Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2015

Granted June 23, 2016

Collins, Ruben Arnez v. State of Maryland - Case No. 24, September Term, 2016

Issue – Criminal Law –Did the trial court’s method of conducting voir dire fail to reasonably ensure that the court received truthful and accurate responses to its questions, thus constituting an abuse of discretion and violating Petitioner’s right to a fair and impartial jury?

Glass v. Anne Arundel Co. - Case No. 20, September Term, 2016

Issues – State Government – 1) Are the trial courts precluded from making any finding that material sought by a person about himself may be severed from an internal affairs file pertaining to a specific, identified law enforcement officer under the Public Information Act? 2) Does the custodian of records for a governmental unit have any responsibility under the Public Information Act to disclose computerized records created and used in the work of the unit, but stored outside the unit, when the governmental unit has the right and practical ability to retrieve the records on demand? 3) Having determined that the custodians knowingly and willfully failed to conduct a legally adequate search in locations where responsive material is likely to be found, was it error for the trial court to decline to order a remedial search in those locations?

Hughes v. Moyer, Secretary of Public Safety & Correctional Services - Case No. 21, September Term, 2016

Issues – State Personnel & Pensions – 1) Did the trial court err in failing to consider the notice requirements imposed on the State by Md. Code. Ann, State Pers. & Pens. § 11-106(a)(5)? 2) Did the trial court err in failing to consider the minimum level of due process due to Petitioner prior to the State’s deprivation of a property right?

Kor-Ko, Ltd. & Rothamel v. Dept. of the Environment - Case No. 23, September Term, 2016

Issues – Environmental Law – 1) Did Maryland Department of the Environment (“MDE”) err by interpreting the definition of “premises” in COMAR § 26.11.15.06 to include the entire commercial park rather than one tenant in the multi-tenant commercial park? 2) Did MDE err by concluding that its “air toxics regulations do not apply” anywhere within the entire commercial park? 3) Did MDE err by not evaluating whether emissions of toxic air pollutants will unreasonably endanger the health of the neighboring tenant in the commercial park?

Smallwood, Dameron v. State of Maryland - Case No. 22, September Term, 2016

Issues – Criminal Procedure – 1) Where a psychiatrist initially determined that Petitioner was criminally responsible for acts leading to criminal charges and that opinion led Petitioner to withdraw a plea of not criminally responsible (“NCR”) and proceed to trial on an agreed statement of facts and where, approximately 25 years later, the same psychiatrist concluded that Petitioner was in fact NCR at the time he committed the acts leading to the criminal charges, is the psychiatrist’s revised opinion about criminal responsibility newly discovered evidence that creates a substantial or significant possibility that the result may have been different such that Petitioner is entitled to relief under Criminal Procedure Article § 8-301? 2) Does § 8-301, which governs petitions for writs of actual innocence, contemplate relief for an individual who was convicted of a crime but who later presents newly discovered evidence that he was not criminally responsible at the time of the crime? 3) May a person who was convicted after a trial on an agreed statement of facts obtain relief under § 8-301? 4) Does an expert’s opinion that Petitioner was NCR, offered many years after the same expert opined that the petitioner was criminally responsible constitute “newly discovered evidence” under § 8-301? 5) Does the revised expert opinion that Petitioner was not criminally responsible at the time of the crime create a substantial or significant possibility that the result in this case may have been different?

 

Denied June 24, 2016

Adkins, Jasmine Marie v. State - Pet. Docket No. 664
Ames, Brandon v. State - Pet. Docket No. 69 *
Ball, Jay Hanson v. State - Pet. Docket No. 122 *
Brandeen v. Brandeen - Pet. Docket No. 75 *
Byrd v. Belman - Pet. Docket No. 76 *
Castles of Love Assisted Living v. Blanks - Pet. Docket No. 60 *
Claggett v. Kleeman - Pet. Docket No. 74 *
Cohen v. Veolia Transportation Services - Pet. Docket No. 90 *
Crockett, Timothy v. State - Pet. Docket No. 113 *
Davis, James v. State - Pet. Docket No. 127 *
Days Auto v. Heubeck - Pet. Docket No. 8 *
Econo Van Lines v. Jackson - Pet. Docket No. 82 *
Evans, Antonio v. State - Pet. Docket No. 139 *
Gaines v. Montgomery Co. - Pet. Docket No. 106 *
Gallinat, Jiovanni v. State - Pet. Docket No. 128 *
Gibbs, Gilbert v. Warden, RCI-H - Pet. Docket No. 600
Givens, Albert Gustav v. State - Pet. Docket No. 89 *
Govan, Kendall Alonzo v. State - Pet. Docket No. 130 *
Green, Corey M. v. State - Pet. Docket No. 124 *
Harden, Russell Kelscoe v. State - Pet. Docket No. 138 *
Hollimon v. Barber - Pet. Docket No. 669
Howard, Erik v. State - Pet. Docket No. 679
Hunt, Kareem Eugene v. State - Pet. Docket No. 683
Ihedinma, Frederick v. State - Pet. Docket No. 28 *
Holden, Gregory v. State - Pet. Docket No. 126 *
In re: Adoption/Guardianship of Alyiah C. - Pet. Docket No. 3 *
In re: Adoption/Guardianship of H.L.N.B. & H.C.N.B. - Pet. Docket No. 77 *
In the Matter of the Estate of Sorrell, Deceased - Pet. Docket No. 105 *
Kimberlin v. Walker - Pet. Docket No. 93 *
Kropfelder v. Kropfelder and Nolan, Plumhoff & Williams - Pet. Docket No. 92 *
Little v. Generation Mortgage - Pet. Docket No. 111 *
Lowery v. Davis - Pet. Docket No. 79 *
Lowery v. Stephenson - Pet. Docket No. 78 *
Massenburg, Keith D. v. State - Pet. Docket No. 99 *
Matthews, George v. State - Pet. Docket No. 95 *
Mayhew, Brian Cuffie v. State - Pet. Docket No. 34 *
Mills, Lawrence v. State - Pet. Docket No. 85 *
Myles, Meredith Lee v. State - Pet. Docket No. 134 *
Nolasco v. Motor Vehicle Administration - Pet. Docket No. 670
Perry, Montaray Eugene v. State - Pet. Docket No. 101 *
Queen, Keith Lavell v. State - Pet. Docket No. 107 *
Qureshi v. Khan - Pet. Docket No. 619
Qureshi v. Khan - Pet. Docket No. 658
Reeves v. Miller - Pet. Docket No. 97 *
Savage, Octavius v. State - Pet. Docket No. 94 *
Schene, John Michael v. State - Pet. Docket No. 59 *
Silver v. Gutridge - Pet. Docket No. 157 *
Singletary, Tavon P. v. State - Pet. Docket No. 100 *
Tepper v. Quality Painting & Plastering - Pet. Docket No. 118 *
Tinsley v. Suntrust Bank - Pet. Docket No. 102 *
Walker v. Lewis - Pet. Docket No. 70 *
Willison v. Cavey - Pet. Docket No. 1 *
Willson v. Deutsche Bank National Trust - Pet. Docket No. 98 *






* September Term 2016