornage, et al.
Issue - Constitutional Law - Expert Witness - did trial court err as a matter of law and abuse its discretion in ordering production of documents, including confidential financial records of an expert witness?
01-12-10 No. 90   Joel Falik, et al. v. Clint Holthus, et ux.
Issue - Constitutional Law - Expert Witness - did trial court err as a matter of law and abuse its discretion in ordering production of documents, including confidential financial records of an expert witness?
01-11-10 AG 5 Attorney Grievance Commission of Maryland v. Lucille Saundra White
01-11-10 AG 52 (2008 T.) Attorney Grievance Commission of Maryland v. Godson M. Nnaka
01-11-10 No. 58 Elizabeth M. Carven v. State Retirement and Pension System of Maryland
Issue - Statutory - did trial court err in holding that provisions of Section 23-407 were applicable to Mr. Carven’s appointment to the Workers’ Compensation Commission and would bar his membership in the judges’ retirement system?
01-11-10 No. 59 Goldfield, Inc. v. Hartford Casualty Insurance Company
Issue - Insurance - whether trial court erred in holding that insurer carried its burden of proof in showing allegations in three complaints filed in the underlying case fall within the “professional services” exclusion of the insurer’s commercial general liability policy?
01-11-10 No. 61 Kelroy Williamson v. State of Maryland
Issue - Criminal Law - was it error to deny motion to suppress evidence obtained in violation of appellant’s statutory and fourth amendment rights?
01-08-10 No. 63 Catherine A. Moreland Johnson v. James Michael Johnson
Issue - Estates and Trusts - whether the lower court erred in compelling the surviving trustee of an inter vivos trust to provide the trust agreement and an accounting to a beneficiary whose interest is contingent and subject to divestment in contravention of the clear terms of the trust?
01-08-10 No. 56   Troy Briggs v. State of Maryland
Issues - Criminal Law - where Maryland statutes and rules define “charging document” to include a statement of charges, did the circuit court properly determine that a statement of charges is a “charging document” within the meaning of former Article 27,Section 286(d)?
01-08-10 No. 62 Timothy A. Frey, et al. v. Comptroller of the Treasury
Issues - Constitutional Law -whether the lower court erred in determining that (1) although the special non-resident tax was discriminatory on its face, it was nonetheless a valid compensatory tax under the interstate commercial clause of the U.S. Constitution; (2) the special non-resident tax does not violate the equal protection clause of the U.S. Constitution; (3) the special non-resident tax does not violate the privileges & immunities clause of the U.S. Constitution; and (4) the special non-resident tax does not violate the Maryland Constitution and the Declaration of Rights?
01-08-10 No. 64 Rafael Flanagan v. Department of Human Resources, Baltimore City Office of Child Support Enforcement, ex rel. Baltimore City Department of Social Services
Issue - Civil Contempt - where there was no valid personal service, did the trial court err in denying motion to dismiss civil contempt for lack of personal jurisdiction and proceeding on the show cause order in the absence of valid personal service?
01-07-10 Bar Admissions  
01-07-10 AG 2 Attorney Grievance Commission of Maryland v. Jeffrey S. Marcalus
01-07-10 No. 52 Ameriquest Mortgage Company v. Paramount Mortgage Services, Inc.
Issue - Real Property - May a lien holder challenge an earlier recorded deed of trust on the basis of an allegedly defective affidavit of consideration and disbursement if such challenge is not filed until 18 months after recordation?
01-07-10 No. 50 William Edward Dillard v. State of Maryland
Issue - Criminal Law - Should prejudice to petitioner be presumed where, following the testimony of the State's primary law enforcement witness, two jurors patted the witness on the back and commended him for doing a "good job"?
01-07-10 No. 57 Thomas Boemio v. Cynthia Boemio
Issues - Family Law - whether the trial court erroneously relied upon “alimony guidelines” which are not authorized by statute or rule in determining the amount and duration of alimony award to the appellee?
01-07-10 No. 54 J. Michael Stouffer, Commissioner of Correction v. Troy Reid
Issue - may the Commissioner of Correction administer life-sustaining medical treatment or nutrition to an inmate over the inmate’s objection where the lack of treatment may cause the inmate’s death or serious injury and threaten prison, safety, security and good order?
December 2009 Schedule
Date Docket # Title
12-08-09 No. 42 Thomas Peter Headen v. Motor Vehicle Administration
Issues - Transportation - (1) whether the lower court erroneously affirmed the MVA's refusal to expunge selected traffic convictions based on an illogical interpretation of MD. Code Ann. Transp. Section 16-117.1 under which the petition was at the same time both eligible for expungement of "public" driving records because he had been conviction free for ten years as required by MD. Code Ann. Transp. Section 16-117.1 and ineligible for expungement because MD. Code Ann. Transp. Section 12-111(b)(2) defines "public" records as being records under five years old? (2) did the lower court err in ordering the MVA to provide petitioner a hearing to contest MVA's refusal to issue him a driver's license, after the agency refused his application, pursuant to MD. Code Ann., Transp. Section 16-103.1(1) based on the permanent revocation of his driver's license by the state of Florida?
12-08-09 No. 43 Monmouth Meadows Homeowners Association, Inc. v. Tiffany Hamilton
Issues - Attorneys Fees - (1) whether the District Court of MD abused its discretion when it awarded attorney's fees based upon a percentage of the principal sought, a practice that it consistently employs in each and every case coming before it? (2) whether the District Court of Maryland abused its discretion when it refused to consider any attorney's fees incurred by petitioner when it created a lien against respondent's lot for non-payment of homeowners' association assessments? (3) whether the Circuit Court abused its discretion when it refused to award any attorney's fees incurred on the appeal of this matter, but determined that all of the attorney's fees requested in the District Court matter were fair and responsible and awarded such fees?
12-08-09 No. 44 Montpelier Homeowners Association, Inc. v. Bode and Bonike Thomas-Ojo
Issues - Attorneys Fees - (1) whether the District Court of MD abused its discretion when it awarded attorney's fees based upon a percentage of the principal sought, a practice that it has begun to employ in many collections cases coming before it? (2) whether the District Court of MD abused its discretion when it refused to consider any attorney's fees incurred by petition when it created a lien against respondents' lot for non-payment of homeowners' association assessments? (3) whether the Circuit Court abused its discretion when it increased the attorney's fees award given in the District Court to a flat $300.00 with no explanation of what such fee award was for, but refused to award any attorney's fees incurred on the appeal of this matter to that court?
12-08-09 No. 45 Constant Friendship Homeowners Association, Inc. v. Kevin Tillery
Issues - Attorneys Fees - (1) whether the District Court of MD abused its discretion when it awarded attorney's fees based upon a percentage of the principal sought, a practice that it consistently employs in each an every case coming before it? (2) whether the District Court of MD abused its discretion when it refused to consider any attorney's fees incurred by petition when it created a lien against respondent's lot for non-payment of homeowners' association assessments? (3) whether the Circuit Court abused its discretion when it refused to award any attorney's fees incurred on the appeal on this matter, despite having determined that all of the attorney's fees requested in the District Court matter were fair and reasonable and awarding such fees?
12-07-09 No. 49 Sheila Boulden v. State of Maryland
Issue - Criminal Law - may a criminal defendant effectively waive his or her right to a trial by jury after the commencement of the trial?
12-07-09 No. 53 In Re: Breanna C. and Robert C., Jr.
Issue - Family Law - is a parent granted "visitation" with his when he is merely allowed to have "written or telephonic correspondence" with that child?
12-07-09 No. 47 Clarence Henry v. State of Maryland Edward Dove, Jr.
Issues - Criminal Law - (1) does the doctrine of transferred intent apply where both the intended victim and an unintended victim are killed? (2) did the trial court err in refusing to instruct the jury on the lesser included offense of involuntary manslaughter as to the unintended victim where the court instructed the jury on second degree depraved heart murder?
12-07-09 No. 40 Motor Vehicle Administration v. John Edward Doce, Jr.
Issue - Administrative Law - was the administrative judge correct to find that a motorcyclist, who refused to take an alcohol concentration test when he was at a hospital emergency room, immobilized on a cervical backboard, and suffering from a broken wrist, should have his driver's license suspended due to that refusal where the motorcyclist asserted that his refusal of the requested test was justified by his fear of needles, his preference for a breath test, and by a later administration of an alcohol content test by hospital staff?
12-04-09 No. 51 James Thomas v. State Retirement and Pension System of Maryland
Issue - whether a police department can deny an employee a special disability retirement when the employee's disability did not arise from the employee's misconduct, but rather the actions taken by the department following the misconduct?
12-04-09 No. 48 State of Maryland v. Maurice Davis
Criminal Law - Issue - did the lower court mistakenly hold that Rule 4-215(e) was triggered when respondent never made a present request to discharge counsel?
12-04-09 No. 41 In Re: Adoption/Guardianship of Alonza D., Jr. and Shaydon S.
Issue - Family Law - whether petitioner's sons were involuntarily taken from his custody and, over his objections, were kept in the custody of a third party for six years, was it error for the lower court to find that this period of separation between father and sons, and the commensurate bonding between the children and the foster mother, was an exceptional circumstance sufficient to overcome the presumption that it is in the best interests of the children to preserve petitioner's inherent rights as a natural parent to the care, custody and control of his sons?
12-04-09 No. 38 Seyed Mehran Mirjafari, et al. v. Edward S. Cohn, et al.
Issues - Real Property - Foreclosure - (1) whether the time of determining bona fide purchaser status is to be determined at the time of the successful bid at a foreclosure sale or at the time the foreclosure purchase price is paid? (2) whether a foreclosure purchaser who does not settle on his purchase until fourteen months after the foreclosure sale, long after
an appeal has been noted and long after the date required by the terms of sale, and by the time of settlement has notice of the defects in the sale, is a bona fide purchaser?
12-03-09 Bar Admissions  
12-03-09 No. 52 (2008 T.) Kenneth Martin Stachowski, Jr. v. State of Maryland
Issue - Criminal Law - where a conviction is entered by a guilty plea and sentence is imposed and suspended in favor of probation, may a trial judge as one of the conditions of probation, order the defendant pay restitution arising from an unrelated case?
12-03-09 No. 16 (2008 T.) Wayne Stockstill v. State of Maryland
Issue - Criminal Law - whether the trial court's judgment revoking appellant's probation should be vacated and probation reinstated because the revocation was based on evidence admitted in violation of Maryland Psychiatrist- Patient Privilege Statute?
12-03-09 No. 96 120 West Fayette Street, LLLP v. Mayor and City Council of Baltimore City, Baltimore Development Corp. and Lexington Square Partnership, LLC
Issues - (1) in granting summary judgment did the lower court err by refusing to resolve all facts and inferences against movant respondents and by recognizing only the "facts" presented by respondents? (2) whether the lower court improperly denied on ripeness grounds a declaration of rights on the overriding control of the 2001 memorandum of agreement between the city of Baltimore and the state of MD on superblock revitalization and height restrictions on new construction in any westside revitalization? (3) was the challenged land disposition agreement more than a "mere sale of land," in derogation of the city charter requirements for competitive bidding and ultra vires because ceremonial approval for the LDA was all that remained for the board of estimate in violation of the city charter and the express powers doctrine?
12-03-09 No. 37 Harriette Julian v. Joseph Buonassissi, et al.
Issues - Real Property - Foreclosure - (1) did the lower court err in determining that an express violation of a broad remedial statute rendered the underlying transaction merely void able and not void ad initio? (2) if, in the alternative, the transaction is void able, did the lower courts err in failing to hold that the petitioner adduced sufficient evidence that the respondents were on notice of the foreclosure consulting contract and thereby shift the burden to the respondents to prove bona fides? (3) whether the trial court abused its discretion in requiring as a condition of the continued prosecution of an appeal, that such party post a bond commensurate with the undisputed amounts they received?
12-03-09 No. 46 Monica Allen, Individually, etc., et al. v. Jay Dackman
Issue - Commercial Law - Summary Judgment - was the lower court incorrect in affirming summary judgment in favor of respondent because he did not own, hold or control title to the property at issue in this case?
November 2009 Schedule
Date Docket # Title
11-10-09 Misc. AG No. 18 Attorney Grievance Commission v. Richard J. Haas
11-10-09 Misc. 1 Sylvester Proctor v. Washington Metropolitan Area Transit Authority
11-10-09 No. 33 Betty A. Appiah, et al. v. Bruce Edward Hall, et al.
Issues - Summary Judgment - (1) whether the trial court improperly granted and lower court erroneously affirmed summary judgment despite disputed issues of material facts in derogation of proper conceptualization, interpretation and application of the summary judgment rule (2) whether the award of summary judgment rests on an errant interpretation of the "right to control" required for liability under restatement (second) of torts, section 414?
11-10-09 No. 29 Miller and Smith at Quercus, L.L.C., et al. v. Casey PMN, LLC
Issues - Commercial Law - (1) does the term "sales proceeds payable" as used in a private contract incorporating MD. Code Ann. Comm. Law, Section 9-102(A)(65) include tax deductions for which the seller might be eligible? (2) may a party, through a voluntary dismissal without prejudice, cause a non-final judgment to become final? (3) may an appellate court construe an ambiguous contract as a matter of law without giving the parties an opportunity to present extrinsic evidence?
11-10-09 No. 26 Alphonso Garner v. State of Maryland
Issues - Criminal Law - (1) did the lower court, purporting to rein in the "expansionist tide that produced" this court's decisions in Stoddard and Bernadyn, err in holding that an out-of court statement by a non-testifying, unnamed caller to petitioner's cell phone in which the caller said, "can I get a 40," was not hearsay? (2) are the Rule 4-215(e) requirements
that apply where the trial court permits a defendant to discharge counsel, applicable where counsel was not actually discharged but instead conducted all aspects of the trial?
11-09-09 No. 23 Joseph M. Della Ratta, et al. v. Edward J. Dyas, Jr.
Issues - Corporations & Associations - (1) did the trial court have the subject matter jurisdiction to dissolve bay view condominiums, llc and judicially supervise the winding up of spa motel general partnership? (2) did the trial court err by refusing to allow petitioner the opportunity to introduce proffered exhibit L26 into the record before the court appointed auditor during the accounting phase of the case and did the lower court err by affirming that decision?
11-09-09 No. 27 Charles F. Moore, Jr. v. State of Maryland
Issue - Criminal Law - whether as this court held in Bowie v. State is it mandatory upon timely request by a criminal defendant that a trial court ask potential jurors on voir dire whether they would tend to view the testimony of witnesses called by the defense with more skepticism than that of witnesses called by the state, merely because they were called by the defense?
11-09-09 No. 32 Lisa Whittaker v. Terrance Dixon
Issues - Constitutional Law - (1) whether the lower courts erred in upholding that the trial court judgment was issued without a jurisdictional basis and in violation of petitioner's rights pursuant to the Federal Servicemember's Civil Relief Act (SCRA)? (2) whether the lower courts erred in finding that the trial court did not abuse its discretion in declining to take further action to protect petitioner's rights in restoring the status quo ante and not returning the minor child to petitioner? (3) whether the lower courts erred in finding that petitioner was served with notice of collateral pleadings in the trial court proceeding?
11-09-09 No. 34 Emma Elder v. Cherry Elder Smith, Personal Representative of the Estate of Colonel Percy Elder, Sr.
Issues - Estates and Trusts - (1) whether the enforcement of a lien of a recorded judgment against the real estate of a deceased judgment debtor is exempt from administration by an orphans' court or whether that real property becomes property subject to administration of the orphans court because the lien was obtained by judgments recorded after the decedent's death? (2) whether the lower courts erroneously declared an exception from three statutes, absolute in their terms, which exempt from administration by the orphans' court the proceeds from sale of real estate upon which a judgment lien has been obtained?
11-06-09 No. 30 Tony Williams v. State of Maryland
Issues - Criminal Law - (1) did the trial court err in admitting a videotape of prior testimony of the state's key witness who died before petitioner's second trial, where the prosecution had withheld evidence that the key witness was "legally blind" thereby denying petitioner a fair opportunity to cross examine the witness in violation of the confrontation clause? (2) did the trial court err when it refused to dismiss petitioner's indictment with prejudice due to prosecution's Brady and Due Process clause violations?
11-06-09 No. 39 Curtis O. Rosemann v. Salsbury, Clements, Bekman, Marder and Adkins, LLC
Issue - Summary Judgment - did the trial court err in granting the garnishee's motion for summary judgment and denying the judgment creditor's motion for summary judgment on the ground that courts article, Section 11-504(B)(2) provides an exemption from execution for money payable in the event of sickness, accident or injury, even though Maryland and Federal public policy favor excepting a judgment for child support from the exemption statues?
11-06-09 No. 31 St. Paul Travelers v. Robert Millstone as Trustee of Montgomery Scrap Corporation Profit Sharing Plan
Issues - Insurance - (1) does the legal action clause in the Maryland changes endorsement to an insurance policy inquiring that legal action against the insurer involving loss be brought within 3 years from the date the insured discovers the loss (a) violate Section 12-104 of the insurance article? and (b) establish the insured's discovery of loss as the agreed accrual date for commencement of the 3-year limitation period? (2) does the requirement in the legal action clause in the Maryland changes endorsement to an insurance policy providing that the insured may not bring suit against the insurer until 90 days after the insured has filed proof of loss with the insurer, operate to impermissibly shorten the 3-year period of limitations in violation of Section 12-104 of the insurance article?
11-06-09 No. 24 Ruffin Hotel Corporation of Maryland, Inc. v. Kathleen Gasper
Issues - Labor and Employment - Workers' Compensation - (1) in retaliatory discharge claims should juries be instructed that plaintiff must prove that retaliation was a "determining factor," as opposed to a "motivating factor," in her termination? (2) is a negligent hiring and retention claim based upon alleged sexual harassment and subsequent allegedly retaliatory discharge preempted by MD Anti- Discrimination statutes? (3) does MD Workers' Compensation Act preempt a negligent hiring and retention claim brought by an employee against her employer?
11-05-09 Bar Admissions  
11-05-09 AG 41 (2008T) Attorney Grievance Commission of Maryland v. Charles Owusu Kwarteng
11-05-09 No. 36 Richard White v. State of Maryland
Issues - Negligence - Fireman's Rule - (1) whether the lower court's decision is inconsistent with the public policy foundation underlying the fireman's rule and the exceptions to the rule and creates conflict in the law which inequitably penalizes emergency police responders under the guise of the fireman's rule by creating an absolute bar to their recovery for injuries occurring while on duty? (2) whether specific enumeration of a "special duty" exception to the fireman's rule is warranted?
11-05-09 No. 28 Stephen W. Schultz, Personal Representative of the Estate of Melvin Ray Schultz v. Bank of America, National Association
Issues - Estates and Trusts - (1) is an expert opinion necessary to establish the standard of care for a bank when adding a customer to an account? (2) does this case overrule prior precedents of this court and lower court as to necessity of expert opinion testimony as establishing the standard of care for banks and other industries? (3) does the implied duty of ordinary care implicit in a depositor-bank contractual relationship require proof of any evidence beyond this implied duty?
11-05-09 No. 22 Robert L. Thomas v. State of Maryland
Issues - Criminal Law - (1) did the trial court err in instructing jury that it is not a defense to the crime of bribery that the public employee did not have the actual authority, power or ability to perform the act for which payment was demanded or received? (2) did the trial court err by allowing a witness for the state to testify to his opinion regarding petitioner's role in the alleged bribery scheme?
11-05-09 No. 78 Norman A. Lockshin, P.A., et al. v. Barbara S. Semsker et al.
Issues - Statutory - Medical Malpractice - (1) whether the lower court erred in holding that the cap on non-economic damages in CJP Section 3-2a-09 does not apply to health care malpractice claims in which arbitration has been waived? (2) whether the lower court erred in holding that, if the cap does apply to claims in which arbitration has been waived, the court should apply a pro rata joint tortfeasor reduction prior to applying the limitation on non-economic damages? (3) whether the lower court erred in holding that CJP Section 3- 2a-09(d)(l) does not mandate a reduction of the verdict to exclude past medical expenses that were not, and will not be paid by or on behalf of the patient?
October 2009 Schedule
Date Docket # Title
10-06-09 AG 58 (2008 Term) Attorney Grievance Commission of Maryland v. Garrett Lamont Lee
10-06-09 No. 134 (2008 Term) Beulah Addison v. Lochearn Nursing Home, LLC d/b/a Future Care-Lochearn
Issue - Tort Law - Contract - did the lower court err in compelling arbitration of claims arising from a predatory real estate scam and sabotaged medicaid application?
10-06-09 No. 16 Omar Nathan McLennan v. State of Maryland
Issue - Criminal Law - did the trial court err in refusing to allow defense witnesses to testify on petitioner's behalf?
10-06-09 No. 18 Rungrudee Nonceeya v. Lone Star Steakhouse
Issues - Constitutional Law - Summary Judgment - (1) when a civil litigant requires a foreign language translator in a civil proceeding before the court and a written request is made and approved by the court, is the litigant also entitled to a translator when being deposed by oral deposition? (2) when a civil litigant makes a request to have a foreign language translator either in court or at an oral deposition, what are the requirements for determining when a litigant has waived such a request for a foreign language translator?
10-05-09 AG 32 (2008 Term) Attorney Grievance Commission of Maryland v. George Simon Jarosinski
10-05-09 No. 20 Hayward T. Henderson v. State of Maryland
Issue - Criminal Law - did the lower court correctly conclude that the motions court did not err in denying petitioner's motion to suppress evidence of crack cocaine recovered from his person?
10-05-09 No. 19 The Maryland-National Capital Park and Planning Commission, et al. v. Greater Baden-Aquaso Citizens Association, et al.
Issues - (1) does the lower court's decision improperly usurp the county council's legislative function by imposing an interpretation of the general plan that the council expressly did not intend? (2) would the lower court's decision unduly subject the commission to innumerable baseless lawsuits and effect a de facto moratorium on development in the county's rural tier?
10-05-09 No. 21 State of Maryland v. Andre Lynn Prue
Issues - Criminal Law - (1) did respondent fail to preserve his claim that the docket entries were incorrect? (2) did the lower court incorrectly hold that the trial court failed to render a verdict as to counts three through eight of the indictment, and thereby acquitted respondent of those counts? (3) did the lower court incorrectly hold that it could not consider remarks made by the trial judge before the verdict to determine the trial judge's intent in rendering his verdict?
10-02-09 AG 28 Attorney Grievance Commission of Maryland v. (2008 T.) Adekunle B. Olujobi (Awojobi)
10-02-09 No. 13 Tracy Wendell Adams v. State of Maryland
Issue - Criminal Law - did the trial judge err in refusing to permit the jury to review the tape of alleged drug transaction which had been admitted into evidence?
10-02-09 No. 15 Shirley L. Suder v. Whiteford, Taylor & Preston, LLP, et al.
Issues - Legal Malpractice - Estates and Trusts - (1) can defendant in a legal malpractice case rely on an affirmative or mandatory defense that was conclusively waived by the party-opponent in the underlying case? (2) does the "case- within-a-case" methodology permit a court to speculate about what might have happened in the absence of a lawyer's negligence? (3) did the lower court err in reversing trial court's determination that respondent's negligence was the proximate cause of petitioner's damages?
10-01-09 Bar Admission  
10-01-09 AG 24 Attorney Grievance Commission of Maryland v. (2008 T.) Richard Nelson Foltz, III
10-01-09 No. 11 Gary Agurs v. State of Maryland
Issue - Criminal Law - whether the lower court misconstrued Patterson v. State, 401 MD. 76 (2007), and erred in finding good faith where the search warrant was based on an affidavit that was so lacking in probable cause as to render official belief in its existence entirely unreasonable?
10-01-09 No. 12 Arnold Houghton v. Cheryl Forrest
Issues - Constitutional Law - Torts - (1) can public official be protected by qualified immunity from liability for (a) a non- negligent discretionary act done in the furtherance of official duties (b) an intentional act that arises from and is the direct result of negligence? (2) did the lower court overstep its authority when it acted as the fact finder in determining the intentions of petitioner and determining which inferences to accept in concluding that plaintiff failed to prove malice?
10-01-09 No. 14 State of Maryland v. Isa Manuel Santiago
Issue - Criminal Law - did the lower court err in holding that a criminal defendant cannot waive his complaint about the failure to poll or hearken the jury?
10-01-09 No. 17 Isaac E. Dallas v. State of Maryland
Issue - Criminal Law - did the trial court err in refusing to rule on the admissibility of prior convictions under MD. Rule 5-609 until after appellant completed his direct testimony before the jury?
September 2009 Schedule
Date Docket # Title
9-10-09 No. 128 (2008 Term)Lisa Meade v. Shangri-La Partnership and a Business t/a & d/b/a Children’s Manor Montessori School
Issues - Constitutional Law - (1) Should Maryland Courts restrictively interpret a county ordinance prohibiting discrimination on the basis of handicap in pari materia with the American with Disabilities Act in light of Sutton v. United Airlines, 527 U.S. 471 (1999) and Toyota Motor Mfg., KY., Inc. v. Williams, 534 U.S. 184 (2002) where Congress has declared that Sutton and Toyota Motor Mfg. are contrary to the original intent and meaning of the ADA and has legislatively overruled those decisions? (2) should Maryland courts construing remedial legislation prohibiting discrimination on the basis of disability or handicap reject the terms "substantially limits" and "major life activity" in the definition of disability under the ADA "need to be interpreted strictly to create a demanding standard for qualifying as disabled"?
9-10-09 No. 8 Nathan Shenker, et al. v. Laureate Education, Inc., et al.
Issues - Constitutional Law - Corporations and Associations (1) Did the lower court err in affirming the trial court's dismissal with prejudice? (2) Did the lower court err in holding that Ann. Code of MD, Corporations & Associations Article bars shareholders direct claims against directors for breaches of fiduciary duties and they do not owe duties to shareholders?
9-10-09 No. 2 Evelyn Susan Workman v. State of Maryland
Issue - Criminal Law - Whether the trial court properly exercised its inherent authority to dismiss criminal charges against petition where it was necessary to protect her Constitutional right to counsel and to a speedy trial?
9-10-09 No. 10 Robert Bailey v. State of Maryland
Issue - Criminal Law - Did the lower court properly hold that the officer had both reasonable suspicion to stop and probable cause to arrest petitioner for possession of CDS?
9-09-09 AG 21 (2008 Term) Attorney Grievance Commission of Maryland v. David Michael Robaton
9-09-09 AG 27 (2008 Term) Attorney Grievance Commission of Maryland v. Charles Stephen Rand
9-09-09 No. 7 Judith and Albert Schuele v. Case Handyman and Remodeling Services, LLC and Case Design/Remodeling, Inc.
Issues - Statutory - (1) did the lower court err in adopting federal law as controlling on the issue of whether equitable estoppel could be invoked by a non-party to a contract in order to enforce an arbitration provision, rather than applying state law to determine the provision's enforceability? (2) did the lower court err in holding that petitioners were equitably estopped from avoiding contractual arbitration with a non-party where the non- party disavows any cognizable connection to the contract at issue, and where the agreement does not manifest any intent or agreement to arbitrate the legal or factual issues related to respondents' own wrongdoing?
9-09-09 No. 9 Office of the Public Defender, et al. v. State of Maryland, et al.
Issue - Criminal Law - (1) did the trial court err in ordering public defender staff attorney/s to represent a criminal defendant in a criminal case after the public defender declined to provide representation in the case? (2) did the trial court err in finding petitioner in contempt?
9-03-09 AG 20 (2008 Term) Attorney Grievance Commission of Maryland v. Mina Bahgat
9-03-09 No. 5 State of Maryland v. Kevin George Digennaro
Issue - Criminal Law - is the term "operating" contained in Section 2-209 of the criminal law article, different from the terms "driving" and "controlling" and, if so, does the term "operating" encompass the failure of a driver of a vehicle to perform duties that the driver is legally obligated to perform as a result of his driving the vehicle?
9-03-09 No. 4 Earlene Burnside, et ux. v. Randall V. Wong, et al.
Issues - Medical Negligence - Venue - may a defendant's contacts with a MD county at the time of his alleged negligence be considered in trial court's venue analysis, pursuant to MD Code Ann., Cts. & Jud. Proc. Section 6-201(a)? (2) are a defendant physician's active medical privileges and academic appointments at various hospitals and medical schools located within a MD county sufficient contact with that jurisdiction to subject the defendant to venue in that county, pursuant to MD. Code Ann. Cts. & Jud. Proc. Section 6- 201(a)? (3) does a plaintiff's medical injury occur in the county where a plaintiff suffers harm resulting from the negligent act of the defendant for the imposition of venue in that county, pursuant to MD. Code Ann., Cts. & Jud. Proc. Section 6-202(8)?
9-03-09 No. 6 Edwin Wright v. State of Maryland
Issue - Criminal Law - did the lower court correctly conclude that the trial court properly exercised its discretion in its voir dire procedure?
9-02-09 Bar Admissions  
9-02-09 AG 67 (2007 Term) Attorney Grievance Commission of Maryland v. Brian Grayson West
9-02-09 No. 115 (2008 Term) C. Phillip Johnson Full Gospel Ministries, Inc. v. Investors Financial Services, LLC
Issue - Contract Law - is a contract under seal, which recites the consideration upon which it is to be supported valid, even though the consideration is not given?
9-02-09 No. 1 Richard C. Smith v. State of Maryland
Issues - Criminal Law - (1) did the lower court err in directing the trial court to enter a guilty verdict on misdemeanor theft where the state did not pursue such a conviction at trial? (2) is the misdemeanor theft conviction ordered by the lower court impermissibly inconsistent with trial court's acquittal on the first degree assault charge?
9-02-09 No. 3 Lydia Friedman, et al. v. Jerome B. Hannan
Issues - Estates and Trusts - (1) did the trial court err in deciding the bequests to petitioners were conditioned on decedent being married to his ex-wife at the time of his death despite the fact there was no such condition set forth in the will? (2) did the trial court err in deciding the bequests to petitioners were class gifts not individual gifts despite the fact the beneficiaries were individually named in the will?