Court of Appeals Webcast Archive 2013 Term

 

 
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June 2014 Schedule
Date Docket # Title
06-05-2014 No. 94 Dehn Motor Sales, LLC, et al. v. Joseph Schultz, et al.

Issues – Courts and Judicial Proceedings – 1) Did CSA err in holding that Petitioners’ replevin action did not substantially comply with the notice requirements of the Local Government Tort Claims Act even though the City Solicitor’s office litigated the replevin action for three years? 2) Did CSA err in its conclusion that the Respondent police officers were constitutionally justified in seizing 67 vehicles without a warrant or court order because of an alleged emergency when that fact was disputed by Petitioners?
06-05-2014 No. 98 Spacesaver Systems, Inc. v. Carla Adam

Issues – Labor & Employment – 1) Under MD Law, is there a distinction between a lifetime employment contract and a “continuous for-cause contract,” both terminable for any reason by employee and only for cause by employer, such that each should have different amounts and degrees of proof and different consideration required? 2) Where an employment contract contains no provision addressing duration of employment, must the contract be clear, specific and definite that the parties intended to create continuous and indefinite employment, terminable only for cause? 3) Where an employment contract contains no provision addressing the duration of employment, does a “for-cause” provision transform the contract to one providing employment for life where there is no “special consideration” to establish a contract for lifetime employment? 4) Is this Court’s dicta in Towson University v. Conte, 384 Md. 68, 862 A.2d 941 (2004) suggesting that a “just cause” provision transforms “at-will” employment into employment terminable only for cause inconsistent with this Court’s holding in Suburban Hospital v. Dwiggins, 324 Md. 294, 596 A.2d 1069 (1991) that employment contracts of an indefinite duration create “at-will” employment and remain so even if that agreement sets forth some bases that provide the employer cause for termination? 5) Does the presence of a “for cause” provision in an employment contract transform at-will employment to lifetime employment terminable only for cause?
06-05-2014 No. 89 Richard A. Elms v. Renewal By Anderson

Issues – Workers’ Compensation – 1) Did CSA err in holding that a Labor & Empl. Art. § 9-508 (“statutory employer”) analysis must precede a common law employment analysis? 2) Did the Workers’ Compensation Commission misconstrue the law as it applied to the facts under Labor & Empl. Art. § 9-745 when it determined that Petitioner was an independent contractor?
06-04-2014 Bar Admissions  
06-04-2014 AG No. 88 (2012 Term) Attorney Grievance Commission of Maryland v. Vaughn Miles Mungin
 
06-04-2014 Misc. No. 11 NVR Mortgage Finance, Inc., et al. v. Soren Carlsen

Question - Is the Maryland Finder's Fee Act a statutory "specialty" law with a statute of limitations of twelve years under Maryland Courts and Judicial Proceedings Sec. 5-102(a)(6)?
06-04-2014 No. 96 Baltimore County, Maryland v. Baltimore County Fraternal Order of Police, Lodge No. 4

Issue – County Government – Whether the trial court erred when it issued a writ of mandamus requiring Baltimore County to designate a third party neutral to receive and investigate FOP’s complaint of an unfair labor practice regarding a change to personnel policy set forth in the County Personnel Manual, which, by definition is not subject to negotiation?
06-04-2014 No. 93 Motor Vehicle Administration v. Joshua Salop

Issues – Transportation – 1) Did the circuit court exceed the scope of its authority by ordering the MVA to remove a reported out-of-state speeding conviction from Respondent’s driving record where MD’s adoption of the Driver License Compact mandates that MVA maintain a record of each out-of-state conviction reported by states parties to the Compact and MD law provides no right to judicial review of the MVA’s maintenance of those driving records? 2) Did the circuit court err as a matter of law or abuse its discretion when it used its revisory power under Rule 2-535(b) to correct a non-jurisdictional “mistake,” given this Court’s long-standing precedent confining a circuit court’s authority under that Rule to correcting only jurisdictional errors? 3) Did the circuit court exceed the permissible scope of review by reviewing the underlying validity of DE’s reported conviction, in light of the plain language in Transp. § 16-708 strictly limiting judicial review of reported out-of-state convictions?
May 2014 Schedule
Date Docket # Title
05-06-14 No. 105 Ben C. Clyburn, et al. v. Quinton Richmond, et al.

Issues – Criminal Procedure – 1) Did the circuit court err in entering an injunction directing officials of the District Court to conduct initial appearances in a manner inconsistent with the existing rules promulgated by this Court? 2) Did the circuit court err in granting an application for supplemental relief based on a prior declaratory judgment without first issuing a show cause order, as required by the statute governing such applications? 3) Did the circuit court err in ordering officials of the District Court to appoint counsel for all arrestees at initial appearances and prohibiting those court officials from conducting initial appearances for arrestees who were not provided with counsel?
05-06-14 AG No. 11 Attorney Grievance Commission of Maryland v. Runan Zhang
 
05-06-14 Misc. No. 1 Department of Public Safety and Correctional Services v. John Doe

Certified question from the Court of Special Appeals Question - Do circuit courts have the authority to order the State to remove sex offender registration information from "federal databases"?
05-06-14 No. 103 Gregg Hershberger v. John Roe

Issue – Criminal Law – In light of the requirement imposed by federal law that each state maintain an online registry of sex offenders residing in the state and the obligation imposed on convicted sex offenders by federal law to register in the state where they reside, did the circuit court lack authority to direct the State to remove Mr. Roe from databases maintained in compliance with federal law, irrespective of his challenge to registration requirements imposed by MD law?
05-05-14 No. 83 Madison Park North Apartments, L.P. v. The Commissioner of Housing and Community Development

Issues – Housing and Community Development – 1) Is the Baltimore City regulation requiring multiple family housing license holders to “prevent” criminal activity void for vagueness? 2) If the CSA standard that a license holder must “hinder or impede” criminal activity is correct, was the substantial evidence that Petitioner failed to “hinder or impede” crime at MPNA? 3) Did CSA impermissibly shift the burden of proof to Petitioner? 4) Did Respondent violate Petitioner’s due process rights by prejudging, or giving the appearance of prejudgment, when it stated in a notice of hearing that “[t]here is sufficient evidence to establish that MPNA” failed to prevent crime?
05-05-14 No. 87 Waterkeeper Alliance, Inc., et al. v. Maryland Department of Agriculture, et al.

Issues – Agriculture – 1) Did CSA err in broadly interpreting an exemption to disclosure under the Maryland Public Information Act, where such exemptions must be construed narrowly and in favor of disclosure? 2) Did CSA err in holding that Agriculture Art. § 8-801.1(b)(2) applies to all types of nutrient management records maintained for any period of time where the plain language expressly applies only to nutrient management plan summaries maintained by the MD Dept. of Agriculture for three years or less? 3) Did CSA err in deferring to the MD Dept. of Agriculture’s interpretation of Ag. Art. § 8-801.1(b)(2), where that expansive interpretation conflicts with the narrowly-tailored exemption to disclosure provided by the plain language of the statute?
05-05-14 No. 84 Sonia Carter, et al. v. The Wallace & Gale Asbestos Settlement Fund

Issues – Torts – 1) Did CSA err in its decisions that the trial court should have admitted the testimony and opinion of Respondent’s expert and should have instructed the jury on apportionment of damages? 2) Did CSA err in its conclusion that the use plaintiffs were required to join the action with a formal pleading and are now barred by the statute of limitations?
04-30-14 No. 110 Claudia Natalie Cabrera v. Cecilia R. Penate, et al.

Direct appeal: Election case.
04-30-14 No. 82 W.R. Grace & Co., et al. v. Andrew Swedo

Issue – Workers’ Compensation – Did CSA err in holding that credit for compensation already paid when a permanency award is reversed on appeal should be given in terms of dollars instead of weeks?
04-30-14 No. 91 Florida Rock Industries, Inc., et al. v. Jeffrey P. Owens

Issue – Workers’ Compensation – Whether the statutory credit provided in § 9-633 of the Workers’ Compensation Act should be calculated based on the number of weeks of benefits previously paid or on the dollar amount of the benefits previously paid?
04-30-14 No. 92 Robert W. Coffee v. Rent-a-Center Inc., et al.

Issue – Workers’ Compensation – Did the trial court correctly grant summary judgment in favor of appellees based on a finding that when an award of Workers’ Compensation permanent partial disability benefits is increased on appeal, credit for payments made under the previous award should be expressed in weeks rather than dollars?
04-29-14 Bar Admissions
 
04-29-14 AG No. 50 (2012 Term) Attorney Grievance Commission of Maryland v. Matthew John McDowell and John Stephen Burson
 
04-29-14 No. 86 Muriel Peters v. Early Healthcare Giver, Inc.

Issues – Labor & Employment – 1) Are overtime wages recoverable under the MD Wage Payment and Collection Law (MWPCL)? 2) In a bench trial, is it an abuse of discretion to fail, without explanation, to award treble damages under the MWPCL where there is no claim of bona fide dispute? 3) Should any award of up to treble damages under MWPCL be made in addition to the award of unpaid wages?
04-29-14 No. 88 G.E. Frisco, Co., Inc. et al. v. Anthony Oliver

Issue – Workers’ Compensation – Was the trial court correct in granting summary judgment to Petitioners and affirming the decision of the Workers’ Compensation Commission that the accidental injury claim was barred by the statute of limitations?
04-29-14 No. 81 Edward J. Makowski v. Mayor and City Council of Baltimore

Direct Appeal: Quick-take condemnation
 
April 2014 Schedule
Date Docket # Title
04-08-14 No. 65 Candace Megan Burns v. State of Maryland

Issue - Criminal Law - Does a defendant in a criminal trial have a constitutional, statutory and common law right to be present when the terms of a plea agreement are presented to and considered by the trial court?
04-08-14 AG No. 2 Attorney Grievance Commission of Maryland v. Robert John Greenleaf
 
04-08-14 No. 69 (2012 Term) Glenn Joseph Raynor v. State of Maryland

Issues – Criminal Law – (1) Whether, under the Fourth Amendment & Art. 26 of the Md. Declaration of Rights, a citizen maintains an objectively reasonable expectation of privacy in the DNA found in genetic material involuntarily and knowingly deposited through ordinary biological processes? (2) Whether, under the Fourth Amendment & Art. 26 of the Md. Declaration of Rights, the determination of an individual's expectation of privacy requires consideration of the privacy interest in the information obtained, & not just the privacy interest in the place in which it was found? (3) Was the collection and testing of Petitioner's perspiration a limited intrusion justified by reasonable suspicion? (4) Even if not constitutionally reasonable, does law enforcement conduct in this case not justify application of the Fourth Amendment's exclusionary rule?
04-07-14 Misc. No. 28 In the Matter of the Application of Onikki Tennell Walker for Admission to the Bar of Maryland
 
04-07-14 AG No. 6 Attorney Grievance Commission of Maryland v. Michael David Fraidin
 
04-07-14 No. 80 Danny C. Hoskins v. State of Maryland

DNA appeal.
04-04-14 AG No. 87 (2012 Term) Attorney Grievance Commission of Maryland v. Taiwo Agbaje
 
04-04-14 No. 79 David Springer v. Erie Insurance Exchange

Issues – Insurance Law – 1) Can the “business pursuits” exclusion in an insurance policy relieve an insurer of its duty to provide a defense to its insured when the claims alleged were not connected to the insured’s alleged business pursuits, and when the evidence about the insured’s business activity demonstrated that the insured had not engaged in such activity for approximately two years? 2) Can the “expected or intended” exclusion in an insurance policy relieve an insurer of its duty to provide a defense to its insured, when the claims against the insured are based on reckless conduct and not solely intentional conduct?
04-04-14 No. 77 Chesapeake Bay Foundation, Inc. and Magothy River Association, Inc. v. DCS Dutchship Island, LLC, et al.

Issues – Environmental Law – 1) Did the Board of Appeals correctly determine that CBF lacked standing to participate in the variance proceedings? 2) Did CSA correctly hold that the widely held judicial rule that the standing of similar parties will not be challenged if at least one party has standing does not apply in administrative proceedings? 3) Did CSA correctly refuse to determine whether Anne Arundel County law violates Md. Ann. Code Article 25A, § 5(U)? 4) Did the Board of Appeals correctly determine that Respondents have met their burden of proof and persuasion on the Critical Area variance standards of self-created hardship and minimum variance necessary to afford relief? 5) Was it proper for the Board of Appeals to grant a blanket variance of 3,325 sq. ft., and not provide a specific amount of impervious square footage for each variance requested? 6) Did CSA apply an incorrect standard with respect to whether the variance granted by the Board of Appeals was the minimum necessary to afford relief?
04-03-14 Bar Admissions
 
04-03-14 No. 78 Christopher D. Hamilton, et al. v. Benjamin Kirson, et ux.

Issues – Torts – 1) Did the trial court err by refusing to allow plaintiff’s expert witnesses to testify that the defendant’s property was a substantial contributing cause to plaintiff’s injurious lead exposure on the grounds that they did not sufficiently rule out other potential sources of lead exposure? 2) Did the trial court err by granting summary judgment for defendant on the grounds that there was insufficient evidence as to causation? 3) Is a Dow analysis applicable to a lead paint claim involving possible exposure at multiple properties?
04-03-14 No. 100 Candace Renee Alston, et al. v. 2700 Virginia Avenue Associates, et al.

Issues – Torts -1) By following its decision in West v. Rochkind, 212 Md.App. 164, 66 A.3d 1145 (2013), did CSA improperly undermine the common law principle that the law makes no distinction between the weight to be given to circumstantial evidence and direct evidence and that no greater degree of certainty is required of circumstantial evidence than of direct evidence? 2) Did CSA’s decision in West improperly change a Plaintiff’s burden of proof in a circumstantial evidence case from “preponderance of the evidence” to greater than “beyond a reasonable doubt?” 3) Does CSA’s holding improperly require a Plaintiff in a lead-paint case to prove that a given property was “the only possible explanation” for a Plaintiff’s injuries in order to make a circumstantial case?
04-03-14 No. 90 Lori A. Robinette v. Luan Hunsecker

Issue – Estates & Trusts – Did the trial court err in granting a constructive trust to alienate pension plan benefits where the deceased agreed to transfer a portion of his pension to Respondent but all other claims, demands and interests were expressly waived?
04-03-14 No. 102 (2011 Term) Joy Friolo v. Douglas Frankel, et al.

Issues - Labor & Employment - (1) Whether the lower court’s approach to adjudicating shifted attorneys’ fees under wage payment & overtime statutes set forth by that court directly contravenes the public policies set forth in the wage payment & overtime statutes, misapprehends legislative intent & conflicts with this Court’s rulings in Friolo I and III & all other pertinent authorities? (2) Whether the lower court erred & contravened Friolo III in reducing fees for Friolo’’s counsel’s appellate work where counsel has been completely successful at the appellate stages of the case by referencing & applying the exact same percentage reduction it applied to the trial court? (3) Whether the lower court erred as to the pertinent facts resulting in a very severe reduction in its attorneys’ fees award under its applied mathematical formula? (4) Whether the lower court erred in the manner in which it adjudicated costs other than attorneys’ fees including the Master’s fee?
March 2014 Schedule
Date Docket # Title
03-11-14 No. 62 George Kusi v. State of Maryland

Issues - Criminal Law - 1) Did CSA err in applying a “clearly erroneous” standard of review to requests for an interpreter? 2) Was it an abuse of discretion to refuse Petitioner's requests for an interpreter at his jury trial?
03-11-14 No. 75 Mary Zook v. Susan Pesce

Issue – Estates And Trusts – Does the testamentary exception to the attorney client privilege exist in Maryland?
03-11-14 No. 67 Fraternal Order of Police, Montgomery County Lodge No. #35, et al. v. Montgomery County, Maryland, et al.

Issue - Local Government - May the County Council unilaterally change the terms of a pre-existing negotiated collective bargaining agreement?
03-10-14 AG No. 77 (2012 Term) Attorney Grievance Commission of Maryland v. Sudha Narasimhan
 
03-10-14 No. 64 Rainford G. Bartlett v. Portfolio Recovery Associates, LLC

Issue - Commercial Law - In a small claims collection action, did the trial court err when it admitted hearsay evidence and testimony from a witness who did not have personal knowledge of the matters about which he testified given that the legislative history of Rule 3-306 provides that a debt buyer must prove its case with evidence that would pass muster under the business records exception to the hearsay rule?
03-10-14 No. 76 James Townsend v. Midland Funding, LLC

Issue – Courts and Judicial Proceedings – Did the trial court err by allowing a debt buyer to prove its case against a debtor by submitting unauthenticated documents and an affidavit of an individual not employed by the original creditor given that Rule 3-306 provides that a debt buyer must prove its case with evidence that would pass muster under the business records exception to the hearsay rule?
03-07-14 No. 105 Ben C. Clyburn, et al. v. Quinton Richmond, et al.

Issues – Criminal Procedure – 1) Did the circuit court err in entering an injunction directing officials of the District Court to conduct initial appearances in a manner inconsistent with the existing rules promulgated by this Court? 2) Did the circuit court err in granting an application for supplemental relief based on a prior declaratory judgment without first issuing a show cause order, as required by the statute governing such applications? 3) Did the circuit court err in ordering officials of the District Court to appoint counsel for all arrestees at initial appearances and prohibiting those court officials from conducting initial appearances for arrestees who were not provided with counsel?

Additional information about this matter is available on our Highlighted Cases page.
03-07-14 AG No. 84 (2012 Term) Attorney Grievance Commission of Maryland v. Lee Elliott Landau
 
03-07-14 No. 63 NIHC, Inc. v. Comptroller of the Treasury

Issues - Taxation - 1) Did CSA err in changing the question presented on appeal in order to address a question and a Tax Court decision not properly before the court? 2) Did CSA err in affirming the Tax Court's decision on grounds other than those set forth by the Tax Court? 3) Did CSA err in affirming the Tax Court's ruling that MD's requirement for separate corporate tax returns does not prevent an assessment based on the income Petitioner reported as MD modified income on its MD tax returns?
03-06-14 AG No. 75 (2012 Term) Attorney Grievance Commission of Maryland v. Ronald Marc Levin
 
03-06-14 No. 41 David E. Fuster v. State of Maryland

DNA Appeal
03-06-14 No. 60 Troy Sherman Nash v. State of Maryland

Issues - Criminal Law - 1) Did the trial court abuse its discretion by denying defense counsel's mistrial motion and request for supplemental instruction and by failing to conduct any voir dire of the jurors in response to a jury note stating that one of the jurors had changed her vote from not guilty to guilty “because she want[ed] to go home and no[t] return!” except to recess for the weekend? 2) Does recessing for the day constitute a “respon[se]” as contemplated by Rule 4-326(d) and case law to a jury note? 3) Under this Court's holding in Johnson v. State, 423 Md. 137 (2011), which presumes prejudice from juror misconduct and imposes on the trial judge a duty to sua sponte voir dire the jurors, does the above behavior constitute juror misconduct? 4) May MD Pattern Jury Instruction 2:01, which instructs jurors to “not surrender your honest belief as to the weight or effect of the evidence only because of the opinion of your fellow jurors or for the mere purpose of reaching a verdict,” only be given in a deadlock situation or is it also appropriate in the situation above?
03-06-14 No. 66 Francina Spivery-Jones v. In the Matter of the Receivership Estate of Trans Healthcare, Inc., et al.

Issues - Corporations & Associations - 1) Should CSA have applied the collateral order doctrine to Petitioner's appeal of the lower court order when all of the receivership estate's assets will be distributed and/or dissipated by the time a final judgment is entered and resolution of Petitioner's substantive arguments will conclusively determine the propriety of the receivership? 2) Did CSA wrongly deny Petitioner's appeal rights granted pursuant to Courts & Jud. Proc. Art. § 12-303(3)(iv) from a trial court order which converted the receivership from a statutory to an equitable receivership?
February 2014 Schedule
Date Docket # Title
02-11-14 AG No. 55 (2012 Term) In the Matter of the Petition for Reinstatement of Louis Peter Tanko, Jr. to the Bar of Maryland
 
02-11-14 AG No. 49 (2012 Term)  Attorney Grievance Commission of Maryland v. Joseph Lee Friedman
 
02-11-14 No. 53   Joseph Leon Hall, Jr. v. State of Maryland

Issues - Criminal Law - 1) Did CSA err in concluding that Petitioner's argument regarding a “scientific or investigative techniques” jury instruction was unpreserved for appellate review despite defense counsel's objection to the instruction during trial? 2) To what extent is Evans v. State, 174 Md.App. 548, 922 A.2d 620 (2007) still good law? 3) Did the trial court abuse its discretion in providing the “anti-CSI effect” instruction? 4) Did CSA err in regarding any error by the trial court as harmless beyond a reasonable doubt?
02-11-14 No. 59  Victoria Falls Committee for Truth in Taxation, LLC, et al. v. Prince George's County, Maryland

Issues - Taxation - 1) When a request is made to a county to create a voluntary Special Taxing District (STD) under MD Code Ann., Art. 24 § 9-1301(d)(1), by the requisite supermajority of property owners, and subsequent property ownership changes reduce the voluntary supermajority to a minority before the request is acted upon by the county, may the county nevertheless approve the STD on the basis of the original request? 2) When a voluntary STD is proposed and approved, and special obligation bonds are issued by a county to fund infrastructure for a particular development, may the county exclude from the STD some of the properties in the development in order to satisfy the supermajority requirement in MD Code Ann., Art. 24 § 9-1301(d)(1) given that under § 9-1301(c)(2)(i) the purpose of the taxing authority is to fund such infrastructure for a “defined geographic region within the county”?
02-10-14 No. 58 Joshua Tripp Ellsworth v. Baltimore Police Department

Issue - Public Safety (LEOBR) - Does the requirement to disclose “any exculpatory evidence”, pursuant to the Law Enforcement Officer's Bill of Rights (LEOBR), MD Pub. Safety § 3-104(n)(1), require a police department to disclose evidence impeaching a prosecution witness?
02-10-14 No. 56 Bonita H. Marshall v. Safeway, Inc.

Issues - Labor & Employment - 1) Did CSA err in holding that the Wage Payment Law does not allow suit against an over-garnishing employer? 2) Did CSA err in holding that Petitioner was paid all wages due her despite the over-garnishment of her wages because the excess was turned over to a creditor? 3) Did CSA err in holding that the availability of a remedy against the garnishor in the District Court precludes any remedies against an over-garnishing employer under the Wage Payment Law? 4) Did CSA err in accepting Respondent's testimony regarding changed policy despite its refusal to comply with discovery requests and where the trial court failed to rule on Petitioner's motion to compel discovery and where CSA stated that the discovery sought was relevant only to numerosity and that Petitioner otherwise failed to allege that the lack of discovery prevented her from supporting her motion for class certification? 5) Did CSA err in failing to draw from Respondent's failure to produce its records the inference that the records would have shown that Respondent had not changed its practices? 6) Did CSA err in affirming the denial of class certification? 7) Did the trial court err in not ruling on Petitioner's motion to compel discovery and its ultimate denial of the motion to compel as moot in light of its denial of class certification? 8) Did CSA err in affirming the denial of Petitioner's claims for declaratory and injunctive relief? 9) Did CSA err in holding that Petitioner's claim for monetary damages was mooted by the tender to her of full monetary relief, even though she rejected and returned the tender?
02-10-14 No. 23 David Bernstein v. William Ely

Issues - Constitutional Law - 1) Did the lower court err in denying Petitioner's motion to vacate judgment and dismiss the complaint in a summary ejectment matter when there was evidence of irregularities in service of process, that defective service prevented Petitioner from raising defenses to the complaint, and that even if service of process is deemed sufficient Petitioner had no actual notice of the proceeding until after trial? 2) Did the lower court err when, upon granting Petitioner's motion to hear the appeal on the record, it denied Petitioner's request that the argument be postponed until a transcript could be forwarded to the court and Petitioner could file an appellant's memorandum as required by Md. Rule 7-113?
02-07-14 No. 46 Wardell Monroe Brooks v. State of Maryland

Issues - Criminal Law - 1) Where the defense seeks to impeach a witness at trial pursuant to MD Rules 5-613 and 5-616 using a prior inconsistent statement to police, must the extrinsic evidence of the prior inconsistent statement take the form of testimony by the police officer who took the statement or may the properly authenticated police report be used? 2) What is the appropriate standard of review for a trial court's ruling concerning the admission of impeachment evidence? 3) Did the trial court err by admitting testimony by a nurse, accepted as an expert in forensic nursing examinations with an emphasis in sexual assault”, concerning the victim's injuries? 4) Did CSA err in holding that even if the nurse's testimony was inadmissible, the error was harmless? 5) Did the trial court err in failing to merge false imprisonment into first degree rape for sentencing purposes?
02-07-14 No. 55 Blackburn Limited Partnership d/b/a Country Place Apartments, et al. v. Alicia Daley Paul

Issues - Torts - 1) Did CSA abrogate 80 years of law holding that property owners owe no duty to trespassers onto their property? 2) Did CSA err in concluding that evidence of a violation of regulations created a duty from a property owner to a trespasser? 3) Has CSA improperly applied COMAR regulations retroactively contrary to the legislative history and the specific language of the regulations?
02-07-14 No. 57 Kevin J. Shannon, et al. v. Mafalda Fusco, et al.

Issues - Torts - 1) Did CSA err in vacating the judgment of the trial court on the grounds that the trial court improperly excluded expert testimony concerning the material risks of the drug Amifostine in an informed consent action? 2) Was summary judgment and/or judgment in Petitioner's favor mandated as a matter of law on the informed consent claim? 3) Did CSA err in failing to consider the relevance and/or prejudicial effect of the expert's limited testimony on remand?
02-06-14 Bar Admissions  
02-06-14 No. 61 James Szwed v. State of Maryland

Issue - Criminal Law - Did the trial court err in accepting Petitioner's purported waiver of jury trial and in proceeding with a bench trial?
02-06-14 No. 54 Chadwick Michael Nalls v. State of Maryland

Issues - Criminal Law - 1) Must Petitioner's jury trial waiver and subsequent conviction in a bench trial because the trial judge failed to determine and announce on the record that Petitioner was knowingly and voluntarily waiving his right to a jury trial as expressly required by Md. Rule 4-246? 2) Is the reversal of a lawful conviction the only appropriate sanction for a non-substantive violation of Rule 4-246(b)? 3) Did CSA err in finding that Petitioner's conviction for third degree sexual assault should be vacated?
02-06-14 No. 71 Devon Edward Morgan v. State of Maryland

Issue – Criminal Law – 1) Did the trial court err in accepting Petitioner’s waiver of jury trial without finding and announcing that the waiver was knowing and voluntary?
02-06-14 No. 95 Justin Allen Melvin v. State of Maryland

Issue – Criminal Law – Must Petitioner’s jury trial waiver and subsequent conviction in a bench trial be set aside because the trial judge failed to determine and announce on the record that Petitioner was voluntarily waiving his right to a jury trial as required by Md. Rule 4-246?
January 2014 Schedule
Date Docket # Title
01-14-14 AG No. 52 (2012 Term) Attorney Grievance Commission of Maryland v. Melissa Donnelle Gray
 
01-14-14 AG No. 62 (2012 Term) Attorney Grievance Commission of Maryland v. Steven Gene Berry
 
01-14-14 No. 51

Kivi Kennedy v. State of Maryland

Issue - Criminal Law - Did the trial court err in not ordering a competency evaluation and making a competency determination, when defense counsel informed the court that he had trouble communicating with his client, that his client was unable to assist in his defense, and requested that his client be evaluated?
01-13-14 No. 49 Cervante Pearson v. State of Maryland

Issues - Criminal Law - 1) Did the trial court err in refusing to ask in voir dire whether any member of the jury panel, or any member's family, friend or acquaintance, had been the victim of a crime? 2) Did the trial court err in refusing to ask in voir dire whether any member of the jury panel was employed by or knew anyone who was employed by a law-enforcement agency? 3) Is Davis v. State, 333 Md. 27 (1993), which held that it was within the trial court's discretion to refuse to ask whether anyone in the venire panel was a member of law enforcement still good law in light of Dingle v. State, 361 Md. 1 (2000), which cited extensively as persuasive authority the Davis dissent?
01-13-14 AG No. 69 (2012 Term) Attorney Grievance Commission of Maryland v. James Albert Frost
 
01-13-14 AG No. 55 (2012 Term) In the Matter of the Petition for Reinstatement of Louis Peter Tanko, Jr. to the Bar of Maryland
 
01-13-14

No. 42

 Michael Gambrill v. State of Maryland

Issue - Criminal Law - Did the trial court err in denying petitioner's request for a postponement without complying with the requirements of Maryland Rule 4-215(e) regarding discharge of counsel?
01-10-14 Bar Admissions  
 
01-10-14 No. 45 Jamaal Garvin Alexis v. State of Maryland

Issues - Criminal Law - 1) Did the trial court err by disqualifying petitioner's attorney, who had previously represented a State's witness, when the witness refused to waive the conflict of interest and appellant's counsel had arranged for co-counsel to cross-examine the witness? 2) Are consecutive sentences appropriate where petitioner was convicted of two counts of solicitation where both counts were predicated on the same evidence?
01-10-14 No. 50 Shih Ping Li v. Tzu Lee

Issue - Family Law - Does an attorney's failure to comply with obtaining informed consent confirmed in writing pursuant to the MD Rules of Professional Conduct render a separation agreement voidable at the election of the client who did not give written confirmation of informed consent?
01-10-14 No. 47 James Lambert v. State of Maryland

Issues - Criminal Law - 1) Should a trial court's order directing “no contact” between competent, married persons as a condition of probation in a domestic violence case be evaluated under the same standard as a similar order between strangers and, if not, is the order per se unconstitutional? 2) Whether the trial court's denial without a hearing of a motion for reconsideration of the order forbidding contact was unreasonable where the married couple were seeking contact for the purposes of marital counseling? 3) Whether a narrowing standard is necessary to restrict a Court's ability to limit contact between married persons and, more generally, competent parties to a privileged relationship?
01-09-14 Bar Admissions  
 
01-09-14 AG No. 80 (2012 Term) Attorney Grievance Commission of Maryland v. Glenn Charles Lewis
 
01-09-14 AG Nos. 30 & 40 (2011 Term) Attorney Grievance Commission of Maryland v. Lawrence Paul Pinno, Jr.
 
01-09-14 No. 52 Motor Vehicle Administration v. April Marie Deering

Issue - Transportation Law - Did the Administrative Law Judge correctly uphold the suspension of a motorist's driver's license for drunk driving under Transp. Art. § 16-205.1 based on a breath test result that showed the motorist had a blood alcohol concentration of 0.16, notwithstanding the detaining officer's denial of the motorist's request to speak to an attorney before submitting to the officer's request that she take an alcohol concentration test?
01-09-14 No. 48 Kara Keller v. Charles J. Serio and GEICO Insurance Company

Issue - Insurance Law - Whether the failure to instruct the jury about the reason the plaintiff's underinsured motorist carrier is a party to a tort suit is reversible error?
December 2013 Schedule
Date Docket # Title
12-10-13 AG No. 5 Attorney Grievance Commission of Maryland v. Sandra Lynn Reno
 
12-10-13 AG No. 38 (2012 Term) Attorney Grievance Commission of Maryland v. John Mark McDonald
 
12-10-13 No. 39 Thaddus Roberts v. Montgomery County, Maryland

Issues - Workers' Compensation - 1) Did CSA err in upholding the denial of workers' compensation to Petitioner, when he was involved in a car accident while on duty, being paid, and traveling between an employer-encouraged physical training session and his place of employment? 2) Did CSA err in holding that the “going and coming” rule bars Petitioner entitlement to workers' compensation benefits? 3) Did CSA err in upholding the denial of workers' compensation to Petitioner where its decision was premised on facts not contained in the record?
12-10-13 No. 35 Dwayne Scriber v. State of Maryland

Issue - Transportation Law - Did the lower court err in denying Petitioner's motion to dismiss charges of fleeing and eluding under Trans. Art. § 21-904 based on double jeopardy where the District Court had previously acquitted him of willfully disobeying a lawful order or direction of a police officer under Trans. Art. § 21-103(a)?
12-09-13 AG No. 6 Attorney Grievance Commission of Maryland v. Michael Ron Worthy
 
12-09-13 No. 34 Delford Mitchell Barnes v. State of Maryland

Issues - Criminal Law - 1) When search and seizure warrants for DNA and fingerprints have been fully executed, is the individual's continued detention in violation of the Fourth Amendment in the absence of probable cause to arrest or is the continued detention justified by reasonable suspicion that the person committed the crime under investigation? 2) Was the detention of Petitioner justified under the applicable standard? 3) When an individual has been transported to a police station in order to execute a search of the person, is it reasonable for police to prolong the detention by delaying execution of that search warrant pending a search of the individual's residence? 4) Was Petitioner's detention prior to the execution of the DNA and fingerprint warrants reasonable? 5) Is the Fourth Amendment unlawful detention argument preserved for appellate review when Petitioner's brief before CSA argued only that the continued detention rendered his subsequent consent to search involuntary?
12-09-13 No. 38 Daniel Joseph Dodge v. State of Maryland

Issues - Criminal Law - 1) Did the trial court err in admitting the statements the victim made to a registered nurse in a hospital during a sexual assault forensic examination under Rule 5-803(b)(4) (“statements in contemplation of medical diagnosis or treatment”) based on the totality of the circumstances? 2) Did Petitioner preserve this argument for review where the grounds for the claim given at trial were different than those advanced on appeal? 3) Did the trial court err in excluding impeachment evidence that the victim had dreamed about, or could not remember, a sexual incident unrelated to this case?
12-06-2013 No. 36 Gore Enterprise Holdings, Inc. v. Comptroller of the Treasury
Future Value, Inc. v. Comptroller of the Treasury

Issues - Taxation - 1) Did CSA err in applying a unitary business standard to establish a nexus between taxpayers and the State in a situation where patent royalties and interest paid by a parent corporation to its wholly-owned subsidiaries are claimed as business expenses in Maryland? 2) Did CSA misinterpret this Court's opinions about “economic substance” and understand it as a synonym for the unitary business principle? 3) Did CSA lower the showing required to disregard the corporate form by holding that a subsidiary is, in effect, a division of the parent, doing business everywhere the parent does business? 5) Did CSA err in holding that a MD regulation regarding the apportionment of tax liability for multi-state corporations was inapplicable to the situation at hand? 6) Did CSA err in defining the “use” of a patent to include the manufacture or sale of a product by a patent licensee?
12-06-2013 No. 43 Marshall Thompkins, et ux. v. Mortgage Lenders Network USA, Inc., et al.

Issues - Commercial Law - 1) Is an assignee of a secondary mortgage subject to the SMLL claims that could be raised by the borrower against the originating lender by operation of Com. Law Art., § 3-306, which provides that a person taking an instrument, other than a person having the rights of a holder in due course, is subject to a claim of a possessory or property right in the instrument or its proceeds? 2) Is an assignee of a secondary mortgage subject to the SMLL claims that could be raised by the borrower against the originating lender by operation of MD common law?
12-06-2013 No. 44 Konstantinos Karanikas v. Rachel Cartwright

Issue - Family Law - Did the trial court abuse its discretion in determining whether, how, and to what extent to permit the parties' daughter's testimony to be elicited?
12-05-2013 Bar Admissions  
 
12-05-2013 AG No. 4

This case is in two parts.

Part 1
Part 2		 Attorney Grievance Commission of Maryland v. Nikolaos Panagiotis Kourtesis
12-05-2013 No. 37 Tyrone Bryant v. State of Maryland

Issues - Criminal Law - 1) Is a claim that the State failed to present sufficient evidence for the imposition of a subsequent offender sentence reviewable on appeal as a challenge to an illegal sentence or, in the alternative, the judgment of the trial court under Rule 8-131(c)? 2) Did the trial court err in imposing an enhanced sentence of 25 years without parole where the State failed to prove that the predicate convictions belonged to Petitioner?
12-05-2013 No. 33 Ronald Alexander Hobby v. State of Maryland

Issues - Criminal Law - 1) Was the evidence presented at trial sufficient to sustain a conviction for theft over $100,000 or at any level? 2) Was the evidence presented at trial sufficient to sustain a conviction for burglary?
November 2013 Schedule
Date Docket # Title
11-05-2013 No. 29 Stephen Simmons v. State of Maryland

Issue - Criminal Law - Did manifest necessity exist to justify the declaration of a mistrial in a case where defense counsel's opening statement the jury was told that Petitioner had offered to take a lie detector test, where the prosecutor's objection to that statement was sustained and an immediate curative jury instruction was given, and where the prosecutor waited to request a mistrial for two days, until after four State witnesses had testified and after the trial court had ruled that an expert witness for the State would not be allowed to testify?
11-05-2013 No. 32 Franklin Credit Management Corporation v. Fred Nefflen

Issues - Civil Procedure - 1) Did the trial court err or abuse its discretion in entering a default judgment under Rule 2-613(f) where the complaint or the evidence the court considered at the default hearing established that the plaintiff's claims are legally invalid? 2) Does Rule 2-613(g) permit a circuit court to revisit a defendant's liability through a Rule 2-534 motion to alter or amend a default judgment?
11-05-2013 No. 10 The Brethren Mutual Insurance Company v. Ember Louise Buckley

Issue - Insurance Law - Did CSA err in ruling that respondent's breach of contract claim against petitioner for uninsured motorist benefits was preserved despite the fact that she executed a release that, under its plain language, released all claims arising out of her accident against “all persons, firms or corporations” because such a global release complied with the settlement procedures set out in MD. Code Ann. Ins. § 19-511?
11-04-2013 No. 30 Wilhelmina Bradford v. JAI Medical Systems Managed Care Organization, Inc.

Issue - Health Law - Did CSA err when it ruled that as a matter of law the evidence was insufficient to establish that the concededly negligent podiatrist was the apparent agent of Respondent?
11-04-2013 No. 28 Hubert Allen Wood v. State of Maryland

Issues - Criminal Law - 1) Where Petitioner's counsel filed a request for a competency evaluation that was later withdrawn with the Petitioner's concurrence, was the trial court required to determine, on evidence contained in the record, whether Petitioner was competent to stand trial pursuant to Crim. Proc. Art § 3-104(a) and/or as a matter of due process? 2) Was the trial court required to explicitly state on the record its determination of Petitioner's competency or does the implicit determination expressed in the trial court allowing Petitioner to withdraw his request for a competency evaluation suffice? 3) Did CSA err in holding that the trial court “implicitly determined” that Petitioner was competent to stand trial? 4) Did CSA err in its determination that Petitioner had not presented enough evidence to generate a jury instruction on legally adequate provocation?
11-04-2013 No. 31 TIG Insurance Company, et al. v. Monongahela Power Company, et al.

Issues - Insurance Law - 1) Did CSA err when it held that an insurance policy becomes effective upon an insurer's issuance of a proposed policy to the policyholder? 2) Did CSA err when it affirmed that Pennsylvania law applied to interpretation and application of the terms of the insurance policies at issue in this case?
11-01-2013 No. 25

This case and No. 27, below, were argued together.		 Montgomery County, Maryland v. Khana Soleimanzadeh, et al.

Issues - Real Property - 1) Where there is no genuine dispute of material fact as to the valuation of a property taken in an eminent domain proceeding, may the trial court enter judgment pursuant to MD Rule 2-501 in favor of the condemnor as a matter of law? 2) Does a condemnee have a constitutionally protected right to have a jury determine just compensation even when sanctions against the condemnee prohibit the condemnee from introducing evidence in support of a claim for just compensation and the condemnee fails to show the existence of a dispute of material fact as to the compensation to be awarded? 3) Does a condemnee have a burden to produce evidence when it disputes a condemnor's estimate of fair market value? 4) Did the award of summary judgment in favor of the condemnor impair the condemnees' right to a jury trial? 5) Can the right to a jury trial in an eminent domain proceeding be waived by the landowner's failure to follow clearly proscribed rules?
11-01-2013 No. 27

This recording is for No. 25, above. The cases were argued together.		 Montgomery County, Maryland v. Joseph Soleimanzadeh

Issues - Real Property - 1) Where there is no genuine dispute of material fact as to the valuation of a property taken in an eminent domain proceeding, may the trial court enter judgment pursuant to MD Rule 2-501 in favor of the condemnor as a matter of law? 2) Does a condemnee have a constitutionally protected right to have a jury determine just compensation even when sanctions against the condemnee prohibit the condemnee from introducing evidence in support of a claim for just compensation and the condemnee fails to show the existence of a dispute of material fact as to the compensation to be awarded? 3) Does a condemnee have a burden to produce evidence when it disputes a condemnor's estimate of fair market value? 4) Did the award of summary judgment in favor of the condemnor impair the condemnees' right to a jury trial? 5) Can the right to a jury trial in an eminent domain proceeding be waived by the landowner's failure to follow clearly proscribed rules?
11-01-2013 No. 26 Wesley Torrance Kelly v. State of Maryland

Issues - Criminal Law - 1) Did the trial court err in denying Petitioner's motions to suppress evidence obtained as a result of the warrantless placement and subsequent tracking of a global positioning system (“GPS”) device on Petitioner's vehicle? 2) Did CSA err when it held that the good faith exception to the exclusionary rule applies in a situation where no “binding appellate precedent” existed that authorized the placement and tracking of a GPS device for purposes of establishing probable cause to arrest?
11-01-2013 No. 24 Noel Tshiani v. Marie-Louise Tshiani

Issues - Family Law - 1) Does MD recognize under the principle of comity foreign wedding ceremonies where the groom participated only by telephone? 2) Does MD require the physical presence of both parties at a wedding ceremony in order for the marriage to be valid?
10-31-2013 Bar Admissions  
 
10-31-2013 AG No. 36 (2012 Term) Attorney Grievance Commission of Maryland v. George Jacob Geesing
 
10-31-2013 No. 22 Montgomery, County Maryland v. John Distil

Issues - County Government - 1) Can the County enforce a permissive user clause in its self-insurance guarantee that excludes insurance coverage to County employees who use their county-owned vehicles outside the scope of the permissive use and can the County seek reimbursement from the employee for the damages incurred? 2) Does the collective bargaining agreement between the Fraternal Order of Police, Lodge 35, and the County bar the County from subrogating against a police officer for the cost of repairs to his county vehicle that was driven in violation of the vehicle use policy?
October 2013 Schedule
Date Docket # Title
10-08-2013 No. 11 Emmanuel Ford Robinson v. State of Maryland

Issues - Criminal Law - 1) Where a co-defendant who entered a plea of guilty testified as a defense witness at petitioner's trial, did the trial court err in permitting the State, in the guise of cross-examination, to read into the record a statement of facts proffered at the co-defendant's guilty plea hearing but never adopted by the co-defendant? 2) Did the trial court abuse its discretion in preemptively giving the jury a "scientific or investigative techniques" instruction where defense counsel merely stated in opening statement that the lack of physical evidence demonstrated the absence of proof beyond a reasonable doubt and where defense counsel never mischaracterized the law?
10-08-2013 No. 21 American Bank Holdings, Inc. v. Brian Kavanagh, et al.

Issues - Civil Procedure - Does the denial of a motion to compel arbitration constitute an appealable final judgment under MD law?
10-08-2013 No. 19 Clara A. Henriquez Aleman v. State of Maryland

Issues - Transportation Law - 1) Does the dangling of an item or items from the inside rearview mirror constitute reasonable ground for a traffic stop on the grounds of operating a motor vehicle with an obstructed view? 2) Is MD Transp. Art. § 21-1104(c)(1) (2012) without clear guidance to the motoring public and law enforcement so as to be unconstitutionally vague?
10-07-2013 AG No. 39 (2012 Term) Attorney Grievance Commission of Maryland v. David Eugene Bocchino
 
10-07-2013 No. 14 Terry Wayne Hammonds v. State of Maryland

Issues - Criminal Law - 1) Can an individual be found a month after the fact to have been in direct contempt of court for tearing up court documents in the back of the courtroom after the court has moved on to another matter and where the court made no comment or finding of contempt at the time and there is no evidence that the proceedings were interrupted by the behavior? 2) Can MD Crim. Law Art. §9-303(a)'s proscription against threatening to harm a reporting witness be violated without that threat of retaliation being made directly to the witness or with the intent that the threat be conveyed to the witness? 3) Did the trial court improperly revoke Petitioner's probation for acts and comments which the court deemed to constitute direct contempt and a violation of MD Crim. Law. Art.§9-303(a)?
10-07-2013 No. 9 Taquez Price v. State of Maryland

Issues - Criminal Law - 1) Should petitioner's inculpatory statement at a post-indictment initial appearance, made in direct response to the trial court's question about appropriate bond, have been suppressed? 2) Did the trial court violate Edwards v. Arizona, 451 U.S. 477 (1981), by continuing to conduct a hearing and questioning petitioner after petitioner stated he had an attorney and provided his attorney's name to the court? 3) Does a defendant have a statutory and Sixth Amendment right to counsel at a post-indictment initial appearance and bond review? 4) Did CSA err in ruling that petitioner's statutory and Sixth Amendment right to counsel arguments were waived? 5) Was petitioner's direct response to the trial court's question about bond too ambiguous and equivocal to be admissible as a matter of MD evidentiary law? 6) Was petitioner's Edwards v. Arizona argument regarding the bail review hearing properly preserved for appellate review?
10-04-2013 No. 16 Brittany Ellis v. Housing Authority of Baltimore City

Issues - Torts - 1) Did the trial court err in granting Appellee's motion for summary judgment on the grounds that Appellant failed to comply with the notice requirement of Cts. & Jud. Proc §5-304? 2) Did the trial court abuse its discretion in declining to grant Appellant's motion to waive the notice requirement for good cause? 3) Is the notice requirement, as applied to an injured minor's claim for lead poisoning against a housing authority, an unreasonable restriction upon a traditional remedy and to the minor's access to the courts in violation of Art. 19 of the MD Declaration of Rights?
10-04-2013 No. 17 Tyairra Johnson v. Housing Authority of Baltimore City

Issues - Torts - 1) Did the trial court err in granting Appellee's motion for summary judgment on the grounds that Appellant failed to comply with the notice requirement of Cts. & Jud. Proc §5-304? 2) Did the trial court abuse its discretion in declining to grant Appellant's motion to waive the notice requirement for good cause? 3) Is the notice requirement, as applied to an injured minor's claim for lead poisoning against a housing authority, an unreasonable restriction upon a traditional remedy and to the minor's access to the courts in violation of Art. 19 of the MD Declaration of Rights?
10-04-2013 No. 18 Housing Authority of Baltimore City v. Amafica K. Woodland

Issues - Torts - 1) Did the trial court err as a matter of law in finding substantial compliance with the Local Government Tort Claims Act ("LGTCA")? 2) Did the trial court abuse its discretion in finding good cause to excuse compliance with the notice requirement of the LGTCA? 3) Did the trial court err by not permitting Appellant to present evidence that it acted reasonably by complying with the applicable requirements of the Reduction of Lead Risk in Housing Act in effect at the time of the occurrence? 4) Did the trial court err by admitting hearsay evidence of lead paint at the property, which evidence lacked circumstantial guarantees of trustworthiness?
10-03-2013 Bar Admissions  
 
10-03-2013 No. 13 James Kulbicki v. State of Maryland

Issues - Criminal Law - 1) Does a conviction obtained through the use of scientific evidence that is later demonstrated to be unreliable, misleading, and inadmissible violate a defendant's guarantee of due process? 2) Does the use of perjured expert testimony by a State expert violate a defendant's due process rights when the perjured testimony involves the expert's qualifications and background? 3) Does the failure of defense counsel to investigate or challenge the State's scientific evidence and failure to object to the scope of the State's closing arguments constitute ineffective assistance of counsel? 4) Did CSA err in stating that the State is chargeable with the "knowing use of perjured testimony" where the falsity is unknown at the time of the testimony?
10-03-2013 No. 12 State Center, LLC, et al. v. Lexington Charles Limited Partnership, et al.

Issues - State Government - 1) Did the trial court err in concluding that the State Center Project violates state procurement law on the grounds that the project is not a simple disposition of land but "a complex, creative way to develop" land owed by the State that should have been subject to the requirement of competitive sealed proposals? 2) Does the Circuit Court for Baltimore City lack jurisdiction to address appellee's claim that the project violates state procurement law because such claims fall within the primary or exclusive jurisdiction of the MD State Board of Contract Appeals? 3) Do appellees lack standing, under the taxpayer standing theory, to challenge the project because they failed to allege facts to support either their claim of illegal, ultra vires action or their contention that they will suffer special damage if the project proceeds? 4) Did the trial court err in declining to review the belated designation of the project as a Transit-Oriented Development, a designation which permitted the project to be prioritized and receive substantial site-selection and other benefits?
10-03-2013 No. 15 In Re: Victoria C.

Issues - Juvenile Law-CINA - 1) Should the best interest standard for treatment of juveniles adjudicated to be CINA be adhered to by juvenile courts regardless of whether that CINA has achieved the age of majority? 2) Should the analytical framework for considering adult visitation of children developed in In re: Tamara R., 136 Md.App. 236 (2000), and Koshko v. Haining, 398 Md. 404 (2007), be amended so that adult siblings seeking visitation have a different standard? 3) Did CSA err in applying a de novo rather than abuse of discretion or clearly erroneous standard when reviewing the decision of the juvenile court?
10-03-2013 No. 20 Melvin D. Williams v. State of Maryland

Issues - Criminal Law - 1) Where Petitioner states unequivocally and conspicuously his desire to discharge his attorney in a letter filed with the trial court, is the court required to comply with the requirements of MD Rule 4-215(e), without the need for Petitioner to repeat the request in open court? 2) Did CSA misinterpret MD Crim. Law Art. § 9-408 (2002, 2011 Cum. Supp.) in upholding Petitioner's conviction for resisting arrest where the force allegedly used in resisting arrest was "employed against someone other than the police officer who is attempting to effectuate the arrest"?
September 2013 Schedule
Date Docket # Title
09-11-2013 No. 89 (2012 Term) 101 Geneva LLC v. Ethel E. Wynn, et al.

Issues - Real Property - (1) Does the trial court, in a foreclosure sale involving a third-party purchase, have the authority to sua sponte undertake what are tantamount to "Exceptions to the Sale" when none are taken in a timely fashion by the Borrower nor any interested party, and thereafter, despite uncontested opposition, vacate the sale based on Maddox v. Cohn? (2) Is the trial court's issuance of a Notice of Non-Compliance pursuant to Rule 14-207.1 proper once a foreclosure sale has occurred and is Rule 14-207.1 applicable to the trial court, acting sua sponte, for post-foreclosure sale reviews performed beyond the timeframe of the Rules (i.e. Md. Rule 14-305(e)) which calls for the ratification of the sale? (3) Is the right of the trial court to act sua sponte in objecting to the "fairness or properness" of the sale barred by failing to undertake an equitable review within 60 days of the filing of the Report of Sale or the time when Exceptions were due and were not filed, or if they were filed, were denied? (4) Did the trial court err in setting forth a "policy" relative to the decision in Maddox v. Cohn, which it has improperly retroactively applied uniformly to all foreclosure sales in Montgomery County in violation of Md. Rule 1-102? (5) Does the imposition of this "policy" by the trial court in vacating the sale, in lieu of denying ratification for cause pursuant to Md. Rule 14-305(e), constitute a violation of the due process clauses of the Federal and State Constitutions, by effectively denying the (Substitute) Trustees the right of appeal?
09-11-2013 No. 98 (2012 Term) Jamar Holt v. State of Maryland

Issues - Criminal Law - 1) Did CSA err in finding reasonable articulable suspicion to seize Petitioner based on the actions of another individual and Petitioner's association with that individual? 2) Did CSA err in holding that any new crime committed by a defendant after an illegal stop by the police purges the Fourth Amendment taint of the police's illegal conduct?
09-11-2013 No. 5 Susan Mummert, et al. v. Massoud B. Alizadeh, et al.

Issue - Torts - Under MD law, is a wrongful death beneficiary's right to file a lawsuit contingent upon the decedent's ability to bring a timely negligence claim on the date of her death?
09-10-2013 AG No. 68 (2012 Term) Attorney Grievance Commission of Maryland v. Patrick Edward Vanderslice
 
09-10-2013 No. 120 (2011 Term) Millicent Sumpter v. Sean Sumpter

Issue - Constitutional Law - Did the lower court err in refusing to vacate & remand the case to the trial court when the parties & the best interest attorney were not provided a copy of the custody investigation report in violation of constitutional due process?
09-10-2013 No. 99 (2012 Term) BJ's Wholesale Club, Inc. v. Russell Rosen, Individually, etc., et al.

Issues - Torts - 1) In limiting its analysis and holding to "commercial enterprises," did CSA incorrectly create a distinction not previously recognized in determining the validity of exculpatory agreements in MD? 2) Did CSA err in both disregarding and misinterpreting MD public policy in adopting what it described as the "majority view"? 3) Did CSA err in applying the same flawed public policy rationale in holding the indemnification clause invalid?
09-09-2013 AG No. 83 (2011 Term) Attorney Grievance Commission of Maryland v. Anthony Maurice Harmon
 
09-09-2013 No. 3 Carolyn Delorise Patton v. Wells Fargo Financial Maryland, Inc.

Issues - Commercial Law - 1) Did the trial court err by applying the wrong statute of limitations when it held that Plaintiff's claims brought pursuant to Title 12, Subtitle 10 of the Commercial Law Code were time-barred pursuant to Title 12, Subtitle 7 of the Commercial Law Code? 2) Did the trial court err in dismissing Plaintiff's breach of contract claim on the basis that Wells Fargo could not be sued for its failure to follow the law selected as the governing law in the Retail Installment Sale Contract?
09-09-2013 No. 8 State of Maryland v. Stanley Goldberg, et al.

Issue - Real Property - Is legislation substituting one remedy for failure of a ground lease tenant to pay rent (lien and foreclosure) for another (ejectment) a permissible alteration of remedies that does not impermissibly abrogate vested rights of ground lease owners?
09-04-2013 Bar Admissions  
 
09-04-2013 AG No. 2 (2011 Term) Attorney Grievance Commission of Maryland v. Michelle Hamilton Davy
 
09-04-2013 No. 1 Hector Butler, Jr. v. S&S Partnership, et al.

Issues - Torts - 1) In a lead paint case, where the plain language of the scheduling order provided that "Defendants who still own a subject property" shall be permitted to attend the lead test of that property, did CSA err in ruling that the Plaintiff was required to have notified the Defendants and to have permitted attendance at a lead test conducted at a property which was not still owned by a defendant? 2) Did the motions court err in imposing discovery sanctions on Plaintiff when no discovery motion was ever made by the Defendant, no objection was ever made regarding the discovery violations, and the court itself raised the discovery issues for the first time sua sponte in open court at a hearing on an unrelated motion with no advance notice to the Plaintiff that a sanctions motion was being considered by the court? 3) In a lead paint case located in Baltimore City, where the cause of action is based on MD's Consumer Protection Act, must a Plaintiff prove the existence of chipping, peeling and/or flaking paint at the inception of a lease, or is proof of any violation of the Baltimore City Housing Code which is present at least inception and ultimately proximately causes an injury sufficient for a prima facie case for violation of the misrepresentation provisions of the CPA? 4) Did the trial court correctly grant summary judgment for Defendant because it was "unimpressed" with Plaintiff's evidence or did it thereby make an impermissible credibility determination?
09-04-2013 No. 2

We apologize. The first few minutes of this recording have been lost due to technical difficulties		 Flora Lipitz, et al. v. William A. Hurwitz

Issues - Real Property - 1) Did CSA evade the normal process of determining the existence of an ambiguity in statutory language by not asking whether the statute is "plainly susceptible of more than one meaning" or whether there is "a doubt" as to the General Assembly's intent? 2) Where a statute grants to a "member of the public" a right to cancel a contract to purchase real property in a homeowner's association development if certain information is not furnished to the purchaser, does a purchaser qualify as a "member of the public" if he already owns other property in the development, has lived there for nine years, already possesses the requisite information, and rejects the seller's post-contract efforts to give him any information he needs? 3) Did CSA err in its analysis of whether the construction of the statute leads to a result which is "absurd, illogical, or inconsistent with common sense"? 3) Where a statute grants a purchaser of real property a right of cancellation if certain disclosures are not made, does the doctrine of equitable estoppel bar the purchaser from exercising that right where the purchaser already has knowledge of all matters for which disclosure is required and he declined the seller's request to provide him with the required information?
09-04-2013 No. 79 (2012 Term) Shelton Burris a/k/a Tyrone Burris v. State of Maryland

Issues – Criminal Law – (1) Whether it was error for the trial court to admit extensive gang-related evidence, including expert testimony, that Petitioner was a member of the Black Guerrilla Family gang? (2) Whether CSA erred in holding that expert testimony on gangs was admissible to explain why several witnesses recanted prior to trial?