Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2014

 

Granted November 19, 2014

Mark G. Hranicka v. Chesapeake Surgical Ltd., et al. - Case No. 83

Issue – Workers’ Compensation –Whether the Maryland Workers’ Compensation Commission has the authority to generate its own administrative rule to relate a claim back to the date it was electronically filed, for limitations purposes.

In re: Aaliyah S. - Case No. 81

Issue – Family Law – Is the change of a child’s permanency plan from a sole plan of reunification to a concurrent plan of reunification and custody and guardianship with a relative an appealable interlocutory order pursuant to Md. Code Ann. Cts. & Jud. Proc. Art. § 12-303?

Lauren McClanahan v. Washington County Department of Social Services - Case No. 79

Issues – Family Law – 1) Does the CSA decision that a parent can be strictly liable for child abuse by mental injury by seeking medical help for her five year old based on the child’s disclosures and symptoms, absent any finding that the parent acted intentionally, recklessly, or in bad faith to cause injury, violated the Due Process Clause, Family Law Article §§ 5-701 et seq., and Taylor v. Harford County Department of Social Services, 384 Md. 213 (2004)? 2) Did Petitioner’s attorney waive Petitioner’s objections to the privileged testimony of a therapist by discussing the assertion of privilege by the child’s attorney in the collateral child custody proceeding? 3) Did the ALJ’s decision against Petitioner violate the immunity provisions of Family Law Article § 5-708 and Courts and Judicial Proceedings Article § 5-620?

Dontae Preston v. State of Maryland - Case No. 80

Issues – Criminal Law – 1) Is the “witness promised benefit” jury instruction part of a special class of instructions, as CSA held, such that it remains always discretionary even when it is supported by some evidence? 2) Did the lower court abuse its discretion in declining to give the instruction where an eyewitness provided some evidence that she exchanged her cooperation with the State for free, protective housing? 3) Did the lower court err as a matter of law in declining to instruct the jury as defense counsel requested? 4) Does the record show that there was a “promise” or “testimony” that was “as a result of” a promise? 5) Is protective housing provided to a witness in a first degree murder case the type of “benefit” contemplated by the “witness promised benefit” pattern instruction?

Frank D. Scarfield, Sr., et al. v. Peter A. Muntjan, et al. - Case No. 82

Issue – Civil Procedure – Does the filing of an amended complaint which presents a new claim and jury demand revive a previously waived right to a jury trial where the new claim is dismissed for a failure to state a claim upon which relief can be granted?

 

Denied November 20, 2014

Alawode v. Nixon - Pet. Docket No. 275
Armstead v. East District Headquarters - Pet. Docket No. 389
Barnes, Ashley v. State - Pet. Docket No. 415
Barnes, Dennis P. v. State - Pet. Docket No. 402
Benjamin v. Johns Hopkins Hospital - Pet. Docket No. 430
Best, Brian Keith v. State - Pet. Docket No. 455
Blankumsee, Azaniah v. State - Pet. Docket No. 424
Blue Ink v. Two Farms - Pet. Docket No. 421
Brooks v. Domco Engineering - Pet. Docket No. 512
Brown, Don A. v. State - Pet. Docket No. 467
Brown, James McKinley v. State - Pet. Docket No. 429
Bryant v. Cloud - Pet. Docket No. 458
Cach, LLC v. Evans - Pet. Docket No. 456
Duppins, Darius v. State - Pet. Docket No. 399
Edwards, Issac v. State - Pet. Docket No. 376
Etienne, Eddy v. State - Pet. Docket No. 371 and conditional cross-petition
Eubanks, Billy H. v. State - Pet. Docket No. 270
Gibson, James v. State - Pet. Docket No. 422
Gray & Wasserman v. Howard Co. Board of Elections - Pet. Docket No. 447
Green v. McClintock - Pet. Docket No. 433
Griffin, Clayton v. State - Pet. Docket No. 446
Griffin, Sean Adam v. State - Pet. Docket No. 408 and conditional cross-petition
Grimes, Brandon v. State - Pet. Docket No. 443
Hang, David Rich v. State - Pet. Docket No. 353
Hsieh v. Huynh - Pet. Docket No. 356
Huff v. Camron - Pet. Docket No. 274
In re: Justice P. - Pet. Docket No. 407
Kim v. Phil Adzima Management - Pet. Docket No. 355
Lavelle v. Knapp - Pet. Docket No. 385
Lawrence, Neil Elmore v. State - Pet. Docket No. 398
Lee, Christopher Anthony v. State - Pet. Docket No. 395
Leftwich v. Apartment Services - Pet. Docket No. 293
Leigh, Aaron Matthew v. State - Pet. Docket No. 452
Lewis v. Gonzalez - Pet. Docket No. 396
Lewis v. Md. Dept. of Budget & Mgmt., Md. Dept of Human Res., & Balto. City. Dept. of Social Servs. - Pet. Docket No. 451
Linton, Delanta v. State - Pet. Docket No. 388
Lookingbill, William v. State - Pet. Docket No. 441
Loudermill, Eugene v. State - Pet. Docket No. 404
Lowe, Robert v. State - Pet. Docket No. 406
Marcus, Aaron Christopher v. State - Pet. Docket No. 448
Martin, Charles Brandon v. State - Pet. Docket No. 425
McKnight, Clark R. v. State - Pet. Docket No. 369
McNeal, Michael Edward v. State - Pet. Docket No. 423
Mills, Christopher v. State - Pet. Docket No. 409
Mitchell, Brandon v. State - Pet. Docket No. 440
Nicholson, Randall v. State - Pet. Docket No. 410
Oregon, LLC v. Baltimore Co. - Pet. Docket No. 439
Payton-Henderson & Thompson v. Evans - Pet. Docket No. 450
Pumphrey v. Mayor & Council of Rockvlle - Pet. Docket No. 432
Reinhardt v. Hopeman Brothers - Pet. Docket No. 427
Richardson, Zander v. State - Pet. Docket No. 444
Saco Construction v. Grunley Construction - Pet. Docket No. 436
Schifanelli v. Ivy League Mixed Martial Arts - Pet. Docket No. 431
Scott, Ade Yemi v. State - Pet. Docket No. 435
Serrano, David v. State - Pet. Docket No. 420
Smith v. Anne Arundel Co. - Pet. Docket No. 405
Smith, Suzanne M., et al. v. State - Pet. Docket No. 394
Stallings, Jamell v. State - Pet. Docket No. 454
State v. Price, Tavon - Pet. Docket No. 465
State v. Smith, Elrich Dolna - Pet. Docket No. 411 and conditional cross-petition
Thomas v. Thomas - Pet. Docket No. 530
Tu v. Lewis - Pet. Docket No. 445
Wallace, Charles Edward, Jr. v. State - Pet. Docket No. 308
Walls, Frederick v. State - Pet. Docket No. 401
Wanzer, Terrance v. State - Pet. Docket No. 416
Ward, William, III v. State - Pet. Docket No. 403 and conditional cross-petition
Williams v. Bradley - Pet. Docket No. 229
Williams, James, Jr. v. State - Pet. Docket No. 453
Woods, Carlos v. State - Pet. Docket No. 330





 

Denied November 25, 2014

Calvello v. Calvello - Pet. Docket No. 542