Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2013

 

Granted December 20, 2013

Traimne Martinez Allen v. State of Maryland - Case No. 16, September Term, 2014

Issue – Criminal Law – Did the lower court err in reading MD Code, Public Safety Art., § 2-510, so broadly as to conclude that crime scene DNA of other suspects – one of whom had a conviction for a crime very similar to the events for which Petitioner stood trial – was not admissible at trial, and was Petitioner denied his constitutional right to present a defense?

Howard Bay Diggs v. State of Maryland - Case No. 17, September Term, 2014

Issues – Criminal Law – 1) Does MD Code, Public Safety Art., §2-510, which provides that “a DNA database match may be used to establish probable cause to charge and arrest an individual” but “the database match would be inadmissible at a trial of that individual…,” prohibit the introduction at trial by a criminal defendant of evidence of DNA matches to alternative suspects; and if so, does §2-510 deny a criminal defendant his/her constitutional right to present a defense? 2) Did the trial court err in excluding evidence offered by Petitioner of DNA database matches to other suspects on evidence collected at the crime scene?

Kevin E. Jones v. State of Maryland - Case No. 14, September Term, 2014

Issue – Criminal Law – Was the evidence sufficient to convict Petitioner of second degree assault of the intent to frighten modality where the State failed to prove that Petitioner was aware of the existence of the victim?

Jerrod M. Peterson v. State of Maryland - Case No. 13, September Term, 2014

Issues – Criminal Law – 1) Did the trial court err in ruling that the attorney-client privilege prevented the co-conspirator’s attorney from testifying about the co-conspirator’s proffer session with a prosecutor and a county homicide detective? 2) Was Petitioner’s Sixth Amendment Right of Confrontation violated when the trial court limited his cross-examination of multiple State witnesses? 3) Did the trial court commit reversible error by limiting Petitioner’s cross-examination of multiple State witnesses? 4) Are Petitioner’s claims regarding cross-examination of witnesses properly before this Court for review?

William Rounds, et al. v. Maryland National Capital Park and Planning Commission, et al. - Case No. 19, September Term, 2014

Issues – Local Government – 1) Whether parties seeking redress from alleged government violations of the Constitution should be required to adhere to the strict notice requirements of the Local Government Tort Claims Act? 2) Did CSA err in upholding the severe remedy of dismissal for an alleged failure to join necessary parties, despite the Complaint’s assertion that non-defendant neighbors did not oppose action? 3) Did CSA err in its factual determination that Petitioners failed to file this cause of action within the statute of limitations?

State of Maryland v. Kenneth Martin Stachowski, Jr. - Case No. 15, September Term, 2014

Issues – Criminal Law – 1) Did CSA err in holding that a court may not order restitution as part of a plea agreement on a charge as a condition of a probation in another matter before the court, creating uncertainty in conflict with this Court’s holdings in Walczak and Lee? 2) Did CSA err in vacating only the negotiated and accepted restitution condition required of Petitioner, which was part of the plea agreement, rather than rescinding the entire plea agreement, thus allowing Petitioner the full benefit of his bargain with the State without assuming any of his negotiated burden?

Gineene Williams, etc., et al. v. Peninsula Regional Medical Center, et al. - Case No. 18, September Term, 2014

Issue – Torts – Does MD’s involuntary admission immunity statute, Health General § 10-618, apply to health care providers who evaluate an individual and decide to discharge the patient from psychiatric care?

 

Denied December 23, 2013

ADC Builders v. Seabright Condominium Assoc. – Pet. Docket No. 424
Allen, Lorenzo Ronnell v. State – Pet. Docket No. 487
Argueta-Rodriguez, Javier v. State – Pet. Docket No. 423
Asim v. Fishman – Pet. Docket No. 448
Avebe v. Louis Fireison and Associates, P.A. – Pet. Docket No. 332
Bartsch v. Bartsch – Pet. Docket No. 420
Blackston v. Pitre – Pet. Docket No. 290
Choate, Ralph Sabert v. State – Pet. Docket No. 474
Claybrooks, William J. v. State – Pet. Docket No. 372
Corey v. Corey – Pet. Docket No. 457
Cressman v. City of New Carrollton – Pet. Docket No. 428
Domer, Ronnie E. v. State – Pet. Docket No. 427
Duke v. Ffrench-Mullen – Pet. Docket No. 458
Epperson v. Baltimore Police Dept. – Pet. Docket No. 488
Feehely v. Long & Foster Real Estate – Pet. Docket No. 480
Gray, Isaac v. State – Pet. Docket No. 466
Harris, Lisa v. State – Pet. Docket No. 435
Haston, John F. v. State – Pet. Docket No. 468
Hillman v. First American Title Insurance Co. – Pet. Docket No. 454
Howard v. TUTs Inc. – Pet. Docket No. 438
In Re: De’Asha E. – Pet. Docket No. 452
In Re: Landen W. and Jhayden H. – Pet. Docket No. 459
Johnson, Mark v. State – Pet. Docket No. 471
Kanu, Aluseni v. State – Pet. Docket No. 422 and conditional cross-petition
Kelly v. Shearin – Pet. Docket No. 469
Largent, Ronald v. State and the Circuit Court for Calvert Co. – Pet. Docket No. 463
Llanten v. Cedar Ridge Counseling Centers – Pet. Docket No. 449
Mark’s Body Shop, Inc. v. Erie Insurance Exchange – Pet. Docket No. 465
Marshall, Dajuan v. State – Pet. Docket No. 434
Mboob, Mustapha A. v. State – Pet. Docket No. 370
Miles, Anayah v. State – Pet. Docket No. 489
Monbo v. Morgan Properties Trust – Pet. Docket No. 286
Monbo v. Morgan Properties Trust – Pet. Docket No. 287
Moore v. Motor Vehicle Administration – Pet. Docket No. 303
Morgan, Maurice, Jr. v. State – Pet. Docket No. 350
Muhammad, individually and as guardian of Kayla Martin v. State, et al. – Pet. Docket No. 407
Murray, John Mark v. State – Pet. Docket No. 432
Myers v. Md. State Retirement & Pension System – Pet. Docket No. 484
Newby, Antonio v. State – Pet. Docket No. 443
Nicholas Financial, Inc. v. Cruz – Pet. Docket No. 451
Oakmont Green v. Town of Hampstead – Pet. Docket No. 485
Pescrillo, Gary W. v. State – Pet. Docket No. 426 and conditional cross-petition
Phillips v. Bank of America, N.A. – Pet. Docket No. 439
Retirement Community of Easton v. Talbot Bank of Easton – Pet. Docket No. 483
Roane v. Maryland Board of Physicians – Pet. Docket No. 472
Rosewick Road Development v. Miller – Pet. Docket No. 473
Shuebrooks, Robert Milton v. State – Pet. Docket No. 425
Singh v. Supervisor of Assessments for Baltimore Co. – Pet. Docket No. 462
Smith, Marlon v. State – Pet. Docket No. 486
Spence, Michael William v. State – Pet. Docket No. 431
State v. Estep, Rydell Lee – Pet. Docket No. 442 and conditional cross-petition
Taylor v. Bernich – Pet. Docket No. 436
Tinsky, Craig v. State – Pet. Docket No. 415
Tshamba, Gahiji v. State – Pet. Docket No. 444
Vidoto, Joao v. State – Pet. Docket No. 333
White, Darryl v. State – Pet. Docket No. 440
Wilkerson, Dedrick Tyrone v. State – Pet. Docket No. 433
Williams v. Dore – Pet. Docket No. 464