Petitions for Writ of Certiorari - January, 2020

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2019

 

Granted January 10, 2020

7222 Ambassador Road, LLC v. National Center on Institutions and Alternatives, Inc.- Case No. 66, September Term, 2019

Issue – Civil Procedure – Did CSA err when it affirmed the trial court’s ruling excluding all of Petitioner’s witnesses in the absence of the complaining party having filed any motion to compel or any motion for sanctions and when the trial court failed to consider or address any prejudice to the complaining party?

Walter Elenils Portillo Funes v. State of Maryland- Case No. 65, September Term, 2019

Issues – Criminal Law – 1) Did the trial court err in denying Petitioner’s motion to exclude the chemical breath test, where Spanish-speaking Petitioner was advised of his right to decline the test in English? 2) Did the trial court err in denying Petitioner’s motion to exclude the standardized field sobriety tests, where Petitioner was a Spanish speaker but the tests were performed in English?

State of Maryland v. James Kareen Day- Case No. 67, September Term, 2019

Issues – Criminal Procedure – 1) Must a criminal defendant seeking a belated motion for modification or reduction of sentence pursuant Md. Rule 4-345(e), based on ineffective assistance of counsel under the Sixth Amendment, establish in the post-conviction court that he or she specifically directed trial counsel to timely file that motion? 2) Did CSA err when it reversed, as clearly erroneous, the post-conviction court’s finding that Respondent had failed to provide competent evidence that he had asked his trial counsel to file a motion for modification or reduction of sentence on his behalf?

State of Maryland v. Darrayl John Wilson- Case No. 64, September Term, 2019

Issues – Criminal Law – 1) Regardless whether a collusive marriage confers spousal testimonial privilege, is evidence that the defendant-spouse arranged to marry in order to suppress the witness-spouse’s testimony under the cloak of privilege sufficient to satisfy the “corrupt means” element of the obstruction of justice and witness tampering statutes? 2) As a matter of first impression in Maryland, is a party to a collusive marriage precluded from invoking the spousal testimonial privilege? 3) If Respondent’s convictions are affirmed, does his conviction and sentence for witness tampering merge into his conviction and sentence for obstruction of justice, where both convictions are predicated upon one act – marrying his longtime girlfriend and the mother of his two children?

 

 

Denied January 24, 2020

Amster v. Prince George's Cnty. - Pet. Docket No. 323
Barclay, Jarred v. State - Pet. Docket No. 373
Beverly, Samuel, Jr. v. State - Pet. Docket No. 350
Brightwell, David v. State - Pet. Docket No. 217
Carver v. RBS Citizens, N.A. - Pet. Docket No. 339
Castruccio v. Barclay - Pet. Docket No. 327
Cunningham, RIcardo v. State - Pet. Docket No. 367
Gatewood, Antoine v. State - Pet. Docket No. 392
Hayes, Donte v. State - Pet. Docket No. 382
Heigh, Brandon Jarvis v. State - Pet. Docket No. 372
In the Matter of Petition of Everest Investment Advisors - Pet. Docket No. 365
Johnson, Devaughn Charles v. State - Pet. Docket No. 291
Keith, Darnell Rodriquez v. State - Pet. Docket No. 314
Maddox v. Brown - Pet. Docket No. 262
Martin, Charles Brandon v. State - Pet. Docket No. 357
Mei v. Mayor & City Council of Baltimore - Pet. Docket No. 324
Moise, Richard v. State - Pet. Docket No. 424
Moise, Richard D. v. State - Pet. Docket No. 311
Namasaka v. Bett - Pet. Docket No. 355
Nelson, Lindzell v. State - Pet. Docket No. 376
Nicklis v. Thompson - Pet. Docket No. 300
Owens-Harris v. Levin & Gann, P.A. - Pet. Docket No. 301
Reed v. WSSC - Pet. Docket No. 348
Robinson, Frederick v. State - Pet. Docket No. 236
Simmons v. Md. Management Co. - Pet. Docket No. 366
Singfield, Harold Malcolm v. State - Pet. Docket No. 320
Smith, Ikiem v. State - Pet. Docket No. 381
Stewart, Kevin v. State - Pet. Docket No. 353
Uma v. Benjamin Prop. Management Srvc. - Pet. Docket No. 276
Vicarini, Louis A. v. State - Pet. Docket No. 395
von Gundy, Dennis v. State - Pet. Docket No. 368
Washington v. Sec'y, Dept. Of Public Safety & Corr. Services - Pet. Docket No. 371
Waters, Brian v. State - Pet. Docket No. 370