Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2013

 

Dismissed June 9, 2014

Vaeth v. Lamone - Pet. Docket No. 175 *






* September Term 2014

Granted June 18, 2014

Anne Arundel County, Maryland, et al. v. Harwood Civic Association, Inc., et al. - Case No. 39, September Term, 2014

Issues – Zoning and Planning – 1) Whether the prima facie aggrievement standard established in Bryniarski v. Montgomery Cnty. Bd. of Appeals, 247 Md. 137 (1967), should be expanded beyond challenges to administrative land use decisions to include challenges to legislative comprehensive zoning enactments? 2) Whether the “almost prima facie” standard as established in Ray v. Mayor of Balt., 430 Md. 74 (2013), should be expanded beyond challenges to administrative land use decisions to include challenges to legislative comprehensive zoning enactments? 3) Whether CSA properly applied the “legal boundaries” standard of review to the legislative actions of the County Council? 4) Whether CSA erred in imposing the “consistency” requirement of § 1-417(b) of the Land Use Article? 5) Whether the considerations established as relevant to special aggrievement in Ray v. Mayor of Balt. apply equally to cases in which a private citizen challenges the validity of legislatively enacted comprehensive zoning? 6) Whether Land Use Article § 1-417 (enacted in 2012) required that comprehensive zoning enacted by Anne Arundel County in 2011 be consistent with the Anne Arundel County General Development Plan? 7) Whether the title to Chapter 674, Laws of Maryland 2013 retroactively required comprehensive zoning enacted by Anne Arundel County in 2011 to be consistent with the Anne Arundel County General Development Plan? 8) Whether Md. Code Ann., Art. 66B § 1.04(f) required comprehensive zoning enacted by Anne Arundel County in 201 to be consistent with the Anne Arundel County General Development Plan? 9) Because one element of unlawful spot zoning requires zoning that is inconsistent with the comprehensive zoning plan, can a local legislative body unlawfully spot-zone a particular property when adopting legislation that enacts into law a new comprehensive zoning plan, when all zoning included in the legislation is part of that plan?

Terance Garner v. State of Maryland - Case No. 41, September Term, 2014

Issues – Criminal Law – 1) Are separate consecutive sentences for use of a handgun in the commission of a crime of violence prohibited when a single handgun is used in committing two crimes against a single victim in one transaction?  2) Where CSA correctly determined that the trial court imposed an illegal sentence, but failed to correct that illegal sentence, should this Court correct the illegal nature of the sentence?

Aaron Harrison-Solomon v. State of Maryland - Case No. 40, September Term, 2014

Issue – Criminal Law – Where Petitioner was committed to the Department of Health & Mental Hygiene pursuant to a finding that he was not criminally responsible, was subsequently conditionally released, and did not violate any of the conditions of his release, did the circuit court have jurisdiction, after the expiration of the order of conditional release (OCR), to grant a motion to “extend” the OCR filed five days prior to its expiration?

Albert Sublet IV v. State of Maryland - Case No. 42, September Term, 2014

Issues – Criminal Law – 1) Did the lower courts err in excluding crucial Facebook evidence on authentication grounds where the suspected author of the Facebook posts testified at trial, admitted discussing the fight on Facebook, and recognized this specific Facebook conversation, and where the posts contained numerous distinctive characteristics demonstrating authenticity? 2) In excluding Facebook evidence on authenticity grounds, did the lower courts err by applying an incorrect legal standard? 3) In assessing the Facebook evidence, did the lower courts err by not applying a correct and complete authentication analysis?

Denied June 19, 2014

Altevogt v. Montgomery Co. - Pet. Docket No. 688
Ashai v. Howard Co. Board of Elections - Pet. Docket No. 203 *
Ashton v. Baine - Pet. Docket No. 65 *
Bailey, Thomas v. State - Pet. Docket No. 54 *
Brown, Mandel Tyre v. State - Pet. Docket No. 100 *
Butler, Davon v. State - Pet. Docket No. 683
Carter, Marvin Terrell v. State - Pet. Docket No. 62 *
Case v. Unisys Corp. - Pet. Docket No. 38 *
Coleman, Zachary v. State - Pet. Docket No. 689
Coote, Owen St. Aubry v. State - Pet. Docket No. 684
Green v. Marex - Pet. Docket No. 651
In re Adoption/Guardianship of Brandon W. - Pet. Docket No. 107 *
In re: Belvin P. - Pet. Docket No. 41 *
In the Matter of Hobbs, Estate No. 14, 215 - Pet. Docket No. 89 *
Jackson, William v. State - Pet. Docket No. 87 *
Johnson, Michael Jerome v. State - Pet. Docket No. 53 *
Jones, Cory Jamaul v. State - Pet. Docket No. 91 *
Kosmors, Inc. v. Tomrus Management - Pet. Docket No. 67 *
Lynch, Renardo v. State - Pet. Docket No. 69 *
Lyon Villa Venetia v. CSE Mortgage - Pet. Docket No. 110 *
Manning, William Arthur v. State - Pet. Docket No. 125 *
Markovitz v. Howard Co. Zoning Board - Pet. Docket No. 99 *
McEachin, Victor D. v. State - Pet. Docket No. 60 *
McLean, Ryan v. State - Pet. Docket No. 52 *
Morris, Larry, Jr. v. State - Pet. Docket No. 73 *
National Wrecking Corp. v. Whiting Turner Contracting - Pet. Docket No. 46 *
Parrish, Dant'e v. State - Pet. Docket No. 84 *
Prince, Joshua Gabriel v. State - Pet. Docket No. 85 *
Rivies, Shannon v. State - Pet. Docket No. 72 *
Schmalfeldt v. Hoge - Pet. Docket No. 29 *
Sierra Club v. Dominion Cove Point LNG - Pet. Docket No. 88 *
Singh v. Knockout Lockouts - Pet. Docket No. 63 *
Smith v. Dore - Pet. Docket No. 86 *
Smith, Antwan Derrell v. State - Pet. Docket No. 59 *
Vance, Benjamin v. State - Pet. Docket No. 56 *
Weippert v. Thompson - Pet. Docket No. 76 *
Williams, Cameron v. State - Pet. Docket No. 101 *
Williams, Frank Theodore v. State - Pet. Docket No. 80 *







* September Term 2014

Denied June 23, 2014

Stokes v. Mayor and City Council of Baltimore - Pet. Docket No. 222 *






* September Term 2014