PETITIONS FOR WRIT OF CERTIORARI
September Term, 2025
Granted March 9, 2026
In re: D.E. – Case No. 59, September Term, 2025
Issues – Courts & Judicial Proceedings – 1) Under the jurisdictional provision of the Juvenile Justice Reform Act, § 3-8A-03(a) of the Courts & Judicial Proceedings Article (excluding twelve-year-old children except in certain circumstances), is the juvenile court divested of jurisdiction where the State fails to sustain the enumerated offense that established the basis for jurisdiction? 2) Because twelve-year-old children who are “alleged to have committed” a misdemeanor alone cannot be brought within the juvenile court’s jurisdiction, does a twelve-year-old’s delinquency finding on a misdemeanor violate equal protection?
In re: K.B. – Case No. 60, September Term, 2025
Issue – Family Law – May a juvenile court exclude a child party from a CINA hearing only upon individualized, evidence-based findings of good cause, and not based on generalized, age-related assumptions, where the child’s presence is presumed, the child wishes to attend, and counsel deems the child’s participation necessary?
Chase Marco Wilson v. State of Maryland – Case No. 2, September Term, 2026
Issues – Criminal Law – 1) When a criminal defendant presents evidence that he acted under an honest but mistaken belief of facts which, if true, would negate the mental state elements required for murder, may a trial court refuse a requested mistake-of-fact instruction on the ground that the concept is “fairly covered” by general instructions on perfect and imperfect self-defense? (from the petition for writ of certiorari). 2) Did ACM err because the mistake-of-fact jury instructions, as applied in this case, was not supported by “some evidence” to generate the instruction and because, even if the instruction were generated, it would not be error not to give it if it was fairly covered by the self-defense instruction? (from the cross-petition).
