Petitions for Writ of Certiorari --March 2006

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2005

 

Granted March 9, 2006

Steven Anthony Powell v. State of Maryland - Case No. 129, September Term 2005.

ISSUE - CRIMINAL LAW - DID THE DEFENDANT VALIDLY WAIVE HIS RIGHT TO A JURY TRIAL WHERE PURPORTEDLY THERE WAS NO EVIDENCE OR FINDING OF VOLUNTARINESS ON THE RECORD?

Tavony Wayne Zylanz v. State of Maryland - Case No. 130, September Term 2005.

ISSUE - CRIMINAL LAW - DID THE TRIAL COURT PROPERLY ACCEPT THE DEFENDANT'S KNOWING AND VOLUNTARY WAIVER OF HIS RIGHT TO A JURY TRIAL?

Eric Miller v. Bay City Property Owners Association, Inc. - Case No. 131, September Term 2005.

ISSUE - REAL PROPERTY - DID THE PROPERTY OWNERS ASSOCIATION PROPERLY FULFILL THE CONDITION NECESSARY TO ENFORCE A RECORDED IRREVOCABLE BOAT HARBOR RESERVATION IN A DEED FOR THE DEVELOPMENT OF A RESIDENTIAL SUBDIVISION?

Ernest James Myers v. State of Maryland - Case No. 132, September Term 2005.

ISSUE - CRIMINAL LAW - DOES THE MERE EXISTENCE OF AN OUTSTANDING ARREST WARRANT DISCOVERED AFTER A TRAFFIC STOP EXCUSE THE ILLEGAL STOP AND DETENTION OF THE DRIVER?

Prince George's County, Maryland v. Ray's Used Cars, et al. - Case No. 133, September Term 2005.

ISSUE - ADMINISTRATIVE LAW - MAY USED CAR DEALERSHIPS SEEKING TO CHALLENGE ZONING ORDINANCES PURSUE DECLARATORY OR INJUNCTIVE RELIEF WITHOUT FIRST EXHAUSTING AVAILABLE ADMINISTRATIVE REMEDIES?

Stanley R. Frankel v. Saraj Schlesinger Frankel - Case No. 134, September Term 2005.

ISSUE - FAMILY LAW - DOES A CHILD SUPPORT ORDER WHICH RELIES UPON A FATHER'S NON-INCOME PRODUCING ASSETS TO MAINTAIN THE CHILDREN IN A LIFESTYLE CREATED BY THE GRANDPARENTS VIOLATE MARYLAND LAW?

R. Alan Banks, Jr., et ux. v. Ira A. Pusey - Case No. 135, September Term 2005.

ISSUE - REAL PROPERTY - IS A PRESCRIPTIVE EASEMENT PRESUMED BY THE USE OF A LANE BY THIRD PARTIES INVITEES?

Clipper Windpower, Inc., et al. v. Paul C. Sprenger, et al. - Case No. 136, September Term 2005.

ISSUE - ADMINISTRATIVE LAW - IS A PERSON WHO DOES NOT FORMALLY INTERVENE IN A PUBLIC SERVICE COMMISSION PROCEEDING ENTITLED TO SEEK A REHEARING AND THEREBY STAY THE TIME LIMIT FOR FILING A PETITION FOR JUDICIAL REVIEW?

Robert L. Ehrlich, Jr., Governor, et al v. Flor Perez - Case No. 137, September Term 2005.

ISSUE - STATE FINANCE - WERE RESIDENT ALIENS ENTITLED TO BENEFITS UNDER THE STATE MEDICAL ASSISTANCE PROGRAM IN THE ABSENCE OF AN APPROPRIATION OF FUNDS FOR SUCH BENEFITS IN THE STATE BUDGET?

Nathaniel Cottman v. State of Maryland - Case No. 1, September Term 2006.

ISSUE - APPEALS - MUST AN APPELLATE COURT WITHDRAW ITS OPINION AND DISMISS THE APPEAL IF THE APPELLANT IS GRANTED A NEW TRIAL BEFORE THE OPINION IS ISSUED?

Comcast Sportsnet Mid-Atlantic, L. P. v. Baltimore Orioles, L.P., et al. - Case No. 2, September Term 2006.

ISSUE - CONTRACTS - WAS THE LICENSE AGREEMENT ALLOWING COMCAST SPORTSNET TO BROADCAST ON PAY TV ORIOLES BASEBALL GAMES PROPERLY INTERPRETED BY THE CIRCUIT COURT?

 

Denied March 7, 2006

Rosenweig v. Miller - Pet. Docket No. 609

 

Denied March 10, 2006

Adams, Peter Eli v. State - Pet. Docket No. 485
Anderson, Leighton F. v. State - Pet. Docket No. 521
Andresen v. Cohn - Pet. Docket No. 535
Bailey v. Jeter - Pet. Docket No. 486
Barnes, Kevin v. State - Pet. Docket No. 488
Buie, James William v. State - Pet. Docket No. 529
Cloyd, Lanard Anthony v. State - Pet. Docket No. 519
Cunningham, Andre M. v. State - Pet. Docket No. 492
Escalante, Marcos v. State - Pet. Docket No. 533
Fagan v. Fagan - Pet. Docket No. 527
Gatling, Philip J. v. State - Pet. Docket No. 495
Gerald, Ronald v. State - Pet. Docket No. 525
Gladhill, Austin Elmer III v. State - Pet. Docket No. 512
Groomes v. Laidlaw - Pet. Docket No. 504
Harris, Leonard Charles v. State - Pet. Docket No. 561
In Re: Aleah J. - Pet. Docket No. 522
In Re: Jessica Y. - Pet. Docket No. 534
Johnson, David S. v. State - Pet. Docket No. 523
Jones, Calvin L. Jr. v. State - Pet. Docket No. 526
Jordan, Anthony v. State - Pet. Docket No. 516
Lendmark v. Jester - Pet. Docket No. 489
McDermott v. Bowie - Pet. Docket No. 490
McQueen, Roger v. State - Pet. Docket No. 528
Morgan, Lawrence H. v. State - Pet. Docket No. 500
Mullen v. Dept. of Housing - Pet. Docket No. 510
Queenstown Welding v. Mastonadri - Pet. Docket No. 348
Riffin, James v. State - Pet. Docket No. 439
Rozen v. Greenberg - Pet. Docket No. 498
Sappington v. Sebour - Pet. Docket No. 506
Saville v. Scapa - Pet. Docket No. 514
Shiner v. Friedman - Pet. Docket No. 520
Smorgens v. Ford Motor - Pet. Docket No. 515
Tanko, Louis Peter Jr. v. State - Pet. Docket No. 398
Taylor v. Hubbard - Pet. Docket No. 491
Warren v. Board of Appeals - Pet. Docket No. 536
Wells Fargo v. Diamond Point - Pet. Docket No. 524
Williams, Erdly v. State - Pet. Docket No. 531
Winston v. King - Pet. Docket No. 502
Wolfe v. Maryland National Golf - Pet. Docket No. 496
Wright, Dion Leslie v. State - Pet. Docket No. 518