Court of Appeals Webcast Archive 2010 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

 
June 2011 Schedule
Date Docket # Title
06-07-11 Misc. 20 Zvi Guttman, Trustee, et al. v. Wells Fargo Bank, N.A., et al.
06-07-11 No. 136 Antajuan Lawntee Wilson v. State of Maryland
Issues - Criminal Law - (1) did the lower courts err in modifying and/or rejecting the “some evidence” standard established by this court in Dykes by holding that the “some evidence” requirement is not satisfied by evidence which the lower courts deem unworthy of belief? (2) did the trial court err by refusing to instruct the jury on the mitigation defenses of hot blooded response to adequate provocation & imperfect self defense?
06-07-11 No. 144 Roger Mandel Greenberg v. State of Maryland
Issue - Criminal Law - did the trial court commit prejudicial error in admitting the testimony of appellant’s former civil attorney in violation of the attorney-client privilege when it erroneously held that appellant categorically waived attorney-client privilege at trial by testifying in an earlier annulment proceeding about communications with his attorney & by failing to object to the attorney’s testimony at the same proceeding?
06-06-11 No. 140 Charles Muskin, Trustee, Trust Created Under the Last Will and Testament of Israel Braverman v. State Department of Assessments and Taxation
Issues - Real Property - (1) does the Ground Rent Registry Statute, Chpt. 290 of the laws of 2007, Real Property Art. Secs. 8-701 et. Seq. violate the Federal or State Constitutions or MD Declaration of Rights by extinguishing vested property & contract rights, by transferring property & contract rights to a third person without compensation, by violating the contracts clause, by violating due process & equal protection rights or by being arbitrary? (2) did the lower court err in granting summary judgment when petitioner alleged facts supporting its claim that the ground rent registry statute process is so unreasonably harsh & costly that it deprives the trusts in particular, & ground rent owners in general of the value of their property?
06-06-11 Nos. 146 and
No. 147		 Ellis Richard Douglas, Jr. v. State of Maryland and
Lamont Curtis v. State of Maryland
Issues - Criminal Law - (1) is an order denying a petition for writ of actual innocence without a hearing an automatically appealable order? (2) did trial judge erroneously deny appellant’s petition for writ of actual innocence without a hearing in violation of Sec. 8-301 of the Crim. Proc. Title of the MD. Code?
06-06-11 No. 143 Consolidated Waste Industries, Inc. v. Standard Equipment Company
Issues - Torts - (1) whether the trial court abused its discretion in granting the appellee’s motion in limine to exclude evidence of subsequent repairs? (2) whether the trial court abused its discretion in granting appellee’s requested verdict sheet (questions 5 & 6)?
06-06-11 No. 139 Patuxent Riverkeeper v. Maryland Department of the Environment, et al.
Issue - Statutory Law - Environment - did the trial court err when it interpreted the federal test for standing & held that the petitioner lacked standing to challenge the issuance of a MD non-tidal wetlands & waterways permit authorizing permanent & temporary impacts to non-tidal wetlands & streams where one of the petitioner’s members alleged that the permit would result in future & threatened harm to his recreational, aesthetic & economic interests in the western branch watershed & tributary?
06-02-11 No. 104 Douglas Scott Arey v. State of Maryland
06-02-11 No. 145 Tydings & Rosenberg LLP v. John Zorzit, et al.
Issue - Family Law - should the appellant have been permitted to intervene, file & pursue its complaint of intervenor against the defendant in a divorce action to recover counsel fees in accordance with Secs. 7-107(f) et al. of the Family Law Art., MD Code?
06-02-11 No. 137 Shawn Johnson v. State of Maryland
Issues - Criminal Law - (1) is a juror’s impermissible extra-judicial investigation that exposes the jury to information never entered into evidence presumptively prejudicial to a criminal defendant’s right to a fair & impartial jury trial? (2) did the ruling below circumvent prior precedent in holding that a curative instruction alone is sufficient to support a trial court’s denial of a motion for new trial based on established juror misconduct?
06-02-11 No. 138 Leslie Rush v. Department of Labor, Licensing and Regulation, et al.
Issue - Administrative Law - did the real estate commission’s decision to dismiss petitioner’s claim against the guaranty fund & the lower court’s concurrence with that decision constitute erroneous legal conclusions as to the sufficiency of her claim?
06-01-11 Bar Admissions  
06-01-11 No. 124 Kenneth E. Barnes v. State of Maryland
Issue - Criminal Law - was it illegal to retroactively impose sex offender registration under MD’s 1997 Sex Offender Registration Act on petitioner where his alleged offense was committed before July 1, 1997, and he was not previously subject to the requirements of the old 1995 Sex Offender Registration Act?
06-01-11 No. 133 Mary Thomas v. Panco Management of Maryland, LLC, et al.
Issue - Torts - Negligence - whether the lower court erred when it affirmed the judgment of the trial court concluding that the petitioner knowingly & voluntarily assumed the risk of slipping on “black ice” when she left her apartment to pick up her granddaughter from a meeting at her church?
06-01-11 No. 134 Jeffrey Breslin, et al. v. Ronald L. Powell, et al.
Issues - Statutory - Health Care Malpractice Claims Act - (1) whether a party should be permitted to undermine legislative intent & arbitrate in bad faith by prosecuting a medical malpractice suit that is founded upon a facially valid certificate signed by an expert who does not satisfy the qualifications set forth in MD Code Ann., Cts. & Jud. Pro. Sec. 3-2a.02? (2) whether summary judgment should have been affirmed by the lower court given that the trial court’s ruling was founded on the plain language of the statute & the Maryland Rules?
06-01-11 No. 135 Deltavia Cure v. State of Maryland
Issues - Criminal Law - (1) when trial court ruled prior to jury selection that the state could impeach petition with his prior conviction for first-degree arson, did petitioner waive his right to complain on appeal about the court’s ruling by testifying about the conviction during his direct examination? (2) did the trial court abuse its discretion when it ruled that the state could impeach petitioner with his prior conviction for first-degree arson?
May 2011 Schedule
Date Docket # Title
05-10-11 Misc. 15 Ford Motor Credit Company LLC v. Maureen P. Roberson
05-10-11 No. 120 Montgomery County, Maryland v. Kenneth Deibler
Issue - Labor & Employment - did the trial court erroneously interpret the Workers’ Compensation Statute to permit the inclusion of discretionary overtime hours as part of the claimant’s “wage earning capacity”?
05-10-11 No. 125 Ronald Cox v. State of Maryland
Issues - Criminal Law - (1) did the lower court properly determine that admitting petitioner’s non-testimonial admission did not violate the Supreme Court’s holding in Crawford v. Washington, 541 u.s. 36 (2004)? (2) did the lower court properly uphold the denial of petitioner’s motion to suppress? (3) was the evidence sufficient to sustain petitioner’s convictions?
05-10-11 No. 131 Maryland Transportation Authority v. Maryland Transportation Authority Police Lodge #34 of the Fraternal Order of Police
Issues - Statutory - (1) did the lower court err by holding that a one-page memorandum with indefinite terms constitutes an enforceable contract where the sole consideration offered for the creation & maintenance of a state program was a promise to secure the defeat of pending legislation by exercising influence over legislators? (2) did the lower court err in holding that the “contract” it construed to require a state agency to expend $9.8 million to procure, maintain & replace take-home patrol vehicles is nevertheless exempt from state procurement laws including the requirement to exhaust administrative remedies before the MSBCA?
05-09-11 No. 123 John L. Boland, et al. v. Sean F.X. Boland, et al.
Issues - Corporations & Associations - (1) are circuit courts powerless to consider important issues of public policy, corporate governance, fiduciary responsibilities of corporate directors & the rights of minority shareholders, which may be at issue in a derivative action, if a corporate litigation committee determines that continuance of the litigation & resolution of those issues would not be in the best interest of the corporation as a business entity? (2) may a trial court properly find that a litigation committee’s review of a self-dealing transaction was reasonable & dismiss derivative litigation based upon that review if the committee concededly applied a lessor standard of review to the challenged transaction? (3) may the trial court properly grant summary judgment against the minority shareholders on their oppression claims based upon asserted factual findings of a corporation litigation committee?
05-09-11 No. 129 John L. Boland, et al. v. Boland Trane Associates, Inc., et al.
Issues - Corporations & Associations - Summary Judgment - (1) does the summary judgment constitute a judgment on the merits that bars the assertion of individual, non-derivative claims arising out of the same facts as res judicata? (2) did the trial court err in granting summary judgment in favor of the corporations on their complaint for declaratory judgment where it did so by resolving disputed facts & failing to consider defenses because it found them to be barred as res judicata?
05-09-11 No. 107 Dedrick Tyrone Wilkerson v. State of Maryland
Issues - Criminal Law - (1) whether trial court erred by not suppressing all of petitioner’s statements because police used a prohibited form of the “two-step” technique to circumvent Miranda? (2) whether the deliberateness inquiry under Missouri v. Seibert, 542 u.s. 600 (2004) requires only that police admit their deliberate use of the prohibited “two-step” interrogation technique? (3) whether Missouri v. Seibert applies to both exculpatory & inculpatory statements? (4) whether trial court erred by failing to suppress petitioner’s statements to police because he neither knowingly nor voluntarily waived his miranda rights? (5) did petitioner fail to preserve his claim that police officers deliberately used the two-step “question first” interrogation method prohibited by Missouri v. Seibert?
05-09-11 No. 128 Dumbarton Improvement Association, Inc., et al. v. Druid Ridge Cemetery Company, et al.
Issues - Real Property - (1) is a restrictive covenant in a deed that requires that cemetery property be “maintained & operated as a cemetery” unambiguous & enforceable as written? (2) is an otherwise unambiguous restrictive covenant rendered ambiguous because of a perceived lack of clarity in the extent to which the covenant should be enforced? (3) is a party who seeks to avoid enforcement of a restrictive covenant required to demonstrate not only that a radical or dramatic change in circumstances has occurred since the covenant was first imposed but also that the purpose of the covenant would no longer be served by its enforcement? (4) is a change in circumstances sufficient to avoid enforcement of a restrictive covenant when the uncontroverted evidence demonstrates that those changes were already occurring & anticipated to continue at the time the covenant was first imposed? (5) are principles of macro-economics & concern for achieving the most productive & beneficial use of property relevant considerations when determining the enforceability of a restrictive covenant? (6) can a self-created change in circumstances be sufficient to avoid enforcement of a restrictive covenant?
05-05-11 AG 18 Attorney Grievance Commission of Maryland v. Michael Robert Carithers, Jr.
05-05-11 No. 122 Douglas Wietzke, et ux. v. The Chesapeake Conference Association, et al.
Issues - Real Property - (1) do MD Pattern Jury Instructions 20:1 & 20:2 conflict with the MD Law of Strict Liability nuisance established by this court? (2) were the petitioners improperly denied a jury instruction: (a) which reflected the strict liability law of nuisance in MD when the instructions given by the court completely failed to address strict liability; (b) reflecting MD law that county approval does not absolve a defendant of nuisance liability; and (c) reflecting MD law that a defendant is not absolved of nuisance liability merely because other sources may have contributed to the nuisance? (3) did the court err in dismissing the negligent county when the evidence established that the defendants violated, and were given notices of violations, of Montgomery County code ordinances as a result of the flooding of the petitioners’ property?
05-05-11 No. 106 Terry Shawn Stevenson v. State of Maryland
Issues - Criminal Law - (1) conspiracy to commit attempted armed robbery, a doubly inchoate crime, a cognizable offense? (2) did the lower court err in addressing the merits of a waived claim regarding the legitimacy of a conviction for conspiracy to commit a crime
05-05-11 No. 127 Ariel Rosita King v. Michael Herbert Pfeiffer
Issues - Statutory Law - (1) was it an abuse of discretion & a violation of due process & equal protection for a temporary protection order (TPO) issued by one trial judge to be “quashed” by another “duty” trial judge in an unscheduled ex parte hearing? (2) was it an abuse of discretion for the second (duty) trial judge to deny a motion to vacate his order quashing the TPO in light of the fraud, mistake & irregularities surrounding entry of that order? (3) was it error for the lower court to summarily deny a motion for reconsideration seeking to correct factual errors in its opinion below where documentation was presented that the opinion set forth erroneous facts that are not supported by any findings by the trial court and are clearly contradicted by the record in the trial court?
05-04-11 Bar Admissions  
05-04-11 AG 22 Attorney Grievance Commission of Maryland v. Roland Nathaniel Patterson, Jr.
05-04-11 No. 130 George Poole v. Coakley & Williams Construction, Inc., et al.
Issues - Torts - Summary Judgment - (1) whether the decisions of Allen v. Marriot Worldwide Corp et al. & Thomas v. Panco Management of Maryland as applied to the instant case which holds that the defense of the assumption of risk can be applied even when a plaintiff does not have actual knowledge of the risk or harm are erroneous as a matter of law? (2) whether allen impermissibly usurps the function of the trier of fact by allowing a court on summary judgment to decide a question of “reasonableness” when such a question must in all cases be decided by a jury or fact finder?
05-04-11 No. 126 Enrique Pizzaro Silva v. State of Maryland
Issue - Criminal Law - did the trial court err in refusing to instruct the jury that two key state’s witnesses were accomplices, where one witness admittedly knew of the perpetrators’ intent to “harm” & “disappear” the victims & admittedly acted as a “lookout” & the other witness admittedly waited in his car while the victims were murdered to enable a getaway?
05-04-11 No. 119 Tyrone Lawson v. Bowie State University
Issue - Personnel & Pension - whether the alj erred in failing to find that the employee made a protected disclosure under State Personnel & Pensions Section 5-305?
05-04-11 No. 57 Stalker Brothers, Inc., et al. v. Alcoa Concrete and Masonry, Inc.
Issues - Statutory - MD Home Improvement Law - (1) whether an unlicensed subcontractor’s claim for non-payment should be honored in a Maryland Court? (2) whether the lower court erred in failing to adhere to principles of stare decisis? (3) whether the lower court erred in interpreting the statute consistent with prior court
April 2011 Schedule
Date Docket # Title
04-12-11 No. 112 State of Maryland v. Perry Simms a/k/a Perry Sims
Issues - Criminal Law - (1) did the lower court err in determining that the trial court erred in admitting the alibi notice, where respondent’s defense at trial was a de facto alibi defense, respondent never withdrew his alibi notice, the alibi notice was redacted to eliminate all names but one, & recordings of jailhouse telephone conversations supported an inference that the alibi notice was willfully false as to one person because that person was in a different city at the time of the charged offenses? (2) did the lower court err in concluding that the alibi notice was not admissible, where an inference that the alibi notice was willfully false as to one person because that person was in a different city at the time of the charged offenses was not the only possible inference based on the record in this case?
04-12-11 No. 115 Debra Parks v. Alpharma, Inc., et al.
Issues - Commercial Law - (1) was it error for trial court to grant the motion to dismiss this wrongful discharge action on the grounds that appellant failed to report appellee’s misconduct “outside the company?” (2) is appellant’s wrongful discharge action barred because of the existence of a putative “whistleblower” remedy under the federal false claims act?
04-12-11 No. 98 Donna Silver v. State of Maryland
Issues - Criminal Law - (1) did trial court have authority to order petitioner to pay restitution to Days End Farm Horse Rescue for costs related to counts that were nolle prosed? (2) does restitution order constitute an illegal sentence?
04-12-11 No. 99 Hilton Silver v. State of Maryland
Issues - Criminal Law - (1) where prosecutor failed to provide discovery of a written report prepared by state’s witness did trial court err in admitting testimony of that witness? (2) did trial court err in imposing criminal restitution for offenses which the petitioner was not convicted? (3) did trial court err in admitting photographs depicting alleged other offenses for which petitioner was not be prosecuted?
04-11-11 No. 105 Erik Stoddard v. State of Maryland
Issues - Criminal Law - (1) did trial court abridge petitioner’s right of due process & privilege against self-incrimination under the Federal & MD Constitutions & violate MD’s common law when it compelled petitioner to testify prior to completion of the defense case or to forfeit the right to testify? (2) did a series of trial court rulings admitting evidence of alleged misconduct by petitioner, for which he was not on trial, individually and collectively constitute error depriving petitioner of a fair trial?
04-11-11 No. 111 The Metropolitan Washington Orthopaedic Association, Chartered, et al. v. Christina L. Cervieri
Issue - Labor & Employment - as a matter of law, does a bona fide dispute exist between employee & employer when a jury awards an employer a judgment for monetary damages relating to the employee’s wage claim?
04-11-11 No. 103 James William Sweetney v. State of Maryland
Issues - Criminal Law - (1) did lower court err when it decided petitioner’s constitutional right of confrontation was not violated where trial court curtailed petitioner’s cross-examination of state’s detective regarding contents of a search warrant return that directly contradicted the detective’s direct testimony about recovering a key piece of evidence? (2) did lower court err in failing to reverse petitioner’s conviction due to prosecutorial misconduct under a plain error analysis? (3) did petitioner fail to preserve his claim that limitation of cross-examination violated the federal or state confrontation clause where in making his specific objection to that limitation at trial, petitioner made no reference to the confrontation clause or right of confrontation or any constitutional right?
04-11-11 No. 109 Raymond Charles Lupfer v. State of Maryland
Issue - Criminal Law - did trial court err when it permitted the state to introduce evidence that after being arrested, “Mirandized,” & informed of the charges against petitioner, he did not make a statement to police & ask to speak to an attorney?
04-08-11 No. 116 Maurice Carter v. Huntington Title & Escrow, LLC
Issues - Insurance - (1) whether the MD Insurance Code requires an exhaustion of administrative remedies before pursuing a claim for money had & received to recover title insurance premiums charged by title insurers that are in excess of the premium rates approved by the MD Insurance Commissioner? (2) whether a claim for money had & received to recover title insurance premiums charged by title insurers that were in excess of the premium rates approved by the MD Insurance Commissioner is a cause of action independent of the insurance code? (3) whether a false statement of the amount chargeable for title insurance on a HUD-1 settlement statement is an affirmative misrepresentation which can support a claim for negligent misrepresentation under MD Law?
04-08-11 No. 100 Mark E. Furda v. State of Maryland
Issues - Criminal Law - (1) was the question on MD’s application to purchase a firearm, “have you ever been ... committed to a mental institution?” sufficiently unambiguous to serve as a predicate for petitioner’s perjury & false statement conviction? (2) was evidence sufficient to support petitioner’s perjury & false statement convictions where the only evidence of “commitment” was a circuit court order deeming petitioner committed that was later held erroneous by lower court?
04-08-11 No. 114 Lee E. Stephens v. State of Maryland
Issue - Criminal Law - did the trial court err in denying appellant’s request for an evidentiary hearing to determine if appellant is eligible to be sentenced to death under the new MD Death Penalty Statute?
04-07-11

Bar Admissions

  
04-07-11 AG 24 Attorney Grievance Commission of Maryland v. Gregory Raymond Keiner
04-07-11 No. 110 Amardo Annier Atkins v. State of Maryland
Issue - Criminal Law - whether an instruction that the state need not use certain investigative & scientific techniques violated the Sixth & Fourteenth Amendments & MD Declaration of Rights by undermining the defense’s legitimate strategy & bolstering the state’s case?
04-07-11 No. 102 Milliman, Inc. v. Maryland State Retirement and Pension System, et al.
Issues - Statutory - (1) can an actuarial funding recommendation for a state pension system cause damages when it is undisputed that the funding recommendation resulted in contributions being received by the pension system that always met or exceeded statutory funding goals? (2) in determining measure of damages what is the legal relationship between State of MD and MD State Retirement & Pension System? (3) must a trier of fact consider only expert testimony or should factual evidence showing plaintiff contributed to the harm be considered & evaluated under a reasonable person standard? (4) did MD State Board of Contract Appeals (MSBCA) correctly assess damages & did trial court erroneously reduce MSBCA’s damage award by employing an incorrect standard of review & adopting a theory that departs from well-established principles of md law?
04-07-11 No. 113 Khiry Montay Moore v. State of Maryland
Issue - Criminal Law - did the suppression court properly conclude, given the totality of the circumstances surrounding petitioner’s interrogation, that petitioner’s statement to the police was voluntary?
04-07-11 No. 101 State of Maryland v. My Nguyen
Issue - Criminal Law - did lower court incorrectly hold that a court may not require a defendant to register as a sex offender upon finding that defendant violated conditions of his probation?
March 2011 Schedule
Date Docket # Title
03-08-11 No. 92 Waymon Anderson v. State of Maryland
Issue - Criminal Law - did the trial court err in admitting the report prepared by Dr. Stephen Boos, who was not present at the trial, and in allowing Dr. Evelyn Shukat to testify as to its contents, when such report had not been made for purposes of medical diagnosis or treatment?
03-08-11 No. 89  600 North Frederick Road, LLC v. Burlington Coat Factory of Maryland, LLC
Issues - Real Property - (1) whether a recorded written instrument requiring the signatures of a defined set of property owners to cancel or modify it can be modified by fewer than all based on all allegation that extrinsic evidence shows that the non-signing property owners are not adversely affected by the modification? (2) whether potentially perpetual restrictions on the use of land may be imposed under the rule of reasonably strict construction without applying the traditional rule of contract interpretation that every provision in a written instrument must be given meaning? (3) under the rule of reasonably strict construction, may a court imply restrictions on the use & development of land or must such restrictions be clearly stated in a document applicable to the property owner?
03-08-11 No. 94 Policarpio Espinoza Perez & Adan Canela v. State of Maryland
Issue - Criminal Law - did the lower court err in applying a weakened harmless error test to the admittedly erroneous non-disclosure to counsel of six substantive jury notes in this case?
03-07-11 AG 3 Attorney Grievance Commission of Maryland v. Jagjot Singh Khandpur
03-07-11 No. 84 Montgomery County, Maryland, et al. v. Edward Shropshire, et al.
Issues - (1) does the MD Public Information Act, MD. Code Ann. State Gov’t Sec. 10-616(i) require the custodian of records to deny the Mont. Co. Inspector General access to records of a police department internal investigation of whether the appellees violated department work rules? (2) are records of a police department internal investigation of the appellees protected from disclosure to Mont. Co. Inspector General under MD. Code Ann., State Gov’t Sec. 10-615 (l) as records made confidential by the law enforcement officers’ bill of rights, MD. Code Ann., Public Safety Sec. 3-104(n)?
03-07-11 No. 97 Tonya Walker v. Department of Housing and Community Development
Issues - Constitutional Law - (1) does MD Administrative Procedure Act govern hearings concerning terminations of rental assistance to participants in the housing choice voucher program administered by the department? (2) did the department comply with MD’s Administrative Procedure Act?
03-07-11 No. 95 James Doe v. Mary Roe
Issues - Statutory Law - (1) can MD. Code, Cts. & Jud. Proc. Sec. 5-117 be properly applied retroactively to permit a claim that arose before the effective date of Sec. 5-117 and which is barred by the prior statute of limitations? (2) does a retroactive application of MD. Code, Cts. & Jud. Proc. Sec. 5-117 impair petitioner’s vested right & thereby violate his right to due process under Art. 24 of the Declaration of Rights?
03-04-11 No. 85 Altadis U.S.A., Inc., et al. v. Prince George’s County, Maryland, et al.
Issues - Constitutional Law - (1) did the trial court err in concluding that the county law is a “local law” within the meaning of Art. XI-A & therefore constitutional, in view of the undisputed evidence of the substantial economic & other effects of the county law beyond the county & the fact that it addresses matters of significant interest beyond the county? (2) did the trial court err in concluding that the county law is not preempted by state law, in light of the provisions of 2010 MD. Laws, Ch. 388, & other laws & actions of the general assembly? (3) is Prince George’s County Ordinance CB-6-2009 which restricts packaging & pricing of cigars violate the equal protection component of Art. 24 of the Maryland Declaration of Rights? (4) is Prince George’s County Ordinance CB-6-2099 void for vagueness? (5) does Prince George’s County Ordinance CB-6-2009 violate due process under Art. 24 of the MD Declaration of Rights?
03-04-11 AG 15 Attorney Grievance Commission of Maryland v. Gary Francis Stern
03-04-11 No. 90 Andre Devon Arthur v. State of Maryland
Issues - Criminal Law - (1) is the evidence sufficient to sustain petitioner’s convictions for failure to obey a lawful order & resisting arrest where the record only shows that he used foul language after being told by a police officer to “lower his voice[,]...settle down”? (2) did the trial court err in failing to instruct the jury, upon request, that a person is privileged to resist an unlawful warrant less arrest? (3) did petitioner fail to preserve his challenge to the sufficiency of the evidence underlying his conviction? (4) did the trial court correctly conclude that an instruction on the right to resist an unlawful arrest was not generated by the evidence?
03-04-11 No. 93 Steven Hill, Terri Alston, Charles Yates & Jason Hernandez v. State of Maryland
Issue - Criminal Law - whether a conviction and/or sentence for second degree escape is legally invalid if it is predicated on the failure “to obey a court order to report to a place of confinement,” where that court order was legally invalid?
03-03-11

Bar Admissions

  
03-03-11 No. 88 Robert Lee Thomas v. State of Maryland
Issue - Criminal Law - did the trial court err in refusing to allow defense counsel to impeach the state’s “star witness” with a prior theft conviction or the underlying conduct because the conviction was based on a guilty plea where the witness was not represented by counsel & had not waived her right to counsel?
03-03-11 AG 40 (2009 T.) Attorney Grievance Commission of Maryland v. John Joseph Zodrow
03-03-11 No. 54 Olusegun Ogundipe v. State of Maryland
Issue - Criminal Law - whether there is a duty of the trial court to disclose a signed verdict sheet to a defendant or his counsel before the jury is discharged when that verdict sheet has been completed in violation of the trial court’s instructions?
03-03-11 No. 91 State of Maryland v. Helen L. Holton
Issues - Legislative Immunity - (1) did the lower court err in holding that the common law prohibits the use of evidence of legislative acts of a local official in a state criminal prosecution? (2) did the lower court err in holding that Sec. 5-301 of the Cts. & Jud. Proc. Art. provides legislative immunity to local officials in state criminal prosecutions other than prosecutions for defamation?
03-03-11 No. 87 Troy A. Jones, Jr. v. State of Maryland
Issues - Criminal Law - (1) is there a penalty provision applicable to a violation of Public Safety Art. Sec. 5-133(b)? (2) can a prior out-of-state conviction serve as the predicate conviction where the state has charged a defendant with possessing a regular firearm after having been convicted of “a violation classified as a felony in the state” in violation of Public Safety Art. Sec. 5-133(b)? (3) did the lower court err by only striking the no-parole condition & failing to vacate the sentence & remand case for a new sentencing?
February 2011 Schedule
Date Docket # Title
02-08-11 No. 70 Stephen P. Norman v. Scott C. Borison, et al.
Issues - Defamation - (1) did the lower court improperly rule that petitioner, as owner of a small, unique business, lacked standing to sue for defamation when the defamatory statements personally referred to petitioner? (2) did the lower court err in concluding that the absolute litigation privilege extends to the republication of incomplete judicial pleadings to the press and on the internet?
02-08-11 No. 81 State of Maryland v. Demetrius Daughtry
Issues - Criminal Law - (1) did Bradshaw v. Stumpf, 545 U.S. 175 (2007) eliminate the long-standing presumption set forth in Henderson v. Morgan, 426 U.S. 637 (1976) that “even without ...[an] express representation” by defense counsel that the nature of the offense to which a defendant enters a plea of guilty “has been explained to” the defendant “it may be appropriate to presume that in most cases defense counsel routinely explain the nature of the offense in sufficient detail to give the accused notice of the what he is being asked to admit”? (2) if the Henderson Presumption is no longer viable, should CSA opinions in Abrams be given retroactive application?
02-08-11 No. 80 Motor Vehicle Administration v. Ronald William Lipella
Issue - Transportation - did the trial court err when it found that under MD Code Ann. Transp. II, Sec. 16-205.1 the sworn statement of reasonable grounds by an officer must include a reason for conducting a stop of the driver’s vehicle?
02-07-11 No. 76 State of Maryland v. Jeffrey Edward Allen
Issues - Criminal Law - (1) were the affirmed findings of fact and law in respondent’s first trial entitled to evidentiary weight in his retrial on the remaining issue? (2) did the lower court err when it held that upon retrial evidence of respondent’s armed robbery conviction may be admissible as evidence of the felony murder charge if the trial court determines that the probative value of the prior conviction is not substantially outweighed by the risk of unfair prejudice?
02-07-11 No. 77 C&M Builders, LLC v. Kelly Lynn Strub
Issues - Labor & Employment - (1) did the lower court correctly hold that an employer owes a duty under MOSHA after the employer has left the work site & has no control over work site conditions to provide a safe workplace to someone not his employer? (2) did the lower court correctly hold that where a person is aware of an obvious risk of falling & voluntarily exposes himself to that risk & falls to his death that the inability to show how he fell makes assumption of the risk a question of fact for the jury?
02-07-11 No. 83 Cyrus Lee Beads and Joseph Omar Smith v. State of Maryland
Issues - Criminal Law - (1) did the lower court correctly uphold the trial court’s exercise of its discretion regarding the state’s remarks in closing argument? (2) did the lower court correctly find that any error in failing to advise the parties about jury note #1 or to expressly respond to note #1 was harmless beyond a reasonable doubt based on the court’s response to jury note #2? (3) did the lower court correctly uphold the trial court’s exercise of its discretion in denying the defense motion for a mistrial? (4) should this court reaffirm its holding that where one co-defendant objects to remarks in closing argument, but the other does not, the latter generally has not preserved the claim for appellate review?
02-07-11 No. 75 Ace American Insurance Company, et al. v. Steven L. Williams, et al.
*****
Steven L. Williams, et al. v. William C. Work, et al.
Issues - (1) whether the lower court erred in finding that there was no final judgment in Williams I because steven & michael were not joined in that case under Rule 15-1001? (2) whether the lower court erred in interpreting and applying walker in concluding there was no final judgment in Williams I? (3) whether the lower court erred in denying ace recovery of legal expenses incurred in williams ii where the filing of Williams I was in bad faith and without substantial justification, thereby condoning the conduct of the attorney who filed both cases?
02-04-11 No. 69 Darryl K. Harrod v. State of Maryland
Issues - Criminal Law - whether under Art. Sections 10-1001 to 10-1003 of the MD Courts & Judicial Proc. Art. the respondent may, without providing notice to the petitioner, admit a chemist report in a drug prosecution without the presence of the chemist unless the petitioner specifically requests the presence of the chemist prior to each trial? (2) whether, when an issue is decided by the trial court, the entire issue is subject to appellate review under MD. Rule 8-131(a) or just those bases expressly articulated in or by the trial court?
02-04-11 No. 78 Jerry P. Hansen v. City of Laurel, Maryland
Issues - Torts - whether the lower court erred as a matter of law in holding a city administrator is not a proper recipient or “corporate authority of the defendant local government” pursuant to CJ Section 5-304(c)(4)?
02-04-11 No. 74 Antoine Levar Griffin v. State of Maryland
Issues - Criminal Law - (1) what evidence is required to authenticate a printout from a social networking website? (2) did the lower court err in admitting what the state claimed was a printout from petitioner’s girlfriend’s myspace profile containing highly prejudicial content without properly authenticating the material as having been posted by petitioner’s girlfriend? (3) did the lower court err in finding that the prejudice to petitioner from the admission of the myspace page did not outweigh its probative value? (4) is petitioner’s challenge to the probative value of the evidence preserved for appellate review?
02-04-11 No. 79 Lamar Cornelius Harris v. State of Maryland
Issues - Criminal Law - should this court adopt the exception to the final judgment requirement for appealability recognized in Perlman v. United States, 247 U.S. 7, 38 S.Ct. 417 (1918) and if so, were the trial court’s interlocutory orders authorizing disclosure of treatment records & testimony by the treating physician that are allegedly protected by the patient-therapist privilege immediately appealable (1) under that doctrine? (2) under the collateral order doctrine?
02-03-11 Bar Admissions  
02-03-11 Misc. 9 In the Matter of the Application of John Aaron Hirsch for Admission to the Bar of Maryland
02-03-11 No. 73 Warren Lee Ballard v. State of Maryland
Issue - Criminal Law - whether petitioner’s statements made during his custodial interrogation after he invoked his right to counsel and right to remain silent should have been suppressed?
02-03-11 No. 60 Motor Vehicle Administration v. Donald Wade McMillan
Issue - Transportation - did the test technician’s certification show prima facie proof of a refusal of an alcohol concentration test, sanctioned under Transp. Article Section 16-205.1 when after agreeing to take a breath test, being provided an explanation of the breath test procedure and appearing in good health, the motorist “refused to blow into the intoximeter”?
02-03-11 No. 72 Leroy Evans, Jr. v. State of Maryland
Issue - Criminal Law - did the trial court err in sentencing petitioner for obliterating the serial number on a firearm where the legislature has not provided a penalty for that offense?
02-03-11 No. 71 Hovnanian Land Investment Group, et al. v. Annapolis Towne Centre at Parole, LLC
Issues - Real Property - (1) can waiver of a contract right be inferred from a party’s conduct where the contract contains an express “non-waiver” provision requiring any waiver to be in writing? (2) did the trial court err in finding that petition waived a contractual condition precedent where the contract contained a non-waiver provision, there was no signed waiver & there was no evidence that the parties agreed to waive the requirements of the non-waiver provision itself? (3) did the trial court err in finding that a condition precedent requiring the seller of real property to record a declaration that “shall provide annual assessments against the office and retail portions of the development” for the purpose of funding common area maintenance was strictly fulfilled by a declaration that did not provide any assessments but rather allowed the seller to enter into unrecorded contracts with “some or all parcel owners”?
January 2011 Schedule
Date Docket # Title
01-11-11 AG 22 (2009 Term) Attorney Grievance Commission of Maryland v. Norman Christopher Usiak
01-11-11 No. 62 Sherwood Brands, Inc., et al. v. Great American Insurance Company
Issues - Insurance - (1) whether the lower court erred by ruling that appellee was not required by Section 19-110 of the Insurance Code to show actual prejudice in order to deny coverage based on the appellants failure to comply with the notice condition of the 2007 Insurance Policy at issue? (2) whether the lower court erred by not entering summary judgment declaring that appellee is required to defend and indemnify appellant in both underlying lawsuits?
01-11-11 No. 59 Dwayne Antonio Peaks v. State of Maryland
Issue - Criminal Law - does Section 3-104 of the Criminal Procedure Article require the trial judge to make a proper competency determination prior to the commencement of trial and before a defendant can be permitted to discharge his counsel where a defendant’s competency is called into question and a competency evaluation is ordered sua sponte by the judge?
01-11-11 No. 66 Janay Barksdale v. Leon Wilkowsky, et al.
Issues - Constitutional Law - Lead Paint - (1) whether the lower court correctly interpreted and applied in this case the harmless error standard for a substantive jury instruction? (2) whether the lower court’s interpretation of this standard is incorrect for a statutorily protected class such as lead poisoned children? (3) whether the lower court’s interpretation & application of this standard is constitutional?
01-10-11 AG 14 Attorney Grievance Commission of Maryland v. Joel Desingco Lara
01-10-11 No. 34 Franklin Morris v. State of Maryland
Issues - Criminal Law - (1) should this court decline to review petitioner’s affirmatively waived complaint about his joint trial when the lower court found that he did not argue that the trial court’s severance ruling was in error in his opening brief or reply brief? (2) did lower court properly find petitioner did not argue that the trial court’s severance ruling was in error and that petitioner waived his crawford argument? (3) did the lower court correctly find that the trial court properly admitted a detective’s testimony for a limited purpose and merely asked appropriate clarifying questions?
01-10-11 No. 64 Katie McDaniel v. Tom Baranowski
Issues - Real Property - Consumer Protection Act (CPA) - (1) is a landlord entitled to use judicial process to collect rent on property by means of an action for non-payment of rent under Section 8-402 of the Real Prop. Art. where a landlord may not lawfully rent a residential property because he does not have a license to do so under the applicable local rental housing licensing law? (2) did the lower court err in denying tenant damages under the CPA where uncontroverted evidence showed that rental property was not licensed & the property contained an electrical defect that affected & endangered tenant? (3) is the denial of a post-judgmental motion reviewable on appeal where tenant filed a timely post-judgment motion under MD. Rule 3-535?
01-07-11

Bar Admissions

  
01-07-11 AG 13 Attorney Grievance Commission of Maryland v. Ranji M. Garrett
01-07-11 No. 65 State of Maryland v. Kendall I. Northam
Issue - Criminal Law - did the lower court misapply this court’s precedent when it determined that MD. Rule 4-215(e) inquiry was required even though no one brought to the court’s attention in open court that the defendant had any desire to discharge his appointed public defender?
01-07-11 No. 67 Montgomery County, Maryland v. Brenda O. Robinson
Issue - Workers’ Compensation - does the Workers’ Compensation law prohibit combining the weeks of compensation for a “Scheduled Member” injury with the weeks of compensation for an “Other Cases” injury for purposes of awarding benefits at the second-tier rate of compensation?
01-07-11 No. 68 Board of Education of Montgomery County, Maryland v. Jamie Anderson
Issue - Workers’ Compensation - does the Workers’ Compensation law prohibit combining the weeks of compensation for a “Scheduled Member” injury with the weeks of compensation for an “Other Cases” injury for purposes of awarding benefits at the second-tier rate of compensation?
01-06-11 Bar Admissions  
01-06-11 AG 6 Attorney Grievance Commission of Maryland v. Henry Donald McGlade, Jr.
01-06-11 No. 56 In Re: Adoption/Guardianship of Chaden M.
Issue - Statutory - did the lower court err when it determined that a non-disabled parent has a statutory right to effective assistance of counsel in a termination of parental rights case that arises prior to the assertion of that right through the filing of an objection and request for counsel?
01-06-11 No. 58 George E. Blake v. State of Maryland
01-06-11 No. 61 In Re: Shirley B., Jordan B., Davon B., and Cedric B.
Issues - CINA - (1) does the Department of Social Services satisfy the statutory requirement that it must make reasonable efforts to finalize the permanency plan of reunification where a parent was referred to services pertaining to specific impediments to reunification but never received those services due to lack of funding? (2) where petitioner had concededly followed through with the department’s referrals to services identified by the juvenile court as “critical” for efforts at reunification with her children, but did not receive those services solely because of a lack of funding did the department satisfy its statutory obligation to make reasonable efforts toward reunification? (3) did the juvenile court abuse its discretion when it changed the permanency plans for the four children from reunification to adoption?
December 2010 Schedule
Date Docket # Title
12-07-10 AG 9 Attorney Grievance Commission of Maryland v. Joseph Tauber
12-07-10 No. 52 Motor Vehicle Administration v. Frank William Loane, Jr.
Issue - Administrative Law- did the administrative law judge correctly conclude that MD. Code Ann., Transp. II, Section 16-205.1(f) does not require the MVA to prove the exact location when a suspected drunk driver was detained after driving on a “highway or private property used by the public in general,” before suspending the motorist’s license for a test refusal?
12-07-10 No. 44 Babak Najafi v. Motor Vehicle Administration
Issues - Administrative Law - (1) did the trial court err in finding that the petitioner’s right to consult with counsel prior to an election on submitting to a chemical breath test did not apply to the administrative license suspension hearing and in denying his motion for “no action” on those grounds? (2) did the trial court err in finding that petition had refused to submit to a chemical breath test when (a) there is no evidence that the petition ever refused; and (b) the police officer assumed that petitioner had refused after the petitioner was unable to reach an attorney with one attempted phone call?
12-07-10 No. 51 Donte Lamont Tyner and Tavon Berson Tyner v. State of Maryland
Issues - Criminal Law - (1) did the trial court err in refusing to strike the testimony of a detective that initially stated she was not present at the crime scene but subsequently provided a statement inculpating petitioners? (2) where two defendants with identical interests are jointly tried and one objects to evidence equally damaging to both, should the objection be deemed to preserve the issue as to both?
12-07-10 No. 47 Beka Industries, Inc. v. Worcester County Board of Education
Issues - State Government - (1) can a county board of education use the doctrine of sovereign immunity to deny payment to a contractor that fully performed pursuant to a written construction contract with the board of education? (2) did the lower court incorrectly apply the abuse of discretion standard in reviewing the trial court’s grant of the contractor’s motion in Limine? (3) did the lower court err by failing to affirm the trial court’s grant of petitioner’s motion for partial summary judgment? (4) did the lower court err by allowing the board to raise the equitable defense of recoupment when the trial court ruled that the board had no legally subsisting affirmative claim? (5) does Cts. and Jud. Proceedings Sec. 5-518(c) apply to contract claims against a county board of education?
12-06-10 AG 7 Attorney Grievance Commission of Maryland v. Sherrie T. Howell
12-06-10 No. 55 Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, et al. v. Moreland, LLC, et al.
Issues - Critical Area Law - (1) did the Board of Appeals provide sufficient reasoning for its conclusions that the variance applicants had failed to establish that their proposed development would not adversely affect water quality and that their variances were the minimum necessary to afford the applicants relief from the applicable critical area development restrictions? (2) did the lower court err in concluding that the board of appeals must consider the size of the proposed construction relative to the size of homes on neighboring parcels when such community comparisons are separately considered under other variance criteria? (3) did the lower court incorrectly apply the presumption that construction proposed in the buffer will harm water quality?
12-06-10 No. 115 (2008 T) 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?
12-06-10 No. 53 Christopher Mansfield v. State of Maryland
Issue - Criminal Law - whether the constitutional prohibition against double jeopardy is excused by the doctrine of manifest necessity where a trial judge elects to declare a mistrial at the conclusion of a bench trial over defense counsel’s objection based on information known by the judge prior to trial?
12-03-10 No. 49 Coralie Kurstin v. Bromberg Rosenthal LLP, et al.
Issues - Collateral Order Doctrine - (1) is the attorney-client privilege a testimonial privilege only that is not violated unless the information gained is admitted as evidence in a trial such that the privilege does not protect against preliminary revelation of information? (2) does md appellate procedure or Supreme Ct. Case Mohawk Industries Inc. v. Carpenter, 130 S.Ct. 599 (2009) act as an absolute bar to appellate review under the Collateral Order Doctrine of discovery orders involving the attorney-client privilege? (3) do MD Discovery Rules permit inquiry into attorney-client protected matters when no claim has been brought in order to determine if a claim can be brought?
12-03-10 No. 46 County Council of Prince George’s County, Maryland, Sitting as the District Council, et al. v. Dedra Billings, et al.
Issues - Zoning - Regional District Act - (1) did the lower court err when it held that the district council’s actions withdrawing elections to review the planning board’s decision in DDS-564 and the examiner’s decision in S.E. 4549 were “final decisions”? (2) should the lower court have held the district council withdrawal actions “final decisions” when no party was eligible to challenge them in the trial court? (3) did the lower court err when it held that citizen opponents are no longer required to exhaust administrative remedies when the district council makes an election to review a zoning matter?
12-03-10 No. 48 State of Maryland v. Constance Walker
Issue - Criminal Law - did the lower court improperly expand this court’s limited holding in Thompson v. State, 284 MD. 113 (1978), when it found that a trial court must conduct an independent indigence inquiry even though a defendant has neither (1) applied to the clerk of the court prior to trial for appointed counsel as set forth in Rule 4-202(a) nor (2) requested at trial that the trial court appoint counsel?
12-02-10

Bar Admission

  
12-02-10 Misc. 6 In the Matter of the Application of Ariel David Stern for Admission to the Bar of Maryland
12-02-10 AG 50 and AG 65 (2009 T) Attorney Grievance Commission of Maryland v. Andrew Gregory De La Paz
12-02-10 No. 45 Mark Denisyuk v. State of Maryland
Issues - Criminal Law - (1) did the lower court err in holding that defense counsel can never be ineffective for failing to advise his or her client of the immigration consequences of a guilty plea in light of Supreme Court decision Padilla v. Kentucky? (2) is petitioner entitled to post conviction relief as a result of his attorney’s failure to inform him of the immigration consequences of his plea?
12-02-10 No. 43 Weichert Co. of Maryland, Inc. v. Dorothy Crago Faust
Issues - Labor & Employment - MD Wage Act - (1) can an employee who breaches her duty of loyalty which is at the heart of the contractual employment relationship, seek to enforce certain of the provisions of the contract which she materially breached? (2) can a party recover attorneys fees pursuant to a contract provision that provides reimbursement of fees incurred when a third party retained and paid counsel and the party did not pay any attorneys fees nor have any obligation to pay attorneys fees?
November 2010 Schedule
Date Docket # Title
11-09-10 No. 40 Carole M. Fagnani, et al. v. Jeffrey B. Fisher, et al., Substitute Trustees
Issues - Real Property - (1) are the substitute trustees authorized to foreclose less than the entirety of the property pledged as security under the terms of a uniform deed of trust secured by a single family residence on one indivisible lot which is incapable of partition or subdivision as a matter of law? (2) is the power of sale provision in a uniform deed of trust subject to strict construction? (3) what authority do the respondents have under the power of sale provision in a uniform deed of trust where the respondents claim that one co-tenant’s signature on the deed of trust is forged? (4) did the lower courts fail to properly apply the strict scrutiny standard to the conduct of the foreclosure sale?
11-09-10 AG 26 (2009 T.) Attorney Grievance Commission of Maryland v. Sirina Sucklal
11-09-10 No. 31 Matthew C. Thomas v. Motor Vehicle Administration
Issues - Administrative Law - Transportation - (1) did administrative law judge (ALJ) properly conclude that a police officer who had reasonable grounds to believe a driver was driving while impaired, could ask the driver to take an alcohol concentration test before the driver was formally charged with driving under the influence of alcohol? (2) did substantial evidence in the record support the ALJ’s findings that petitioner refused the alcohol concentration test, despite the driver’s claim that he only refused a preliminary breath test? (3) has petitioner failed to preserve any error concerning denial of MVA’s request to subpoena his arresting officer?
11-09-10 No. 37 John Menefee, et al. v. State of Maryland
Issue - Health and Human Services - Negligence - whether the State of Maryland has waived sovereign immunity for the negligent acts of individuals who conduct state programs for Montgomery County pursuant to the Health and Human Services Article?
11-08-10 AG 47 (2009 T.) Attorney Grievance Commission of Maryland v. Leonard Jerome Sperling
11-08-10 No. 28 Sonja D. Bates v. Edward S. Cohn, et al.
Issue - Foreclosure - did trial court err as a matter of law when it held that homeowner is precluded from raising a lender’s substantive failure to satisfy loss mitigation requirements in the deed of trust as an exception to foreclosure sale?
11-08-10 No. 33 Paul Andrew Tatem v. State of Maryland
Issues - Criminal Law - (1) did lower court correctly affirm the sentences imposed by the circuit court on reconsideration on petitioner’s appeal from those sentences where petitioner did not allege an illegality inherent in the sentences themselves? (2) did lower court correctly hold that petitioner waived his claim regarding the trial court’s denial of his motion to correct an illegal sentence, and that his claim was without merit?
11-08-10 No. 39 Scapa Dryer Fabrics, Inc., et al. v. Carl L. Saville
Issues - Joint Tort-Feasors Act - Asbestos - (1) did the lower court err in determining that the judgment against petitioner should not be reduced under the Joint Tort-Feasors Act to account for payments that respondent received from Section 524 Trusts? (2) did the lower court err in determining that respondent satisfied the “frequency, regularity, proximity” test where respondent demonstrated the possibility that he was exposed to asbestos? (3) did the lower court err in determining that defendant waives its right to move for JNOV on its cross-claims because defendant did not move for a judgment?
11-05-10 Misc. 4 Scotch Bonnett Realty Corporation v. Cateania Matthews et al.
11-05-10 AG 30 & 70 (2009T.) Attorney Grievance Commission of Maryland v. Katrice Selena Stinson
11-05-10 No. 32 Matthew Wayne Tracy v. State of Maryland
Issues - Criminal Law - Sections 9-303 & 9-305 - (1) is the evidence sufficient to support conviction under either statute? (2) was it improper to convict petitioner under both statutes for the single act of writing a letter suggesting a threat of harm if the witness gave harmful testimony in a pending case?
11-05-10 No. 41 Maryland Department of State Police v. Maryland State Conference of NAACP Branches
Issues - State Government - MD Public Information Act (PIA) - (1) did the trial court correctly determine that the requested records of investigations into allegations of police misconduct are “personnel records,” within the meaning of the mandatory nondisclosure provision of PIA, MD. Code Ann., State Gov’t Sec. 10-616(i)? (2) did the trial court err by ordering the disclosure of personnel records with redaction of only the names and identification numbers of employees and the names and identifying information of complainants, and by ordering the disclosure to plaintiffs’ counsel, without any redaction, of all other similar personnel records that had not been reviewed by the court in camera?
11-04-10 Bar Admissions  
11-04-10 AG 5 Attorney Grievance Commission of Maryland v. John Michael Coppola
11-04-10 AG 6 (2009 T.) Attorney Grievance Commission of Maryland v. David E. Fox
11-04-10 Misc. 3 Katherine M. Lewis v. Jeremy P. Waletzky
11-04-10 No. 30 State of Maryland v. Jason Mayers
Issues - Criminal Law - (1) is it necessary for victim to resist each assault in an escalating series of assaults to satisfy the element of force to sustain a conviction for the final sexual assault which was a second degree sexual offense? (2) is the forceful disrobing of a victim more than the “mere physical exertion required to engage in the” act of cunnilingus? (3) was the evidence sufficient to permit a rational trier of fact to conclude that respondent’s conduct created in the victim’s mind a reasonable apprehension that respondent would require her to perform fellatio upon him if she continued to resist?
11-04-10 No. 35 Prince George’s County, Maryland, et al. v. Keith Longtin
Issues - whether a local government within the meaning of the local government tort claims act (LGTCA) is not exempt from a liability cause of action for a pattern, practice or a custom of unconstitutional police conduct under Article 24 of the Maryland declaration of rights in light of Monell v. Dep’t of Soc. Servs., 436 u.S. 658, 98 S. Ct. 2018, 56 l. Ed 2d 611 (1978)? (2) could the damage caps of the (LGTCA) apply to a monetary award against a local government and/or its employees within the meaning of the LGTCA for violations of the Maryland Constitution in light of Housing Auth. of Baltimore City v. Crystal Bennett, 359 MD. 356 (2000), Chapter 286 of House Bill 942 (2001) and Dua v. Comcast Cable of MD., Inc., 370 MD. 604 (2002)?
October 2010 Schedule
Date Docket # Title
10-13-10 No. 22 State of Maryland v. Thomas B. Harris
Issue - Criminal Law - did lower court err in finding that trial court abused its discretion in refusing to declare a mistrial after informing defendant of an innocuous communication between the judge’s secretary and a juror?
10-13-10 Misc. 2 AGV Sports Group, Inc., et al. v. Protus IP Solutions, Inc., et al.
10-13-10 No. 20 Rodney Taureen Moore v. State of Maryland
Issues - Criminal Law - (1) is proof of the operability of the firearm a prerequisite to a conviction for illegal possession of a regulated firearm? (2) if so, was the evidence insufficient to prove operability in the present case?
10-13-10 No. 27 Montgomery County, Maryland, et al. v. Melody Butler d/b/a Butler Landscape Design
Issue - Zoning - did trial court err in its determination that board of appeals had erred in its determination that inherent adverse effects of a landscaping business would become non-inherent adverse effects due to shape and configuration of the subject property?
10-12-10 No. 13 Johns Hopkins Bayview Medical Center v. Thomas Carr
Issue - Estates and Trusts - does Maryland’s guardianship statute permit trial court to refuse to appoint guardian for an individual who the court finds on basis of clear and convincing medical testimony and other evidence lacks understanding or capacity to make or communicate a responsible decision concerning his person because of a disability, when court’s refusal is based on individual’s objection to guardianship and anticipated lack of cooperation?
10-12-10 AG 49 (2009 T.) Attorney Grievance Commission of Maryland v. Christopher Allen Palmer
10-12-10 No. 18 State of Maryland v. Fabian Andre Shim
Issues - Criminal Law - (1) did lower court err in reversing the murder convictions because trial court declined to ask prospective jurors during voir dire if any member of jury panel had “such strong feelings concerning the violent death of another human being” that member would be unable to render a fair and impartial verdict? (2) did lower court err when it concluded that trial court abused its discretion in propounding a flight instruction based on evidence admitted at trial, and if there was error, was error harmless?
10-12-10 No. 26 Robert Lamont Ireland v. Bobby Shearin
Issue - Statutory - Md Public Information Act (MPIA) - did the trial court err in dismissing appellant’s complaint seeking to enforce his right to inspect records under the MPIA?
10-08-10 No. 24 Winston Elliott v. State of Maryland
Issues - Criminal Law - (1) did lower court err in raising and deciding inevitable discovery Sua Sponte, where the state failed to raise it at any point during any of the proceedings? (2) did lower court err in refusing to compel disclosure of the identity of the confidential informant, where petitioner’s defense was that informant was responsible for devising circumstances that led to his arrest? (3) did lower court err in finding that the manner in which police detained petitioner prior to canine search of his vehicle constituted arrest, and not investigatory detention?
10-08-10 No. 23 Wilkens Square, LLLP and Stone and Associates, Inc. v. W.C. Pinkard & Co., Inc. t/a Colliers Pinkard
Issues - Commercial Real Estate - (1) is it a “dual agency” where a broker provides “real estate brokerage services” as a paid consultant to a real estate investor seeking to purchase commercial real estate in a market and simultaneously represents the owner of a commercial real estate for sale in that market requiring disclosure to the seller? (2) does the principal who was kept ignorant of a dual agency bear the burden of proving the dual agency prejudiced it? (3) does the fiduciary duty that a real estate broker owes to a principal include any obligation to disclose relationships with other principals it represents in separate but related matters?
10-08-10 No. 17 Elliott McClain v. State of Maryland
Issues - Criminal Law - (1) where witness’ taped statement to police is offered and used for purpose of refreshing recollection, may an appellate court affirm admission of tape into evidence under theory that statement was admissible as both a prior inconsistent statement and a prior consistent statement where prosecutor did not offer the statement under these hearsay exceptions, and where trial court did not make the requisite findings of fact? (2) may trial court, over defense counsel’s objection, send testimonial exhibits to jury room at beginning of deliberation where jury did not ask to review those exhibits?
10-08-10 No. 25 J. Michael Stouffer, Commissioner of Correction, et al. v. Eric Holbrook
Issue - Statutory - does Corr. Servs. Article Sec. 3-704(b)(2) which provides an inmate whose term of confinement includes a sentence for a crime of violence or a drug crime is to receive good conduct credits at the rate of only five days per month over the term of confinement, permit an award of ten good conduct credits per month on sentences in the term of confinement for non-violent, non-drug crimes?
10-07-10

Bar Admissions

  
10-07-10 AG 33 (2009 T.)

Attorney Grievance Commission of Maryland v. Julia Colton-Bell
10-07-10 No. 16 Charles Francis Williams, Jr. v. State of Maryland
Issue - Criminal Law - are MD. Code Ann. Criminal Law Section 4-203, Public Safety Art. Sections 5-301 et. Seq. And Comar 29.03.02.04 unconstitutional in light of Heller v. District of Columbia?
10-07-10 No. 36 In Re: Adoption/Guardianship of Tatianna B.
Issue - Family Law - CINA - did the trial court err by determining that “risk assessment” was field of expert study and by concluding that the department’s witness was qualified to testify as an expert in this alleged field?
10-07-10 No. 14 Juanita Robinson v. State of Maryland
Issues - Criminal Law - (1) did courts below err in holding that petitioner was not in “custody” for purposes of the rule of Miranda v. Arizona where petitioner, suspected in a murder, was placed in police squad car with bags on her hands to preserve evidence and subsequently placed for several hours in a “holding cell”? (2) did trial court err in its responses to two notes from jury in a manner which interfered with jury’s authority to draw reasonable and exculpatory inferences from the evidence?
10-07-10 No. 19 In Re: Layla A. Mohammad A.
Issues - CINA - (1) did lower court correctly hold that petitioner did not preserve his objection concerning the alleged denial of due process? (2) was petitioner’s argument that trial court erred in holding that it did not have authority to order visitation by the paternal relatives not preserved for appellate review? (3) did lower court correctly hold that petitioner acquiesced to the trial court’s award of custody and guardianship to the maternal grandmother?
September 2010 Schedule
Date Docket # Title
09-29-10 No. 86 Montgomery County Volunteer Fire-Rescue Association and Eric Bernard v. Montgomery County Board of Elections and Montgomery County, Maryland. 
09-08-10 No. 2 Jerry Smith, et al. v. County commissioners of Kent County, Maryland, et al.
Issue - State Critical Area - was the decision of the Co. Commissioners of Kent County, Maryland to approve an application for growth allocation a final, appealable decision despite the fact that it was conditioned upon an approval by the critical care commission?
09-08-10 No. 8 Bayly Crossing, LLC, et al. v. Consumer Protection Division Office of the Attorney General
Issues - Commercial Law - (1) whether the lower court erred in affirming the decision of the respondent finding that petitioners were required to be registered as “home builders” in order to sell houses constructed by a registered home builder where the home building registration act excludes “developers who do not construct homes” from the requirement of registration? (2) whether the lower court erred in affirming the decision of the respondent finding that petitioners violated Section 13-301(13) of the Consumer Protection Act by using a provision in their contract where buyers were given a one-year warranty in exchange for a release of construction-related causes of action?
09-08-10 No. 9 Julia M. Taylor v. Giant of Maryland, LLC
Issues - Employment - Labor Management Relations Act - (1) has lower court created a new standard for comparator evidence and “adverse employment action”? (2) did petitioner present legally sufficient evidence that she was subjected to retaliatory treatment by respondent? (3) does lower court’s opinion announce an application of preemption law which is contrary to existing law?
09-08-10 No. 10 Julia M. Taylor v. Giant of Maryland, LLC
Issue - Attorney’s Fees - did lower court have jurisdiction to consider second appeal where respondent filed a notice of appeal 34 days after entry of a collateral order for attorney’s fees following judgment on the merits?
09-07-10 Misc. 1 The Honorable Charles G. Bernstein v. The State of Maryland, et al.
09-07-10 No. 15  Shoaib Hashmi v. Troy Bennett, et al.
Issue - Joint Tortfeasors - (1) what are standards for determining how many joint tortfeasors properly should be attributed to a hospital where liability is vicarious only for actions of its employees and agents? (2) what are standards for interpreting a joint-tortfeasor release in favor of a hospital with multiple allegedly negligent employees or agents? (3) what procedural recourse does a non-settling defendant have to challenge the allocation of joint-tortfeasors shares made in a joint-tortfeasor release in favor of a co-defendant hospital with multiple allegedly negligent employees or agents?
09-07-10 No. 5 Reverend Daki Napata v. University of Maryland Medical System Corporation
Issue - Education - did the lower court err in holding that MD. Ann. Code of Ed. Art., Section 13-303 states that respondent is not an instrumentality of the State of Maryland?
09-02-10 Ag 36 (2009 t.) Attorney Grievance Commission of Maryland v. Walter Carroll Elliott, Jr.
09-02-10 No. 1 Robert Harvey Bishop, Jr. v. State of Maryland
Issues - Criminal Law - (1) where the parties have proceeded by way of an agreed statement of facts, may an appellate court rely on evidence that was proffered by the state but disputed by the defense in determining that the improper denial of a motion to suppress is harmless error? (2) did the lower court err in holding that the improper denial of the motion to suppress petitioner’s confession to the police is harmless error?
09-02-10 No. 11 Eugene Edward Gardner v. State of Maryland
Issue - Criminal Law - is trial court bound by the original trial judge’s sentence or a subsequent sentence imposed by three-judge panel where retrial and conviction follow successful appeal and Cts. & Jud. Proc. Art. Section 12-702(b) prohibits a court from imposing a sentence more severe than the sentence previously imposed except in certain circumstances?
09-02-10 No. 6 Norman Bruce Derr v. State of Maryland
Issues - Criminal Law - whether appellant’s federal and state constitutional rights of confrontation were violated when the state was permitted to introduce: (1) the opinion by a serology examiner through the testimony of an expert who did not participate either directly or in a supervisory capacity in the serological testing without calling the serology examiner as a witness or showing that the examiner was unavailable and that appellant had a prior opportunity to cross-examine the examiner? (2) the results of dna testing of biological evidence through the testimony of an expert who did not participate either directly or in a supervisory capacity in the dna testing without calling the dna analyst who performed the testing as a witness or showing that the analyst was unavailable and appellant had a prior opportunity to cross-examine the analyst?
09-01-10

Bar Admissions

 
09-01-10 Ag 8 (2009 t.) Attorney Grievance Commission of Maryland v. Saladin Eric Shakir
09-01-10 No. 7 Ahmed M. Ali v. Cit Technology Financing Services, Inc.
Issue - Constitutional Law - Statute of Limitations - whether the lower court erred when it upheld the trial court’s decision which held that the statute of limitations on respondent’s claim had not expired at the time the instant complaint was filed?
09-01-10

No. 3

 Dale Albert Crispino, III v. State of Maryland
Issues - Criminal Law - (1) did the trial court err by refusing to give a jury instruction requiring unanimity on the specific act on which it was basing its guilty verdict? (2) did the trial court err by refusing to instruct the jury that it had to find that the criminal acts took place within the time frame set forth in the indictment?
09-01-10 No. 12  Alexander H. Neustadter, et al. V. Holy Cross Hospital of Silver Spring, Inc.
Issue - Constitutional Law - whether petitioner’s right to religious freedom was violated when court required trial to proceed in the absence of petitioner and his counsel over course of two days that petitioner’s Jewish orthodox faith required him to strictly observe as days of worship?
09-01-10 No. 4 William Briscoe v. State of Maryland
Issue - Criminal Law - did the lower court correctly hold that the police lawfully seized a handgun from petitioner’s vehicle during a valid inventory search?