Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2016

 

Denied September 1, 2016

Waithe v. Cohn - Pet. Docket No. 290









Granted September 2, 2016

The Board of Liquor License Commissioners for Baltimore City v. Steven Kougl, et al. - Case No. 43, September Term, 2016

Issue – Alcoholic Beverages – Did the Liquor Board correctly interpret its rules to impose upon licensees strict liability for sexual display, performance, or illegal activity conducted on licensed premises, where the pertinent portions of the rules contain no language limiting a licensee’s responsibility to situations where the licensee has actual or constructive knowledge of the offending conduct?

Clifford Cain, Jr. v. Midland Funding - Case No. 45, September Term, 2016

Issues – Courts and Judicial Proceedings – 1) Did CSA err in concluding that a debt buyer’s pattern of filing thousands of collection actions in Md. courts, and obtaining judgments in those actions, was unrelated to a later putative class action seeking a judicial declaration that those earlier judgments were void and disgorgement of the money so obtained, thus finding the doctrine of waiver inapplicable and permitting the debt buyer to compel arbitration on an individual basis? 2) In concluding that no waiver of the right to arbitrate had occurred, did CSA err in disregarding the tactical timing of the debt buyer’s motion to compel arbitration, which it filed only after a CSA opinion in a related case that was adverse to the debt buyer’s litigation position?

Oscar Cruz-Quintanilla v. State of Maryland - Case No. 44, September Term, 2016

Issue – Criminal Law – May a sentencing court consider a criminal defendant’s gang membership when the State presents no evidence (1) that the underlying crime is gang related or (2) that the defendant committed any criminal actions on behalf of the gang?

Maryland Insurance Administration v. State Farm Mutual Automobile Insurance Company, et al. - Case No. 41, September Term, 2016

Issues – Insurance Law – 1) Does the exception in § 19-505(c)(1)(ii) of the Insurance Article permit an insurance company to exclude coverage under a motor vehicle policy that includes personal injury protection for an accident involving a taxicab owned by the insured and for which the owner was unable to obtain personal injury protection coverage? 2) Did the Md. Insurance Commissioner correctly determine that the insured was entitled to the benefit of his motor vehicle policy’s personal injury protection coverage for injuries sustained while driving his taxicab, for which he carried the insurance coverage required under the Transportation Article?

Vernon Harvey Spriggs, III v. State of Maryland - Case No. 46, September Term, 2016

Issues – Criminal Law – 1) When an officer detects the odor of marijuana coming from a car, does that officer have probable cause to search the car in light of the fact that possession of less than ten grams of marijuana is now a “civil offense” punishable only by a fine? 2) Did the trial court err when it denied Petitioner’s motion to suppress?

State of Maryland v. Jeffrey D. Ebb, Sr. - Case No. 40, September Term, 2016

Issue – Criminal Law – Did the trial court properly deny a Petition for Writ of Actual Innocence in which the Petitioner neither (a) claimed innocence, or (b) presented any meaningful “new” evidence?

United Food and Commercial Workers International Union v. Wal-Mart Stores, Inc., et al. - Case No. 42, September Term, 2016

Issue – Labor & Employment – Did CSA err when it held that this case does not involve a labor dispute and the National Labor Relations Act does not preempt Walmart’s claims?

Dexter Williams v. State of Maryland - Case No. 39, September Term, 2016

Issues – Criminal Law – 1) When an officer smells the odor of marijuana from the interior of a car and when the driver and sole occupant admits that he has an unspecified amount of marijuana in the car, does the officer have probable cause to search the car in light of the fact that possession of less than ten grams of marijuana is now a “civil offense” punishable only by a fine? 2) Did the trial court err when it denied Petitioner’s motion to suppress?

Granted September 28, 2016

Antwann Gibson v. State of Maryland - Case No. 48, September Term, 2016

State of Maryland v. Douglas Ford Bey II - Case No. 49, September Term, 2016

Issue – Criminal Law – Did CSA err in concluding that Criminal Law § 3-315, which prohibits engaging in a continuing course of conduct with a child, prohibits more than one conviction and sentence per victim, regardless of the duration of the abuse or the type of sexual acts committed?

Denied September 29, 2016

1st Team Fitness v. Illiano - Pet. Docket No. 224
Anderson, Daniel W. v. State - Pet. Docket No. 230
Atkinson v. Anne Arundel Co. - Pet. Docket No. 241 and conditional cross-petition
Bailey v. Carson - Pet. Docket No. 187
Banks, Eric, Sr. v. State - Pet. Docket No. 274
Bell v. Dyck O'Neal, Inc. - Pet. Docket No. 223
Bey, Douglas Ford, II v. State - Pet. Docket No. 247
Bonnett, James Elias v. State - Pet. Docket No. 288
Burnette v. Tunstall - Pet. Docket No. 258
Caldwell, Robert Eugene v. State - Pet. Docket No. 263
Dan's Mountain Wind Force v. Allegany Co. Bd. of Zoning Appeals - Pet. Docket No. 253
Darling, Deshaune Darnell v. State - Pet. Docket No. 260
Davis v. State Farm Ins., Allstate Ins. - Pet. Docket No. 280
Donfack v. Accurate Management & Sales - Pet. Docket No. 108
Fallin, Tierra v. State - Pet. Docket No. 232
France v. Cassilly - Pet. Docket No. 141
French, Mark Phillip v. State - Pet. Docket No. 273
Friedman v. Comptroller of the Treasury - Pet. Docket No. 251
Gardner, Clifton v. State - Pet. Docket No. 266
Goldberg, et al. v. State - Pet. Docket No. 252
Griffin, McKinley v. State - Pet. Docket No. 272
Griffin v. Jontiff - Pet. Docket No. 208
Hailey, Dexter Lee v. State - Pet. Docket No. 239
Hickman, Robert Brian v. State - Pet. Docket No. 103
Hill, Chauncey A. v. State - Pet. Docket No. 254
In re: A. B. - Pet. Docket No. 246
In re: Autumn P. - Pet. Docket No. 270
Jackson, Quincy v. State - Pet. Docket No. 264
Jackson v. Hill - Pet. Docket No. 220
Johnson, Michael Anthony v. State - Pet. Docket No. 233
Johnson, Michael Avon v. State - Pet. Docket No. 271
Kamara, Zainab v. State - Pet. Docket No. 268
Kitchen, Tremaine Lamont v. State - Pet. Docket No. 244
Kluchinsky, Timothy v. State - Pet. Docket No. 226
Leedom v. Raker - Pet. Docket No. 65
Lilly, Marcus v. State - Pet. Docket No. 206
Malone Investments v. Somerset Co. Sanitary District - Pet. Docket No. 279
Martin v. Meyer - Pet. Docket No. 257
Mayberry v. Battles - Pet. Docket No. 140
McDonald, James Anthony v. State - Pet. Docket No. 237
McKnight, William v. State - Pet. Docket No. 227
Monument Realty v. Neal - Pet. Docket No. 228
Norman v. Chicago Title Ins. - Pet. Docket No. 259
Plummer, Tyrone D. v. State - Pet. Docket No. 283
Richardson, Adam Kentrell v. State - Pet. Docket No. 248
Roberts, Aaron B. v. Secretary of DPSCS - Pet. Docket No. 282
Ross v. City of Annapolis - Pet. Docket No. 265
Scarborough v. Alstatt - Pet. Docket No. 281
Stein v. Pfizer, Inc. - Pet. Docket No. 255
Vollmer v. Schwartz - Pet. Docket No. 218
Waller, Michael v. State - Pet. Docket No. 267
Williams, James Tray v. State - Pet. Docket No. 295
Yu v. Dept. of Health and Mental Hygiene - Pet. Docket No. 211