Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2016

 

Denied October 6, 2016

Pepsi Bottling Group v. Plummer - Pet. Docket No. 22 and cross-petition
Uno Restaurants v. Rivera - Pet. Docket No. 144 and cross-petition



Granted October 6, 2016

Linda H. Lamone, et al. v. Ian Schlakman, et al. - Case No. 50, September Term, 2016

Issue – Election Law – Did the trial court err in entering an ex parte temporary restraining order that requires the Appellants to remove the name of a qualified candidate from the ballot in Baltimore City Councilmanic District No. 12 for the 2016 General Election?

 

Denied October 7, 2016

Moore v. Montgomery Co. Bd. of Elections - Pet. Docket No. 393



Granted October 12, 2016

Motor Vehicle Administration v. Robert Allen Krafft - Case No. 52, September Term, 2016

Issue – Transportation – In an alcohol test refusal, implied consent, case is it enough to support a license suspension that an officer reasonably believed that the licensee, whose vehicle was involved in an accident in front of his house and who is found in an intoxicated condition in his house with the door open had been driving his vehicle while intoxicated or must the MVA establish as much by a preponderance of the evidence?

Motor Vehicle Administration v. Paul McGuire Styslinger - Case No. 53, September Term, 2016

Issue – Transportation – Did the ALJ err, in a license-suspension hearing conducted under TR § 205.1(f), by requiring MVA to prove by a preponderance of the evidence that a licensee who has refused to take a blood test was driving or attempting to drive when, as the ALJ found, the investigating officer had “reasonable grounds to believe” that the licensee was attempting to drive while impaired?

Joseph Norman, Jr. v. State of Maryland - Case No. 56, September Term, 2016

Issue – Criminal Law – Does the smell of raw marijuana coming from a car stopped for a traffic violation provide police with reasonable suspicion to believe that all passengers in the car are armed and dangerous, such that a pat down, or Terry frisk, of the passengers is permissible, in the absence of any factors suggesting that any of the passengers posed a risk to the officer?

State of Maryland v. Andrew Baker - Case No. 55, September Term, 2016

Issues – Criminal Law – 1) Did CSA err in concluding that the trial court failed to articulate sufficiently the basis for its determination of manifest necessity for a retrial? 2) Did the trial court properly exercise its discretion in finding manifest necessity to declare a mistrial?

State of Maryland v. Grason Lapole - Case No. 54, September Term, 2016

Issues – Criminal Law – 1) Did CSA err in concluding that the trial judge abused his discretion in asking the following question during voir dire: “Would any of you automatically give more or less weight to the testimony of a physician, a clergyman, a police officer, a firefighter, a psychiatrist or any other witness merely because of their title, profession, education, occupation or employment?” 2) Did CSA err in concluding that error in phrasing the police officer question was “by definition” not harmless, even though the police officer’s testimony was inconsequential?

 

Denied October 13, 2016

Stuckey, Warren v. State of Maryland - Pet. Docket No. 397



Granted October 28, 2016

Stewart Levitas v. Michael Davon Christian - Case No. 58, September Term, 2016

Issues – Torts – 1) Did CSA err in reconsidering all issues in this case when this Court’s order for “reconsideration in light of Roy v. Dackman, 445 Md. 23 (2015), should only have impacted the issue of expert qualifications? 2) Did the trial court abuse its discretion in excluding the medical expert’s testimony where the record showed that the expert did not have a sufficient factual basis to support either his opinion as to the source of lead exposure or the cause and extent of Respondent’s alleged injuries?

Terrence Rogers v. Home Equity USA, Inc. - Case No. 57, September Term, 2016

Issues – Torts – 1) Can an appellate court decline to address the correctness of the trial court’s reasoning when granting summary judgment and then affirm the summary judgment relying on a different factual basis than that relied upon by the trial court where the trial court had discretion to deny summary judgment, the alternative basis required resolution of critical facts in dispute, and the appellate court rendered its decision without the benefit of a complete record? 2) Did CSA err in affirming the grant of summary judgment on a factual basis not relied upon by the trial court, when the factual support was first presented to the trial court by Respondent during the hearing on summary judgment, not allowing Petitioner time to ensure a complete factual record as to the issue? 3) Did CSA err in affirming the grant of summary judgment in reliance on a medical expert’s opinion stated during her deposition which, in turn, relied upon the resolution of a material fact in dispute, when the trial court did not rely upon this opinion as a reason for granting summary judgment, the issues could only be determined by resolving disputes of fact, and the record contained only non-consecutive pages of the deposition transcript? 4) Did CSA invade the province of the jury and make a determination of fact in affirming a grant of summary judgment? 6) Did the trial court err in granting Respondent’s motion for summary judgment and in denying Petitioner’s motion for reconsideration, on the ground that Petitioner failed to meet his burden of proof?

Allen Tiffany v. University of Maryland, College Park - Case No. 59, September Term, 2016

Issues – Labor & Employment – 1) Does a collective bargaining agreement that directs that an employee may only be disciplined for cause abrogate at-will employment? 2) Does a right to process for a public employee abrogate at-will employment?

Denied October 31, 2016

Allmond v. Department of Health & Mental Hygiene - Pet. Docket No. 399
Alli v. Rosenberg - Pet. Docket No. 313
Bahich v. Paisley - Pet. Docket No. 225
Bassford, Richard Larry v. State - Pet. Docket No. 309
Bennett, Chauncey v. Secretary, DPSCS - Pet. Docket No. 221
Brown v. Dore - Pet. Docket No. 284
Caster, Joseph Mac v. State - Pet. Docket No. 347
Chelle v. Ghazzaoui - Pet. Docket No. 315
Cole, Kevin v. State - Pet. Docket No. 319
Dicks, Andrew Joseph v. State - Pet. Docket No. 307
Easley, Deandre v. State - Pet. Docket No. 277
Edwards, Alexander v. State - Pet. Docket No. 293
Ellis, Lennell v. State - Pet. Docket No. 261
Ervin, Tavon v. State - Pet. Docket No. 338
Gutierrez-Lopez, Jairo v. State - Pet. Docket No. 240
Hammond, Von v. State - Pet. Docket No. 294
Hoang and Hoang v. Citibank - Pet. Docket No. 291
Hull, Andrew Stephen v. State - Pet. Docket No. 320
In re: Hector S. - Pet. Docket No. 321
In Re The Matter of O. F. - Pet. Docket No. 303
Johnson, Antonio W. v. State - Pet. Docket No. 342
Johnson, Jeremy Paul v. State - Pet. Docket No. 336
Jones, Wendall Ernest v. State - Pet. Docket No. 355
Katsafanas v. Acre Mortgage & Financial - Pet. Docket No. 249
Kern, William Scott v. State - Pet. Docket No. 317
Loftin, Kamisha J. v. State - Pet. Docket No. 296
Marsey, Kevin v. State - Pet. Docket No. 311
Moody v. Mass Transit Administration - Pet. Docket No. 318
Moore, Khiry M. v. State - Pet. Docket No. 297
Nahal v. PPE Casino Resports Maryland - Pet. Docket No. 250
Owens, George C. v. State - Pet. Docket No. 276
Pierson v. Anderson - Pet. Docket No. 325
Quesenberry, Patrick J. v. State - Pet. Docket No. 304
Richardson, Anthony v. State - Pet. Docket No. 324
Robinson, James W., Jr. v. State - Pet. Docket No. 344
Savage, Deangelo F. v. State - Pet. Docket No. 354
Scott, Damone D. v. State - Pet. Docket No. 310
Sefcik, John v. State - Pet. Docket No. 210
Sewell v. Dore - Pet. Docket No. 327
Shapard v. Keithan - Pet. Docket No. 229
Sheard, Jahwil Tamad v. State - Pet. Docket No. 217
Short, Ronald Jefferson v. State - Pet. Docket No. 333
Siddiqui v. Shirley - Pet. Docket No. 163
Steuart, John Douglas v. State - Pet. Docket No. 332
Stone, Robert William, Jr. v. State - Pet. Docket No. 339
Tinsley v. Townsend - Pet. Docket No. 287
Trintis, Nicolaos v. State - Pet. Docket No. 300
Vasilakopoulis v. Gamma Utilities, et al. - Pet. Docket No. 323
Wells, James T. v. State - Pet. Docket No. 362
Whitley, Dana v. State - Pet. Docket No. 314
Wilkins, Davon v. State - Pet. Docket No. 238
Williams v. Jackson - Pet. Docket No. 289
Williams v. Williams - Pet. Docket No. 302